United States · United States Congress · 9 September 1998
Amends the Crime Control Act of 1990 to require each Federal, State, and local law enforcement agency to report each case of a missing child under age 21 (currently, age 18) reported to such agency to the National Crime Information Center of the Department of Justice.
United States · United States Congress · 6 August 1998
Electric Power Consumer Rate Relief Act of 1998 - Amends the Public Utility Regulatory Policies Act of 1978 to provide that a State regulatory authority may ensure that rates charged by qualifying small power producers and qualifying cogenerators to purchasing electric utilities: (1) are just and reasonable to consumers of the purchasing utility and in the public interest; and (2) do not exceed the incremental cost at the time of delivery to such utility of alternative electric energy and capacity. Authorizes a State regulatory authority to: (1) establish programs for monitoring the operating and efficiency performance of in-State cogeneration and small power production facilities in order to determine whether they meet Federal Energy Regulatory Commission standards; and (2) require that a contract entered into before the date of enactment of this Act be amended to conform to State requirements governing rates to retail electric consumers.
United States · United States Congress · 6 August 1998
Year 2000 Readiness Disclosure Act - Provides that, in any civil action arising under Federal or State law, no Year 2000 Readiness Disclosure (a statement concerning Year 2000 computer compliance information) (Y2K problem) shall be admissible unless the proponent of admissibility establishes that the Disclosure was material and: (1) the Disclosure was made with knowledge of its being false and misleading and with an intent to deceive; or (2) where the Disclosure was a republication of a third party, the republication was made without a disclosure by the maker that the Disclosure is based on a republication and that the maker has not verified the original statement. Provides similar requirements for an action based on an allegedly false, inaccurate, or misleading Year 2000 statement. Provides that, in any covered action in which the adequacy of notice about Year 2000 processing is at issue, and except as provided by contract, the posting of notice by the entity purporting to have provided such notice on that entity's Year 2000 Internet Website shall be presumed to be an adequate mechanism for providing such notice. Prohibits in any covered action a Year 2000 Disclosure from being interpreted or construed as an amendment to or alteration of a written contract or warranty, whether entered into by a public or private party (with exceptions). Authorizes a Federal entity, agency, or authority to expressly designate requests for the voluntary provision of information relating to Year 2000 processing as "Special Year 2000 Data Gathering Requests," thereby protecting information received from such requests from: (1) disclosure to any third party, including disclosure under the Freedom of Information Act; and (2) use in any civil action arising under any Federal or State law (with an exception). Provides exclusions from this Act. Makes this Act applicable to any Year 2000 Disclosure made on or after January 1, 1998, through December 31, 2001. Provides for the treatment of prior written disclosures.
United States · United States Congress · 6 August 1998
Crime Does Not Pay Act of 1998 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to provide for a reduction by five percent (and redistribution to States in compliance) of funds available for a State under the drug control and system improvement (Byrne) grant program unless, on the first day of each fiscal year after FY 2000, the State has in effect throughout the State a law which prohibits any individual who has been convicted of a felony from recovering, in any civil action under the law of such State, any compensatory, actual, or general damages for any physical or mental injury, harm, or suffering caused in the commission of the felony.
United States · United States Congress · 4 August 1998
Expresses the sense of Congress that State and local governments and local educational agencies are encouraged to: (1) dedicate at least one day of learning to the study and understanding of the significance of the Declaration of Independence, the Constitution, and the Federalist Papers; and (2) include a requirement that, before receiving a certificate or diploma of graduation from high school, students be tested on their competency in understanding those works.
United States · United States Congress · 30 July 1998
Expresses the sense of the Congress that: (1) by illegally revoking the autonomy of Kosova, undertaking other unconstitutional actions, and flagrantly violating the human rights of the people of Kosova, Serbia and the Federal Republic of Yugoslavia have forfeited the legitimate right to govern or to determine political status of the territory of Kosova; and (2) the United States should support the right of self-determination for the people of Kosova, support any resolution of the question of the status of Kosova that is arrived at by means of legitimate acts of self-determination, including a free and fair referendum, encourage other countries to support the right of self-determination for the people of Kosova, and support such representation of Kosova in international institutions as is consistent with the exercise of the legitimate right of self-determination by the people of Kosova.
United States · United States Congress · 22 July 1998
TABLE OF CONTENTS: Title I: Enhanced Source and Transit Country Coverage Title II: Enhanced Eradication and Interdiction Strategy in Source Countries Title III: Enhanced Alterative Crop Development Support in Source Zone Title IV: Enhanced International Law Enforcement Training Title V: Enhanced Drug Transit and Source Zone Law Enforcement Operations and Equipment Title VI: Relationship to Other Laws Western Hemisphere Drug Elimination Act - Declares that it is U.S. policy to: (1) reduce the supply of drugs and drug use through an enhanced drug interdiction effort in the major drug transit countries and a comprehensive supply country eradication and crop substitution program, because a commitment of increased resources in international drug interdiction efforts will create a balanced national drug control strategy among demand reduction, law enforcement, and international drug interdiction efforts; and (2) support policies and dedicate the resources necessary to reduce the flow of illegal drugs into the United States by not less than 80 percent by December 31, 2001. Title I: Enhanced Source and Transit Country Coverage - Authorizes appropriations for FY 1999 through 2001 for the Department of the Treasury and the Department of Defense (DOD) for the enhancement of air coverage and operation for drug source and transit countries. (Sec. 102) Authorizes appropriations for FY 1999 through 2001 for the Department of Transportation (DOT) for the enhancement of U.S. Coast Guard maritime coverage and operation in drug source and transit countries. (Sec. 103) Authorizes appropriations for FY 1999 through 2001 for the DOD for the enhancement of radar coverage in drug source and transit countries. Title II: Enhanced Eradication and Interdiction Strategy in Source Countries - Authorizes appropriations for FY 1999 through 2001 for the Department of State and the DOD for the enhancement of drug- related eradication efforts in Colombia. (Sec. 202) Authorizes appropriations for FY 1999 through 2001 for: (1) the Department of State for the establishment of a third drug interdiction site at Puerto Maldonado, Peru, to support air bridge and riverine missions for enhancement of drug-related eradication efforts there; and (2) the DOD for operation and maintenance, Defense-wide, for enhancement of drug interdiction efforts in Peru for support of multinational riverine and small boat maintenance training programs in Iquitos, Peru. Directs the Secretary of Defense to study and report to the Congress on Peruvian counternarcotics air interdiction requirements. (Sec. 203) Authorizes appropriations for FY 1999 through 2001 for the Department of State for enhancement of drug-related eradication efforts in Bolivia. (Sec. 204) Directs the Secretary of State to purchase six Bell 212 high altitude helicopters designated for opium eradication programs in Mexican states of Guerrero, Jalisco, and Sinaloa, for enhancement of drug-related eradication efforts there. Makes this purchase mandate contingent on Mexico's agreement to approve full diplomatic immunity for Drug Enforcement Administration (DEA) personnel serving in Mexico with privileges granted to U.S. Government officials to carry weapons necessary for the performance of their duties. Authorizes appropriations. Expresses the sense of the Congress that: (1) all U.S. law enforcement personnel serving in Mexico should be accorded the same status as diplomatic and consular personnel serving at U.S. posts in Mexico; and (2) all Mexican narcotics law enforcement personnel serving in the United States should be accorded the same diplomatic and consular status as DEA personnel serving in Mexico. (Sec. 205) Authorizes appropriations for FY 1999 through 2001 for enhanced precursor chemical control projects. (Sec. 206) Requires any individual serving as an assistant secretary of any Federal agency or department who has primary responsibility for international narcotics control and law enforcement (including the principal deputy of any such assistant) to have substantial professional qualifications in the fields of management and Federal law enforcement, or intelligence. Declares that the DOD shall have sole responsibility in implementation and processing of counternarcotics foreign military sales requests (with the Department of State having a consultative role in such requests). (Sec. 207) Expresses the sense of the Congress that the responsiveness and effectiveness of Department of State international narcotics assistance activities have been hampered due, in part, to the lack of law enforcement expertise by responsible Department of State personnel. Requires the Director of National Drug Control Policy to report to the appropriate congressional committees on: (1) the responsiveness and effectiveness of such activities; and (2) the feasibility costs and steps needed to achieve a transfer of the Department of State's Bureau of International Narcotics and Law Enforcement Affairs to the DEA. Authorizes appropriations. Title III: Enhanced Alternative Crop Development Support in Source Zone - Authorizes appropriations for FY 1999 through 2001 for the U.S. Agency for International Development (AID) for certain alternative crop development programs in Colombia, Peru, and Bolivia. Title IV: Enhanced International Law Enforcement Training - Authorizes appropriations for FY 1999 through 2001 for the Department of Justice for the establishment and operation of international law enforcement academies to carry out law enforcement training activities in Latin America and the Caribbean, Thailand, and South Africa. (Sec. 401) Authorizes appropriations for FY 1999 through 2001 for the DOT and the Department of the Treasury for the joint establishment, operation, and maintenance in San Juan, Puerto Rico, of a center for training law enforcement personnel of countries located in Latin America and the Caribbean in matters relating to maritime law enforcement (including customs-related ports management matters). Authorizes appropriations for FY 1999 through 2001 for the DOT for the establishment, operation, and maintenance of maritime training vessels. (Sec. 402) Authorizes appropriations for FY 1999 through 2001 for the Department of Justice for: (1) substantial exchanges for Mexican judges, prosecutors, and police; and (2) enhanced support for the Brazilian Federal Police Training Center. Authorizes appropriations for FY 1999 through 2001 for the DOD for operation and maintenance, Defense-wide, for locating and operating Coast Guard and Navy assets so as to strengthen the capability of the Coast Guard of Panama to patrol the Atlantic and Pacific coasts for drug enforcement and interdiction activities. Makes members of the national police of Panama eligible to receive training through the International Military Education Training (IMET) program. Authorizes appropriations for FY 1999 through 2001 for the DOD for operation and maintenance, Defense-wide, for support for the Venezuelan Joint National Guard and Judicial Technical Police Counterdrug Intelligence Center. Authorizes appropriations for FY 1999 through 2001 for the DOT and the Department of the Treasury for the buildup of local coast guard and port control in: (1) Guayaquil and Esmeraldas, Ecuador; (2) Haiti and the Dominican Republic; and (3) Belize, Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua (Central America). (Sec. 403) Authorizes the DEA Administrator to transfer or lease a specified amount of nonlethal equipment to foreign law enforcement organizations for the purpose of establishing and carrying out cooperative illicit narcotics control activities. Title V: Enhanced Drug Transit and Source Zone Law Enforcement Operations and Equipment - Authorizes appropriations for FY 1999 through 2001 for the DEA, the DOT, the DOD, and the Department of the Treasury for enhancement of counternarcotics operations in drug transit and source countries. (Sec. 501) Authorizes appropriations for FY 1999 through 2001 for the Department of State for the deployment of commercial unclassified intelligence and imaging data and a Passive Coherent Location System for counternarcotics and interdiction purposes in the Western Hemisphere. (Sec. 502) Expresses the sense of the Congress that the Secretary of Defense should revise the DOD's Global Military Force Policy in order to: (1) treat the international drug interdiction and counter- drug activities of the DOD as a military operation other than war (thus elevating its priority to just below that for war); and (2) allocate DOD assets to drug interdiction and counter-drug activities in accordance with such priority. Title VI: Relationship to Other Laws - Declares that funds authorized to be appropriated for any Federal department or agency for FY 1999 through 2001 are in addition to funds authorized to be appropriated for that department or agency for those fiscal years by any other provision of law.
United States · United States Congress · 22 July 1998
Expresses the sense of the Congress that: (1) Taiwan should be represented in the World Health Organization; and (2) it should be U.S. policy to support Taiwan's representation in the Organization.
United States · United States Congress · 21 July 1998
Expresses the sense of the Congress that the United States should: (1) publicly declare that it considers that there is reason to believe that Slobodan Milosevic, President of the Federal Republic of Yugoslavia, has committed war crimes, crimes against humanity, and genocide; (2) make collection of information that can be supplied to the International Criminal Tribunal for the former Yugoslavia for use as evidence to support his indictment and trial a high priority; (3) provide a fair share of any additional financial or personnel resources that may be required by the Tribunal for the adjudication of Milosevic and others arising from the conflict in the former Yugoslavia; (4) engage in a discussion with other members of the North Atlantic Treaty Organization and interested states of information any such state may hold regarding such matters and of measures to be taken to apprehend persons indicted for war crimes and crimes against humanity; and (5) urge the Tribunal to promptly review all information relating to Milosevic's possible criminal culpability, with a view toward prompt issuance of a public indictment.
United States · United States Congress · 17 July 1998
Fairness in Securities Transactions Act - Amends the Securities Exchange Act of 1934 to reduce by half ( from one three-hundredth of one percent to one six-hundredth of one percent) the transaction fees designed to recover the costs to the Government of securities markets oversight and enforcement.
United States · United States Congress · 17 July 1998
Declares that the Congress affirms: (1) its longstanding commitment to Taiwan in accordance with the Taiwan Relations Act; (2) its expectation that the future status of Taiwan will be determined by peaceful means, that the people of both sides of the Taiwan Strait should determine their own future, and that it considers any effort to determine or influence Taiwan's future status by other than peaceful means a threat to the peace and security of the Western Pacific region and of grave concern to the United States; (3) its commitment to make available to Taiwan such defense articles and services, including appropriate ballistic missile defenses, as may be necessary to enable Taiwan to maintain a sufficient self-defense capability; (4) that only the President and Congress shall determine the nature and quantity of defense articles and services needed by Taiwan; and (5) its strong support of appropriate membership for Taiwan in international financial institutions and other international organizations. Urges the President to seek a public renunciation by the People's Republic of China of any use of force, or threat to use force, against the free people of Taiwan.
United States · United States Congress · 16 July 1998
TABLE OF CONTENTS: Title I: Amendments to the Employee Retirement Income Security Act of 1974 Subtitle A: Patient Protections Subtitle B: Patient Access to Information Subtitle C: New Procedures and Access to Courts for Grievances Arising under Group Health Plans Subtitle D: Affordable Health Coverage for Employees of Small Businesses Title II: Amendments to Public Health Service Act Subtitle A: Patient Protections and Point of Service Coverage Requirements Subtitle B: Patient Access to Information Subtitle C: HealthMarts Subtitle D: Community Health Organizations Title III: Amendments to the Internal Revenue Code of 1986 Subtitle A: Patient Protections Subtitle B: Patient Access to Information Subtitle C: Medical Savings Accounts Title IV: Health Care Lawsuit Reform Subtitle A: General Provisions Subtitle B: Uniform Standards for Health Care Liability Actions Title V: Confidentiality of Health Information Title VI: Medical Savings Accounts for Federal Employees Patient Protection Act of 1998 - Title I: Amendments to the Employee Retirement Income Security Act of 1974 - Subtitle A: Patient Protections - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to prohibit a group health plan, or a health insurance issuer offering group coverage, from imposing on a health professional any prohibition on advice provided to a participant or beneficiary. Requires a plan or issuer, if it provides benefits for: (1) emergencies, to provide benefits (without preauthorization) for emergency medical screening examinations if a prudent layperson would determine them necessary; (2) routine gynecological or obstetric specialist care, to provide those benefits without authorization or referral by a primary care provider; or (3) routine pediatric specialist care, to allow designation of a pediatric specialist as the primary provider. Subtitle B: Patient Access to Information - Requires plans to include specified information in summary plan descriptions. Mandates advance notice of exclusion from a drug formulary of a drug or biological that is used in the treatment of a chronic illness or disease. Subtitle C: New Procedures and Access to Courts for Grievance Arising Under Group Health Plans - Requires group health plans to: (1) provide written notice to participants or beneficiaries and providers of adverse coverage decisions; and (2) meet specified time limits for responding to routine, urgent, and emergency benefit payment requests, coverage advance determinations, and medical necessity determinations. Provides for initial coverage decision internal and, in certain circumstances, external review. Makes a plan's fiduciary who, after an external review recommends coverage, causes a failure to provide a benefit liable to the participant or beneficiary for a civil penalty and attorney's fees and costs. Allows assessment of a civil penalty against a fiduciary for any pattern or practice of repeated adverse coverage decisions in violation of the terms of the plan or ERISA. Allows an action before exhaustion of administrative remedies. Provides for concurrent Federal-State court jurisdiction for actions relating to certain amendments made by this Act. Subtitle D: Affordable Health Coverage for Employees of Small Businesses - Small Business Affordable Health Coverage Act of 1998 - Defines "association health plan" to mean a group health plan meeting specified requirements, including being sponsored by a trade, industry, or professional association, a chamber of commerce (or a similar business association) organized and maintained for substantial purposes other than obtaining or providing medical care. Provides for association plan certification and mandates a class certification procedure. Regulates association plans' boards of trustees and sponsors. Prohibits, for plans in existence on the date of enactment of this Act, a sponsor's affiliated members from being offered coverage unless the member: (1) was affiliated on the certification date; or (2) did not maintain or contribute to a group health plan during the 12 months before the offering of coverage. Prohibits a participating employer from providing health coverage in the individual market for any employee who is eligible for plan coverage if the exclusion from plan coverage is based on health status. Prohibits excluding an employer from an association plan if the employer and plan each meet specified requirements. Prohibits contribution rates for any participating small employers from varying on the basis of claims experience or type of business. Requires, if any plan benefit option does not consist of health coverage, that the plan have at least 1,000 participants and beneficiaries. Requires, if a benefit option consisting of health coverage is offered under the plan, that State-licensed insurance agents be used to distribute to small employers coverage that is not health coverage in a manner comparable to the manner in which those agents are used to distribute health coverage. Requires that a plan consist only of health coverage or, if the plan provides any additional benefit options, that the plan meet certain reserve and excess stop loss insurance and solvency indemnification requirements regarding the additional benefit options for which risk has not yet been transferred. Requires that all plans maintain a specified surplus. Requires association plans providing additional options to make annual payments to the Association Health Plan Fund. Requires that, when there is or will be a failure to maintain such reserves, excess stop loss insurance, and indemnification, the Secretary of Labor pay amounts as necessary to maintain the excess stop loss insurance or indemnification. Establishes the Fund. Mandates advance notice to participants and beneficiaries of certified plan termination. Requires, when a plan has failed or will fail to maintain required reserves, excess stop loss insurance, and indemnification, either corrective action or plan termination. Provides for court appointment of the Secretary as trustee to administer a plan during insolvency. Allows a State to impose a contribution tax on an association plan providing additional options if the plan began operations in the State after enactment of this Act. Sets forth special rules for church plans. Declares that the provisions of this subtitle supersede certain related State laws. (Sec. 1303) Modifies the circumstances in which two or more trades or businesses must be deemed a single employer. (Sec. 1304) Excludes from the definition of "multiple employer welfare arrangement" any arrangement: (1) established or maintained under specified Federal (or similar State) labor relations provisions; or (2) meeting certain collective bargaining and other requirements. (Sec. 1305) Imposes criminal penalties for falsely representing any benefit as: (1) being a certified association plan; or (2) having been established or maintained under certain collective bargaining agreements. (Sec. 1306) Allows a State to enter into an agreement with the Secretary for delegation to the State of some or all of the Secretary's enforcement or certification authority. Title II: Amendments to Public Health Service Act - Subtitle A: Patient Protections and Point of Service Coverage Requirements - Amends the Public Health Service Act to prohibit a group health plan, or a health insurance issuer offering group coverage, from imposing on a health professional any prohibition on advice provided to a participant or beneficiary. Requires a plan or issuer, if it provides benefits for: (1) emergencies, to provide benefits (without preauthorization) for emergency medical screening examinations if a prudent layperson would determine them necessary; (2) routine gynecological or obstetric specialist care benefits, to provide those benefits without an authorization or referral by a primary provider; or (3) routine pediatric specialist benefits, to allow designation of a pediatric specialist as the primary provider. (Sec. 2002) Requires health maintenance organizations (HMOs) that provide coverage under a group health plan only if services are furnished exclusively through members of a closed panel to make available to the plan sponsor an option covering services without regard to whether the providers are panel members. Requires HMOs, when a plan sponsor declines that option, to make optional supplemental coverage available in the individual market to each plan participant. Subtitle B: Patient Access to Information - Requires plans to include specified information in summary plan descriptions. Mandates advance notice of exclusion from a drug formulary of a drug or biological that is used in the treatment of a chronic illness or disease. (Sec. 2102) Requires the General Accounting Office to report to a specified congressional committee on the compliance of: (1) the Department of Justice and all U.S. Attorneys with a specified guideline relating to false claims and civil health care; and (2) the Office of the Inspector General of the Department of Health and Human Services with specified protocols and best practice guidelines. Subtitle C: HealthMarts - Health Care Consumer Empowerment Act of 1998 - Requires that HealthMarts: (1) be nonprofit legal entities composed of small employers, employees of small employers, health care providers, and entities that underwrite or administer health benefits coverage; and (2) make available health coverage to all small employers and eligible employees at rates established by the insurance issuer on a policy or product specific basis. Deems HealthMarts group health plans for purposes of specified provisions of ERISA and the Internal Revenue Code. Requires that coverage made available to an eligible employee in a geographic area be offered to all eligible employees in the same area. Declares that the HealthMart: (1) provides coverage only through contracts with issuers and does not assume insurance risk; (2) provides administrative services for purchasers; and (3) collects and disseminates consumer information on all coverage options offered through the Healthmart. Requires that HealthMart coverage provide full portability of creditable coverage for individuals who remain members of the same HealthMart notwithstanding that they change employers. Allows HealthMart coverage to include coverage: (1) through an HMO, a preferred provider or licensed provider-sponsored organization, an insurance company, a medical savings or flexible spending account, or a community health organization; (2) that includes a point-of- service option; or (3) any combination of those coverages. Requires a HealthMart to permit any small employer to contract for coverage and prohibits varying eligibility conditions. Prohibits the purchaser from obtaining or sponsoring coverage other than through the HealthMart. Prohibits enrollment discrimination based on health. Supersedes certain related State laws. Provides for the application of: (1) certain existing ERISA and Public Health Service Act requirements; and (2) renewability requirements when the contract between a HealthMart and an issuer is terminated. Directs the Secretary of Health and Human Services to administer this subtitle through a separate Health Care Marketplace Division. Subtitle D: Community Health Organizations - Allows a community health organization to offer health coverage in a State in spite of not being licensed in that State if the organization has received a licensure waiver from the Secretary of Health and Human Services and other requirements are met. Mandates the establishment of Federal financial solvency and capital adequacy standards. Title III: Amendments to the Internal Revenue Code of 1986 - Subtitle A: Patient Protections - Amends the Internal Revenue Code to prohibit a group health plan from imposing on a health professional any prohibition on advice provided to a participant or beneficiary. Requires a plan, if it provides benefits for: (1) emergencies, to provide benefits (without preauthorization) for emergency medical screening examinations if a prudent layperson would determine the examinations necessary; or (2) routine gynecological or obstetric specialist care, to provide those benefits without an authorization or referral by a primary provider. Requires a plan or issuer, if it provides benefits for routine pediatric specialist care, to allow designation of a pediatric specialist as the primary provider. Subtitle B: Patient Access to Information - Requires plans to include specified information in summary plan descriptions. Mandates advance notice of exclusion from a drug formulary of a drug or biological that is used in the treatment of a chronic illness or disease. (Sec. 3102) Requires the General Accounting Office to report to specified congressional committees on the compliance of: (1) the Department of Justice and all U.S. Attorneys with a specified guideline relating to false claims and civil health care; and (2) the Office of the Inspector General of the Department of Health and Human Services with specified protocols and best practice guidelines. Subtitle C: Medical Savings Accounts - Repeals provisions limiting the number of individuals having medical savings accounts. Allows all employers to offer the accounts. Modifies requirements regarding: (1) the monthly limitation on related deductions; (2) coordination with the exclusion for employer contributions; and (3) the deductible amounts that will qualify as a high deductible plan. Allows the accounts to be included in cafeteria plans. Sets forth special rules for individuals receiving immediate Federal annuities. (Sec. 3202) Allows medical savings accounts to be used by persons with incomes under a certain amount to pay for insurance offered by a community health center. Title IV: Health Care Lawsuit Reform - Subtitle A: General Provisions - Declares that this title applies to any health care liability action in any State or Federal court, except actions: (1) relating to vaccine-related injury to which title XXI (Vaccines) of the Public Health Service Act applies; or (2) under the Employee Retirement Income Security Act of 1974 (ERISA). Preempts State laws inconsistent with this title, but not that impose greater restrictions than those in this title. Excludes economic or punitive damages and attorneys' fees or costs from the determination of the amount in controversy. Subtitle B: Uniform Standards for Health Care Liability Actions - Establishes a statute of limitations for bringing a health care liability action. (Sec. 4012) Limits non-economic damages. Substitutes any different level set by a State after enactment of this Act. Makes defendants liable only for the proportion of the damages due to the defendant's fault. Allows punitive damages, to the extent permitted by State law, if the claimant establishes by clear and convincing evidence that the defendant's conduct intended to cause harm or manifested a conscious, flagrant indifference to the rights or safety of others. Prohibits punitive damages against a manufacturer or product seller of a drug or medical device where the drug or device was subject to Food and Drug Administration (FDA) premarket approval or the drug is generally recognized as safe and effective by the FDA. Prohibits punitive damages relating to packaging or labeling of a drug that is required to have tamper-resistant packaging unless the packaging or labeling is found by clear and convincing evidence to be substantially out of compliance. Prohibits requiring lump-sum payment of future economic and non-economic damages over $50,000. Allows any defendant to introduce evidence of collateral source payments. Prohibits any collateral source payments provider from recovering any amount against the claimant, receiving any lien or credit against the recovery, or being subrogated to the claimant's rights. (Sec. 4013) Requires any alternative dispute resolution used to resolve a health care liability action or claim to contain provisions consistent with this title. Title V: Confidentiality of Health Information - Amends title XI of the Social Security Act to require health care providers, health plans, employers, health or life insurers, or educational institutions to permit an individual who is the subject of protected health information to inspect and copy the information. Requires, if the individual requests addition of a supplemental statement to the information, that those parties: (1) add the statement and make reasonable efforts to inform any person to whom the information was disclosed during the preceding year; or (2) if addition of the statement is refused, allow the individual to file a statement of disagreement. Requires health care providers, health plans, health oversight agencies, public health authorities, employers, health or life insurers, health researchers, or educational institutions to maintain safeguards to ensure the confidentiality, security, accuracy, and integrity of protected health information. Requires any person who maintains protected health information to disclose the information to a health care provider or health plan to permit the provider or plan to conduct health care operations. Preempts State law provisions that: (1) are inconsistent with certain provisions of this title under Article VI (dealing with national supremacy, among other matters) of the Constitution; or (2) relate to specified matters dealt with in this title. Imposes civil fines for substantially and materially failing to comply with the above provisions of this title. Amends title XVIII (Medicare) of the Social Security Act to authorize the Secretary of Health and Human Services to refuse to enter into, terminate, or refuse to renew an agreement with a physician or supplier that has violated the above provisions of this title. Requires compliance with certain provisions of this title by Medicare+Choice organizations, Medicare providers, and HMOs with risk- sharing contracts. (Sec. 5002) Requires the Comptroller General to report to the Congress on the effect of State laws on health-related research subject to review by an institutional review board or institutional review committee with regard to the protection of human subjects. (Sec. 5003) Requires the Comptroller General to submit to the Congress a compilation of State laws on the confidentiality of protected health information and an analysis of the effect of those laws on the provision of, and securing payment for, health care. (Sec. 5004) Exempts information developed by a health care provider in response to a serious, adverse, patient-related event and for specified purposes (health care response information) from any disclosure requirement, in connection with a civil or administrative proceeding under Federal or State law, to the same extent as information developed by the provider regarding peer review, utilization review, quality management or improvement, quality control, risk management, or internal review to reduce mortality, morbidity, or patient care or safety. Prohibits deeming the protection of health care response information from disclosure modified by the development of such information in connection with a request or requirement of an accrediting body or the transfer of that information to an accrediting body. Title VI: Medical Savings Accounts for Federal Employees - Amends Federal law relating to Federal employees' health insurance to entitle an employee or annuitant enrolled in a high deductible health plan to have a Government contribution made to the employee's or annuitant's medical savings account, subject to exceptions and limitations. Requires that, at the employee's or annuitant's request, an amount specified by the employee or annuitant be withheld from their pay or annuity and contributed to their medical savings account. Requires the Office of Management and Budget (OMB) to contract for a high deductible health plan with any qualified carrier that offers such a plan and offers a plan under provisions relating to Federal employees' health insurance. Allows OMB to contract for a high deductible plan with any qualified carrier that offers such a plan but does not offer a plan under those provisions.
United States · United States Congress · 16 July 1998
No Second Chances for Murderers, Rapists, or Child Molesters Act of 1998 - Expresses the sense of the Congress that any individual convicted of: (1) murder should receive the death penalty or be imprisoned for life without the possibility of parole; and (2) rape or a dangerous sexual offense involving a child under age 14 should be imprisoned for life without the possibility of parole. Requires the Attorney General to transfer the following amounts from Federal law enforcement assistance funds for a State that convicted a person of a first offense of murder, rape, or a dangerous sexual offense to a State that convicts that person for a subsequent such offense: (1) up to $100,000 for transfer to each victim of the subsequent offense; and (2) the cost of incarceration, prosecution, and apprehension of such person. Sets forth provisions regarding situations where a person has a prior conviction in more than one State. Requires the United States Sentencing Commission to amend the Federal sentencing guidelines to provide that whoever is guilty of: (1) murder shall be punished by death or by life imprisonment; and (2) rape or a dangerous sexual offense shall be punished by life imprisonment. Directs the Attorney General to collect and distribute data to the President, Members of Congress, State governments, and officials of localities and penal and other institutions participating in the Uniform Crime Reports program which includes: (1) the number of murders, rapes, and dangerous sexual offenses committed by persons previously convicted of one of these offenses; and (2) the percentage of cases in which a person convicted of murder, rape, or a dangerous sexual offense in one State commits a second offense in another State.
United States · United States Congress · 16 July 1998
Y2K Liability and Antitrust Reform Act - Provides that an action resulting from a computer date failure which is brought in Federal or State court shall be deemed to be based solely in contract and shall only allow recovery for consequential business loss and costs of repair or replacement resulting from the failure if the plaintiff has not suffered any personal injury, excluding emotional harm, as a result and the defendant is: (1) a person who is engaged in commerce to design, develop, or manufacture a computer system, program, software, or component, has given specified notice to buyers, has made available at no charge repair or replacement of hardware and software for products sold after December 31, 1994, and has made available to the buyer a repair or replacement for a computer program or software or hardware that was introduced for sale before January 1, 1995; or (2) any other person who has made reasonable efforts to protect its system, program, or software from computer date failure, has conducted reasonable tests to prevent a computer date failure by July 1, 1999, and has notified its customers and the President's Council on the Year 2000 Conversion by August 1, 1999, of efforts to avoid such failure. (Sec. 3) Makes the antitrust laws inapplicable to conduct engaged in between the enactment date of this Act and December 31, 2001, solely for the purpose of establishing responses designed to mitigate the impact of computer date failure in a computer system, with an exception for conduct that results in a boycott.
United States · United States Congress · 16 July 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 policy of the supervising Member regarding the illegal use of controlled substance; (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 publicly disclose the identity of any Member who refuses to provide a sample for testing under the program and to take such other action as it considers appropriate against such a Member. Bars an individual who is an officer or employee of the House as of August 1, 1998, from continuing to serve after the expiration of the 180-day period which begins on the adoption of this resolution unless during such period the individual executes a witnessed statement agreeing to participate in random employee drug testing. Prohibits an individual who is first given an offer of employment by the House on or after August 1, 1998, from being hired unless: (1) the individual executes a witnessed statement agreeing to participate in the random drug testing program if hired; (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 · 16 July 1998
Declares that the Congress affirms: (1) its longstanding commitment to Taiwan in accordance with the Taiwan Relations Act; (2) its expectation that the future of Taiwan will be determined by peaceful means and that it considers any effort to determine Taiwan's future by other than peaceful means a threat to the peace and security of the Western Pacific and of grave concern to the United States; (3) its commitment to make available to Taiwan such defense articles and services as may be necessary to enable Taiwan to maintain a sufficient self-defense capability; and (4) its commitment that only the President and Congress shall determine the nature and quantity of defense articles and services needed by Taiwan. Urges the President to seek a public renunciation by the People's Republic of China of any use of force, or threat to use force, against democratic Taiwan.
United States · United States Congress · 14 July 1998
Savings and Investment Relief Act of 1998 - Amends the Securities Exchange Act of 1934 with respect to transaction fees for both exchange-traded and exchange-regulated securities and off-exchange trades of last-sale-reported securities. Directs the Securities and Exchange Commission (SEC) to prescribe annually a fiscal year fee limitation based upon the pro rata share of the aggregate dollar amount of securities sales, so that total fee payments will not exceed specified limits. Requires each national securities exchange and national securities association to adopt implementing rules which provide fee reductions for all market participants. Directs the SEC to report annually to the Congress on the total amount of transaction fees collected by each national securities exchange and national securities association. Authorizes future appropriations Acts to increase such fee limitations in any year in which the total fees collected are insufficient for SEC budget authority provided under such Acts.
United States · United States Congress · 25 June 1998
State Electric and Consumer Empowerment Act of 1998 - Amends the Public Utility Regulatory Policies Act of 1978 to declare that each State regulatory authority may: (1) ensure that rates charged by qualifying small power producers and qualifying cogenerators are just and reasonable and do not exceed the incremental cost at the time of delivery to the purchasing utility of alternative electric energy and capacity; (2) establish programs for monitoring the performance of in-State cogeneration and small power production facilities to determine whether they meet Federal Energy Regulatory Commission (FERC) standards for qualifying facilities; and (3) require that any pre-existing contracts be amended to conform to the requirements of this Act. Declares that nothing in such Act or any other law shall prohibit a State or FERC from ensuring that all costs associated with electric energy purchases from qualifying cogenerators or small power producers are recovered by the purchaser.
United States · United States Congress · 25 June 1998
Amends the Congressional Budget and Impoundment Control Act of 1974 to replace provisions regarding the rescission of budget authority with those authorizing the President to propose the rescission of any budget authority provided in an appropriation Act or repeal of any targeted tax benefit provided in any revenue Act. Authorizes the President to transmit a draft bill to the Congress with such a proposal that clearly identifies the budget authority proposed to be rescinded or the targeted tax benefit to be repealed. Includes within such bill a Deficit Reduction Account. Permits the President to place in the Account an amount not to exceed total rescissions in the bill. Establishes expedited procedures in the Senate and the House of Representatives for consideration of such bill. Makes any amount of budget authority proposed to be rescinded available for obligation on the day after the date either House rejects such bill. Deems any targeted tax benefit proposed for repeal to be repealed unless either House rejects such bill during a prescribed time frame.
United States · United States Congress · 25 June 1998
Identity Theft and Assumption Deterrence Act of 1998 - Amends the Federal criminal code to make it unlawful for anyone, knowingly and unlawfully, to: (1) obtain, possess, or transfer five or more means of identification; or (2) use one or more means of identification. Defines "means of identification" as any name or number that may be used to assume the identity of another. Prescribes criminal penalties for first and subsequent offenses involving fraud and related activity in connection with identification documents (identity fraud), including for such offenses committed in connection with other specified crimes. Subjects to the same penalties any person who attempts or conspires to commit such an offense. Provides for mandatory restitution for identity fraud victims which may include payment for any costs, including attorney's fees, incurred: (1) in clearing a credit history or rating; or (2) in connection with any civil or administrative proceeding to satisfy any debt, lien, or other obligation arising as a result of the defendant's actions. Directs the United States Sentencing Commission to review and amend the Federal sentencing guidelines to provide an appropriate penalty for such offenses, taking into account specified factors. Directs the Federal Trade Commission to establish procedures to: (1) log and acknowledge the receipt of complaints by individuals having reason to believe that one or more of their means of identification have been assumed, stolen, or otherwise unlawfully acquired; (2) provide informational materials to such individuals; and (3) refer such complaints to the appropriate entities, including national consumer reporting agencies and law enforcement agencies.
United States · United States Congress · 23 June 1998
Savings and Investment Relief Act of 1998 - Amends the Securities Exchange Act of 1934 with respect to transaction fees for both exchange-traded and exchange-regulated securities and off-exchange trades of last-sale-reported securities. Directs the Securities and Exchange Commission (SEC) to prescribe annually a fiscal year fee limitation based upon the pro rata share of the aggregate dollar amount of securities sales, so that total fee payments will not exceed specified limits. Requires each national securities exchange and national securities association to adopt implementing rules which provide fee reductions for all market participants. Directs the SEC to report annually to the Congress on the total amount of transaction fees collected by each national securities exchange and national securities association. Authorizes future appropriations Acts to increase such fee limitations in any year in which the total fees collected are insufficient for SEC budget authority provided under such Acts.
United States · United States Congress · 22 June 1998
Sets forth the rule (open) for the consideration of H.R. 4101 (Agriculture, Rural Development, Food and Drug Administration, and Related Agencies program appropriations).
United States · United States Congress · 17 June 1998
Sets forth the rule (closed) for the consideration of H. Res. 463 (establishing the Select Committee on U.S. National Security and Military Commercial Concerns With the People's Republic of China).
United States · United States Congress · 16 June 1998
E-Rate Tax Moratorium Act of 1998 - Directs the Federal Communications Commission (FCC) to suspend specified requirements under the Communications Act of 1934 (CA) for telecommunications carriers to contribute to support mechanisms to provide Internet services to schools, libraries, and certain health care providers. Prohibits any telecommunications carrier from including any charges for such contributions in any telephone service bill transmitted after 60 days after this Act's enactment. Prohibits requiring any telecommunications carrier to provide discounted rates for telecommunications services pursuant to such CA requirements, except to the extent such carrier is reimbursed from collections permitted to be distributed under this Act. Authorizes the FCC, or an FCC-designated administering entity, to distribute amounts collected before this Act's enactment (or collected as charges for contributions during the authorized period), to provide such Internet services to schools, libraries, and health care providers under CA and FCC regulations in effect before this Act's enactment.
United States · United States Congress · 11 June 1998
Drugs and Informed Consent Armed Forces Protection Act of 1998 - Amends the Federal Food, Drug, and Cosmetic Act to provide that if the Secretary of Defense submits to the Secretary of Health and Human Services (HHS) a request to waive the requirement of prior informed consent with respect to the administration of a drug to members of the armed forces for investigational use, then any determination by the Secretary of Defense that obtaining such consent is not feasible or is contrary to the best interests of the members involved shall not be effective unless the President provides to the HHS Secretary a written statement concurring in that determination.
United States · United States Congress · 11 June 1998
Bosnia Force Realignment Act - Prohibits the use of any funds appropriated or otherwise available to the Department of Defense (DOD) for FY 1999 or any subsequent fiscal year for the deployment of any U.S. ground combat forces in the Republic of Bosnia and Herzegovina after June 30, 1999. Provides exceptions to such prohibition to the extent necessary to support: (1) a limited number of U.S. military personnel sufficient only to protect U.S. diplomatic facilities; or (2) non-combat military personnel sufficient only to advise the commanders of the North American Treaty Organization (NATO) peacekeeping operations there. Prohibits DOD funds from being used after June 30, 1999, for: (1) the conduct of, or support for, any law enforcement activities in the Republic of Bosnia and Herzegovina, except for the training of law enforcement personnel or to prevent imminent loss of life; (2) any activity that may jeopardize the primary mission of the NATO-led force in preventing armed conflict there; (3) the transfer of refugees within the Republic of Bosnia and Herzegovina that has a purpose of acquiring control by one Bosnian Entity of territory allocated to another or that may expose U.S. armed forces to substantial risk; or (4) implementation of any decision to change the legal status of any territory within the Republic of Bosnia and Herzegovina, unless expressly agreed to by all signatories to the Dayton Peace Agreement. Requires the President to report to the Congress on the progress of the withdrawal of U.S. ground combat forces from the Republic of Bosnia and Herzegovina.
United States · United States Congress · 11 June 1998
Persian Gulf War Veterans Health Act of 1998 - Presumes to be service-connected (and therefore compensable or treatable under Federal veterans' benefits provisions) an illness that: (1) the Secretary of Veterans Affairs determines to have a positive association with a biological, chemical, or other toxic agent or environmental or wartime hazard (agent or hazard) associated with service in the southwest Asia theater of operations during the Persian Gulf War; and (2) becomes manifest in a veteran who was exposed to such agent or hazard by reason of such service. Presumes such exposure unless there is conclusive evidence otherwise. Directs the Secretary to contract with an independent scientific body to establish a panel for reviewing medical and scientific literature to identify those diseases and illnesses associated with exposure of humans or animals to specified pesticides, agents, compounds, particulates, radiation, and pollutants. Requires each disease or illness identified that becomes manifest in a Gulf veteran to be presumed to be service-connected. Authorizes appropriations. Requires the updating of presumed exposures. Enumerates the pesticides, agents, compounds, particulates, radiation, and pollutants to which Gulf veterans shall be presumed to have been exposed. Directs the Secretary to submit to the Congress a plan for establishing a panel to review the statistical occurrence of both diagnosed and undiagnosed illnesses and symptoms among Gulf War veterans and their families. Directs the President to submit to the Congress a plan for the establishment of a permanent expert advisory group to advise the President and the congressional defense and intelligence committees on the adequacy of current U.S. chemical, biological, and radiological defense technologies, procurement practices, and doctrine for defending U.S. forces against both the immediate and chronic consequences of acute and subacute exposures to chemical, biological, radiological, or other genotoxic battlefield materials.
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 · 9 June 1998
Religious Liberty Protection Act of 1998 - Prohibits a State (or any person acting under color of State law) from placing a substantial burden upon a person's religious exercise: (1) in a State-operated program or activity that receives Federal financial assistance; or (2) in or affecting international or interstate commerce. Declares that a State (or any person acting under color of State law) may substantially burden a person's religious exercise if such burden is: (1) in furtherance of a compelling governmental interest; and (2) the least restrictive means of furthering that compelling governmental interest. Declares that nothing in this Act shall be construed to authorize the United States to deny or withhold Federal financial assistance as a remedy for a violation of this Act. (Sec. 3) Places upon a State the burden of persuasion on all issues relating to an alleged violation supported by prima facie evidence of the Free Exercise Clause. Prohibits a State from imposing a land use regulation that: (1) substantially burdens religious exercise; (2) denies religious assemblies a reasonable location; or (3) excludes religious assemblies from areas in which nonreligious assemblies are permitted. Declares that this Act does not preempt State law that is equally or more protective of religious exercise. (Sec. 4) Subjects both a State and the Federal Government to liability for a violation of the Free Exercise Clause, including a civil action for money damages. (Sec. 5) Emphasizes that this Act does not: (1) authorize a State to burden any religious belief; (2) create any basis for the regulation of religious exercise or for claims against a religious organization not acting under color of law; (3) create or preclude a right of any religious organization to receive State funding or assistance; (4) authorize State regulation of the activities or policies of a person other than a government as a condition of receiving funding or other assistance; or (5) restrict any authority that may exist under other law to so regulate or affect, except as provided in this Act. (Sec. 6) Declares that nothing in this Act shall be construed to affect, interpret, or in any way address the Establishment Clause of the Constitution (prohibiting laws respecting an establishment of religion). (Sec. 7) Amends the Religious Freedom Restoration Act of 1993 to repeal its applicability to the States and to make it applicable only to the Federal Government, the District of Columbia, Puerto Rico, and U.S. territories and possessions. Redefines exercise of religion to mean an act or refusal to act that is substantially motivated by a religious belief, whether or not the act or refusal is compulsory or central to a larger system of religious belief.
United States · United States Congress · 9 June 1998
Establishes the Select Committee on U.S. National Security and Military-Commercial Concerns With the People's Republic of China. (Sec. 2) Requires the Committee to conduct a full and complete inquiry regarding the following matters and report such findings and recommendations, including those concerning the amendment of existing law or the enactment of new law, to the House of Representatives as it considers appropriate: (1) the transfer of technology, information, advice, goods, or services that may have contributed to the enhancement of the accuracy, reliability, or capability of nuclear- armed intercontinental ballistic missiles or other weapons of the People's Republic of China (PRC), or that may have contributed to the enhancement of the PRC's domestic or foreign intelligence capabilities, or that may have contributed to the manufacture of weapons of mass destruction, missiles, or other weapons or armaments by the PRC; (2) the effect of any transfer or enhancement referred to in this Act on regional security and the national security of the United States, its friends, and its allies; (3) the conduct of the executive branch of the United States Government with respect to such transfers or enhancements and the effect of that conduct on U.S. national security, its friends, and its allies; (4) the conduct of defense contractors, weapons manufacturers, satellite manufacturers, and other private or government-owned commercial firms with respect to the transfers or enhancements; (5) the enforcement of Federal law, including statutes, regulations, or executive orders, with respect to such transfers or enhancements; (6) any effort by the PRC Government or any other person or entity to influence any of the foregoing matters through political contributions, bribery, influence-peddling, or otherwise; (7) decision-making within the executive branch of the United States Government with respect to any of the foregoing matter; (8) efforts to conceal or withhold information or documents relevant to any of the foregoing matters or to otherwise obstruct justice, or to obstruct the work of the Select Committee or any other congressional committee in connection with those matters; and (9) all matters relating directly or indirectly to any of the foregoing matters. Allows, in the Select Committee's discretion, reports to the House to be made in secret sessions pursuant to rule XXIX of the Rules of the House. (Sec. 5) Prohibits an employee of the Select Committee or any person engaged by contract or otherwise to perform services for or at the request of the Committee from being given access to any classified information by the Committee unless the individual has: (1) agreed in writing and under oath to be bound by the rules of the House (including the jurisdiction of the Committee on Standards of Official Conduct and the Select Committee as to the security of such information during and after the period of his or her employment or contractual agreement with the Select Committee); and (2) received an appropriate security clearance as determined by the Select Committee in consultation with the Director of Central Intelligence. (Sec. 6) Specifies provisions regarding: (1) limits on disclosure of information in the Select Committee's possession; (2) procedures for handling such information; (3) the transfer of information to the Select Committee from other House committees; and (4) means by which the Select Committee gathers information. (Sec. 10) Authorizes the Select Committee to inspect and receive for the tax years 1991 through 1998 any tax return, return information, or other tax-related material, held by the Secretary of the Treasury, related to individuals and entities named by the Select Committee as possible participants, beneficiaries, or intermediaries in the transactions under investigation.
United States · United States Congress · 9 June 1998
Expresses the sense of the Congress that: (1) undercover law enforcement investigations, including sting operations, are necessary to counter increasingly sophisticated money laundering schemes that involve financial institutions in this country and other countries, including Mexico; and (2) the United States should not agree to extradite to Mexico U.S. law enforcement agents involved in Operation Casablanca for actions taken within the scope of such Operation.
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
TABLE OF CONTENTS: Title I: Food and Drug Administration Fees Part A: User Fees Part B: General Provisions Title II: Medicare Administrative Fees Title III: Miscellaneous User Fees User Fee Act of 1998 - Title I: Food and Drug Administration Fees - Part A: User Fees - Directs the Secretary of Health and Human Services to establish fees to cover activities of the Food and Drug Administration (FDA) in connection with: (1) petitions and notifications for food additives, food contact substances, and color additives; (2) applications for approval of generic drugs; (3) applications for approval of animal drugs; (4) applications for approval of medical devices; (5) the review of import inspections and export certificates for drugs, devices, and food subject to regulation under the Federal Food, Drug, and Cosmetic Act; and (6) regulating entities subject to FDA oversight. Part B: General Provisions - Set forth provisions concerning, among other things: (1) fee amounts and availability; (2) assessment, publication, and reduction or waiver of fees; and (3) with respect to such fees, the FDA agency plan and reporting requirements. Title II: Medicare Administrative Fees - Amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act (SSA) to direct the Secretary to impose, to the extent provided in appropriations Acts, fees for initial Medicare+Choice contracts and annual fees for renewal of such contracts and monitoring of the ongoing operations of Medicare+Choice organizations. (Sec. 201) Directs the Secretary to establish fee amounts annually, which shall not exceed reasonably estimated costs. Allows the Secretary to provide for reduction or waiver of such fees in exceptional circumstances in the public interest. Requires such fees to be credited to the Health Care Financing Administration Program Management Account. (Sec. 202) Amends SSA title XVIII part D (Miscellaneous Provisions) to repeal the prohibition against the imposition of fees for conducting certification surveys. Requires imposition of such fees, except upon entities subject to the Clinical Laboratory Improvement Amendments of 1998. Prohibits an entity from including such a fee as an allowable item on a cost report under SSA title XVIII or XIX (Medicaid). (Sec. 203) Directs the Secretary to establish a procedure for initial and periodic renewal of registration of individuals and entities that furnish items or services for which Medicare payment may be made and that are not otherwise subject to Medicare provisions for such procedures. Requires the Secretary, to the extent provided in appropriations Acts, to impose: (1) fees for initial agreements with service providers, and initial registrations of other entities and individuals that furnish items or services for which Medicare payment may be made; and (2) annual fees to cover the costs of renewals of agreements and registrations of such individuals and entities. Sets forth fee-related assessment limitations, crediting requirements, and cost-reporting restrictions similar to those for the other fees required by this title. (Sec. 204) Outlines requirements for new mandatory fees for review, audit, and cost settlement activities under the Medicare Integrity Program, to be credited to the Health Care Fraud and Abuse Control Account. (Sec. 205) Subjects certain claims to a $1 processing fee, including claims which duplicate another claim submitted by the same individual or entity, and claims which are not submitted electronically. Allows the waiver of fees in the latter case where compelling circumstances exist. Sets forth guidelines for the collection, crediting, and availability of such fees similar to the guidelines for initial Medicare+Choice contract and renewal fees. Title III: Miscellaneous User Fees - Amends the Department of Agriculture Reorganization Act to authorize the Secretary of Agriculture to collect fees to cover costs of providing services under specified agricultural laws. (Sec. 302) Requires the Secretary of Commerce to collect fees for the provision of navigation assistance and fisheries management and enforcement services. Limits a fisheries management fee to one percent of the ex-vessel value of harvested fish with respect to which the fee is collected. (Sec. 304) Amends Federal law to increase patent fees (including maintenance fees), except fees for the filing of provisional applications for original patents. (Sec. 305) Authorizes appropriations to the International Trade Administration, to be derived from fees collected for the provision of export promotion services. (Sec. 306) Amends the Omnibus Budget Reconciliation Act of 1993 to increase claim maintenance fees to be paid by holders of unpatented mining claims, mills, or tunnel sites for FY 1999 and subsequent years. Increases and permanently extends location fees for such claims. Makes fees available for mining law administration program operations. (Sec. 307) Amends the Immigration and Nationality Act to require the Secretary of Labor, beginning in FY 2000, to impose fees for the filing of applications for labor certifications, employer attestations, or similar petitions required for programs relating to the provision to an alien of immigrant or nonimmigrant employment-based status. (Sec. 308) Directs the Secretary of Transportation to collect fees for the provision of navigation assistance services. (Sec. 309) Amends Federal law to require the Surface Transportation Board to prescribe a schedule of user fees for carriers subject to the Board's jurisdiction. (Sec. 310) Requires the Secretary of the Army to collect fees from applicants for permits for the discharge of dredged or fill material into navigable waters under the Federal Water Pollution Control Act for: (1) evaluation of permit applications; (2) preparation of environmental impact statements in connection with permit issuance; and (3) delineation of wetlands for major developments affecting wetlands. Establishes the Army Civil Works Regulatory Program Account in the Treasury into which such fees shall be deposited. Makes the Account available to the Secretary for costs incurred in administering laws pertaining to regulation of U.S. navigable waters. (Sec. 311) Establishes in the Treasury a radiological emergency preparedness fund for offsite radiological emergency planning, preparedness, and response. Requires the Director of the Federal Emergency Management Agency to collect fees from persons subject to radiological emergency preparedness regulations, to be deposited in such fund. (Sec. 312) Directs the Chairman of the National Transportation Safety Board to collect fees from air carriers to cover partial costs of aviation accident investigations. Caps such fees at $6 million per fiscal year. (Sec. 313) Amends title II (Old-Age, Survivors and Disability Insurance) of the Social Security Act to authorize fees to be assessed on persons rendering services in connection with claims for benefits where their service fees are fixed or approved by the Commissioner of Social Security or determined by a court. Authorizes appropriations for administrative expenses in carrying out such title and related laws from amounts credited to a special Treasury account from such assessments. Applies service fee provisions to title XVI (Supplemental Security Income) of the Social Security Act as well. (Sec. 314) Amends Federal law to extend provisions for railroad carrier user fees through FY 2003. (Sec. 315) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to authorize an increased maximum ad valorem rate adjustment for certain customs merchandise processing. Makes fees collected in excess of the established .21 percent ad valorem to be available for expenses incurred by the Secretary of the Treasury for the National Customs Automation Program. (Sec. 316) Amends the Federal Insecticide, Fungicide, and Rodenticide Act to authorize the Administrator of the Environmental Protection Agency to levy fees upon applicants for pesticide registration, amendments to registration, and experimental use permits to cover costs associated with application review. Provides for waivers or reductions of fees under specified circumstances. (Sec. 317) Authorizes the Administrator to assess fees from persons required to submit certain test data under the Toxic Substances Control Act without regard to dollar limitations specified in such Act. (Sec. 318) Amends the Omnibus Reconciliation Act of 1990 to extend the Nuclear Regulatory Commission's authority to assess certain user fees and annual charges through FY 2003. (Sec. 319) Amends the Federal Deposit Insurance Act (FDIA) to require the Federal Deposit Insurance Corporation to assess fees for examinations against insured depository institutions. Amends the Federal Reserve Act (FRA) to require (currently, authorize) fees to be assessed against banks examined (other than those examined by State authorities) upon order of the Board of Governors of the Federal Reserve System (Federal Reserve Board). Amends the FDIA to reduce annual regular examination fees imposed on any State depository institution under the FDIA, FRA, or the Home Owners' Loan Act to reflect that the supervision of the institution by a State bank supervisor has reduced the need for Federal supervision. Bars the imposition of such fees on institutions with assets of less than $100 million. Directs the Federal Reserve Board to report to the Congress on: (1) total costs incurred by the Board during the preceding year attributable to examinations of bank holding companies; and (2) total amounts assessed against, and paid by, such holding companies for examinations. (Sec. 319) Extends through FY 2005 National Park Service (NPS) authority under the recreational fee demonstration program. Makes such authority available for all NPS units, except that no recreational admission fee may be charged at Great Smoky Mountains National Park and Lincoln Home National Historic Site. Requires a report from the Secretary of the Interior to specified congressional committees on the program's status. (Sec. 320) Repeals the Concessions Policy Act of 1965. Directs the Secretary of the Interior to authorize, under specified conditions, private persons, corporations, or other entities to provide and operate such facilities and services as the Secretary deems necessary and appropriate in the National Park System. Authorizes the Secretary, upon request and under specified criteria, to allow such entities to provide services to park visitors through a commercial use authorization. Requires the provision of such services to have minimal impact on park resources and values and to be consistent with park purposes. Provides a two-year term limit for the provision of such services. Requires a concession contract to be awarded to the person submitting the best proposal through a competitive selection process to be established by the Secretary. Allows the award of a temporary contract to avoid interruption of services. Requires the Secretary to publish a notice of availability for a prospectus soliciting proposals for contracts for concessions at a park specifying minimum contract requirements and contract terms and conditions. Requires congressional notification of any proposed contract with anticipated annual gross receipts exceeding $5 million or of a duration of ten or more years. Prohibits the Secretary from granting a preferential right to a concessioner to: (1) renew concession contracts under this section, with exceptions; or (2) provide new or additional services at a park. Allows preferential rights of renewal to be granted for certain outfitting and guide contracts and certain contracts with annual gross receipts of under $500,000. Sets forth criteria for determining franchise fees, including fees for multiple concession contracts within a park. Requires all fees to be covered into a special Treasury account established for reallocation to National Park System units for resource management and protection, maintenance activities, interpretation, and research. Directs the Inspector General of the Department of the Interior to conduct biennial audits of concession fees. Establishes a maximum: (1) ten-year duration for a concessions contract, provided that the Secretary may award a contract for up to 20 years if determined necessary; and (2) two-year duration for a temporary contract. Requires the approval of the Secretary before a concession contract can be transferred, assigned, sold, or conveyed and sets forth conditions that preclude such conveyance. Grants possessory interest to concessioners who have commenced acquisition or construction of any structure on Federal land within a park before the enactment of this Act. Places conditions on a concessioner's rates and charges to the public. Directs the Secretary to: (1) periodically evaluate the performance of each concessioner under contract; and (2) terminate a contract if a concessioner fails, within the prescribed time, to meet minimum requirements identified in a notice of unsatisfactory performance. Grants the Comptroller General, until the expiration of five calendar years after the close of the business year for each concessioner, access to and the right to examine any pertinent books, documents, papers, and records of the concessioner related to contracts. Exempts contracts awarded by the Secretary under this section from certain provisions of Federal law relating to the leasing of U.S. buildings and properties. Authorizes appropriations. (Sec. 321) Amends Federal law to authorize the use of the Airport and Airway Trust Fund for costs incurred by the Federal Aviation Administration (FAA) after FY 1999. Requires fees to be assessed for FAA services obtained outside the United States.
United States · United States Congress · 22 May 1998
Waives points of order against the consideration of the conference report on S. 1150 (agricultural research programs), except for those: (1) arising under rule XXVIII (prohibiting consideration of matter which extends beyond the scope of the conference report) of the Rules of the House of Representatives and predicated on subtitle A of title V of the report (providing funds for food stamps for certain noncitizens); and (2) arising under provisions of the Congressional Budget Act of 1974 (prohibition on unfunded mandates). Provides that if a point of order for failure to comply with rule XXVIII is sustained, the conference report shall be considered as rejected and the pending question shall be, without intervention of any point of order, whether the House shall recede from its amendment and agree to an amendment to S. 1150 consisting of the reported text, modified by striking subtitle A of title V.
United States · United States Congress · 22 May 1998
Expresses grave concern regarding the findings of the report of the International Commission of Jurists on Tibet issued in December 1997 concerning religious and cultural repression in Tibet. Supports report recommendations that call on: (1) the People's Republic of China to enter into discussions with the Dalai Lama on a solution to the question of Tibet, to ensure respect for the fundamental human rights of the Tibetan people, to end practices which threaten to erode the distinct cultural, religious, and national identity of the Tibetan people, and to cease policies which result in the movement of Chinese people to Tibetan territory; (2) the United Nations General Assembly to resume its debate on the question of Tibet; and (3) the Dalai Lama to enter into discussions with the Chinese Government on a solution to the question of Tibet. Commends the appointment by the Secretary of State of a U.S. Special Coordinator for Tibetan Issues. Calls on: (1) the People's Republic of China to release from detention the nine-year old Panchen Lama, Gedhun Choekyi Nyima, to his home in Tibet from which he was taken on May 17,1995, and to allow him to pursue his religious studies; and (2) the President, as a central objective of the 1998 presidential summit meeting with Jiang Zemin in Beijing, to work toward securing an agreement to begin substantive negotiations between the People's Republic of China and the Dalai Lama.
United States · United States Congress · 14 May 1998
TABLE OF CONTENTS: Title I: Designation and Evaluation of Renewal Communities Title II: Tax Incentives for Renewal Communities Title III: Additional Provisions American Community Renewal Act of 1998 - Title I: Designation and Evaluation of Renewal Communities - Renewing American Communities Act of 1998 - Amends the Internal Revenue Code to authorize the Secretary of Housing and Urban Development to designate (upon local or State nomination) up to 100 renewal communities, of which at least 20 percent shall be in rural areas. Requires for nomination purposes that: (1) the area be experiencing high rates of poverty and unemployment and general distress; and (2) State and local governments enter into written contracts with neighborhood organizations to promote specified economic growth and employment activities. Treats renewal communities as labor surplus areas for all Federal law purposes. Title II: Tax Incentives for Renewal Communities - Amends the Internal Revenue Code to exclude from gross income capital gains on the sale or exchange of a qualified community asset (stock, business property, or partnership interest) held for more than five years. Allows a specified deduction for amounts paid into a family development account on behalf of an individual or another qualified individual who is a renewal community resident. Excludes from gross income account distributions used for qualified family development expenses (postsecondary education, first-home purchase, business capitalization, medical, and rollovers). Provides a penalty (with exceptions) in addition to inclusion as gross income for nonqualifying distributions. Provides for designation of up to 25 percent of qualifying renewal communities as matching demonstration areas eligible to receive family development account matching contributions. Authorizes: (1) designation of earned income tax credit payments for family development account deposit; (2) a commercial building revitalization tax credit; (3) increased first year expensing for renewal community businesses; (4) extension of environmental remediation cost expensing and the work opportunity credit for renewal communities; and (5) similar tax treatment of renewal communities and enterprise zones for specified youth residence requirements. (Sec. 205) Makes conforming amendments to provisions respecting: (1) tax on excess contributions and prohibited transactions; (2) trust and annuity information; (3) tax exemption applications; and (4) the commercial revitalization credit. Title III: Additional Provisions - Provides for local government transfer of unoccupied and substandard Department of Housing and Urban Development multifamily and single family housing in renewal communities, with subsequent disposition priority to be given to community development corporations. (Sec. 302) Amends the Public Health Service Act to make religious organizations eligible to administer specified substance prevention and abuse programs. Sets forth program provisions. (Sec. 303) Amends the Community Reinvestment Act of 1977 to provide that a financial institution's investments in community development organizations located in renewal communities may be considered in evaluations under such Act.
United States · United States Congress · 14 May 1998
Amends the Internal Revenue Code to provide, for purposes of determining the exclusion of gain on the sale of a principal residence, that a member of the U.S. armed forces shall be treated as using such property as a principal residence while away from home on extended duty.
United States · United States Congress · 14 May 1998
Urges the President to: (1) immediately call upon his friends, former associates and appointees, and the associates of those individuals, who have asserted fifth amendment privileges or fled the country to avoid testifying in congressional investigations, to come forward and testify fully and truthfully before the relevant congressional committees; and (2) use all legal means at his disposal to compel people who have left the country to return and cooperate with the investigation.
United States · United States Congress · 13 May 1998
Congressional Truth and Accountability Act of 1998 - Amends the Federal criminal code to require a U.S. district court, before issuing an order requiring any individual to provide, at a proceeding before or ancillary to a congressional committee, any testimony or other information which he or she refuses to provide on the basis of his or her privilege against self-incrimination, to find that the request for such order has been approved by affirmative vote of a majority (currently, two-thirds) of the members of the full committee.
United States · United States Congress · 12 May 1998
Veterans Medicare Access Improvement Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act to authorize the Secretary of Health and Human Services and the Secretary of Veterans Affairs to establish a program under which the former Secretary shall reimburse the latter Secretary out of the Medicare trust funds for Medicare health care services furnished to certain Medicare-eligible veterans whose closest Department of Veterans Affairs (VA) medical center is geographically remote or inaccessible. Authorizes the Secretaries to establish a demonstration project similar to such program for Medicare-eligible veterans whose closest VA medical center is not geographically remote or inaccessible. Amends the Balanced Budget Act of 1997 to repeal the requirement for an implementation plan for veterans subvention. Prohibits payments from the Medicare trust funds for items or services furnished under the program or demonstration project established under this Act before the Director of the Office of Management and Budget determines that: (1) certain legislation restricting entitlement to service-connected compensation for a tobacco-related disability has been enacted; and (2) the net amount of the reductions in expenditures achieved by reason of such legislation during the five fiscal year period beginning with FY 1999, that is available to offset the net aggregate increase in outlays (if any) under the Medicare program, is not less than the estimated net aggregate increase during such period.
United States · United States Congress · 12 May 1998
Internet Tax Freedom Act - Amends the Communications Act of 1934 (the Act) to prohibit the Federal Communications Commission (FCC) or any State commission from having regulatory authority or jurisdiction with respect to charges paid by subscribers for Internet access or online services (IAOs). Preserves FCC authority and the State commission's authority to: (1) implement the Telecommunications Act of 1996 or the amendments made by such Act; and (2) regulate common carriers that offer IAOs in conjunction with the provision of any telephone toll, telephone exchange, or exchange access services as such terms are defined in title I of the Act. (Sec. 3) Exempts IAOs providers from Federal regulatory fees. Requires the National Telecommunications and Information Administration to determine whether any direct or indirect Federal regulatory fees, other than the fees identified under the Act, are imposed on IAOs providers, and if so, make recommendations to the Congress regarding whether such fees should be modified or eliminated. (Sec. 4) Requires the Secretary of Commerce, in consultation with appropriate congressional committees, to examine: (1) barriers imposed in foreign markets on U.S. providers of property, goods, services, or information engaged in electronic commerce and on U.S. providers of telecommunications services; (2) how the imposition of such barriers will affect U.S. consumers, the competitiveness of U.S. citizens providing property, goods, service, or information in foreign markets, and the growth and maturing of the Internet; and (3) what measures the Government should pursue to foster, promote, and develop electronic commerce in the United States and in foreign markets. Directs: (1) the Secretary to report to the President on the results of the examination; and (2) the President to review the report and submit to appropriate congressional committees such policy recommendations as the President deems necessary or expedient. (Sec. 5) Prohibits, for three years after enactment of this Act, any State or political subdivision from imposing, assessing, collecting, or attempting to collect specified taxes on Internet access and services, with an exception for taxes imposed and actually enforced under State law before March 1, 1998. Provides that: (1) such exception shall be enforceable only if a State enacts a law to expressly impose such tax within one year from the date of enactment; and (2) failure of a State to act does not affect liabilities for taxes accrued and enforced prior to March 1, 1998, nor does it affect ongoing litigation relating to such assessments. Provides that this moratorium shall not apply with respect to the provision of IAOs that are offered for sale as part of a package of services that includes services other than IAOs, unless the service provider separately states that portion of the billing that applies to such services on the user's bill. (Sec. 6) Establishes the Advisory Commission on Electronic Commerce to, among other things: (1) identify the taxes, fees, and charges imposed on electronic commerce within the United States that could impede the development of such commerce; and (2) propose both a uniform system of definitions of electronic commerce that may be subject to sales and use tax within each State, as well as a simplified system for such taxes. (Sec. 7) Directs the Commission, within two years of enactment, to transmit to the President and the Congress proposed legislation. Directs the President to then review such proposals and to submit to appropriate congressional committees such policy recommendations as the President deems necessary or expedient. (Sec. 8) Provides for the expedited congressional consideration of such legislative recommendations. (Sec. 9) Expresses the sense of the Congress that the President should seek bilateral and multilateral agreements through various international organizations to require that the provision of IAOs be free from undue and discriminatory regulation by foreign governments and that electronic commercial transactions between U.S. and foreign providers of property, goods, services, and information be free from undue and discriminatory regulation, international tariffs, and discriminatory taxation.
![Official portrait of Rep. Solomon, Gerald B. H. [R-NY-22]](https://www.congress.gov/img/member/s000675_200.jpg)