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Bill· HRH.R. 3868 (105th)referred
United States · United States Congress · 14 May 1998
TABLE OF CONTENTS: Title I: Price Increase to Discourage Child Tobacco Use Title II: FDA Jurisdiction Over Tobacco Products Title III: Performance Objectives to Reduce Child Tobacco Use Title IV: Smoke-Free Environments Title V: Tobacco Prevention Initiatives Title VI: International Tobacco Control Title VII: Tobacco Accountability Board Title VIII: Payments to States Subtitle A: Resolution of State Actions Subtitle B: State Grants Title IX: Definitions Bipartisan NO Tobacco for Kids Act of 1998 - Title I: Price Increase to Discourage Child Tobacco Use - Requires that the funds raised by this title be used to reduce the public debt, except as provided in titles V and VIII. (Sec. 102) Requires each tobacco manufacturer (defining manufacturer, for this Act, to include importers) to make initial ($10 billion allocated by the manufacturer's share of units manufactured or imported) and annual (50 cents per unit manufactured or imported) payments. Excludes exports. (Sec. 103) Provides for injunctions and civil monetary penalties for failure to comply with regulations under this title. Title II: FDA Jurisdiction Over Tobacco Products - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to add nicotine in tobacco products to the definition of "drug" and add tobacco products to the definition of "device." (Sec. 203) Declares a tobacco product misbranded if it does not comply with section 205 requirements. Amends restricted device provisions to authorize the Secretary of Health and Human Services, if the Secretary determines that there cannot otherwise be reasonable assurances of safety and effectiveness, to require tobacco advertising and promotion restrictions. Prohibits State and local requirements of warnings on labels and in advertising if this Act requires a warning. (Sec. 204) Requires that all provisions of specified existing tobacco regulations be considered lawful and lawfully promulgated under the FDCA. (Sec. 205) Deems, for tobacco products, an action providing appropriate protection of public health to provide a reasonable assurance of safety and effectiveness. Mandates regulations, conforming to specified provisions of the Proposed Resolution between manufacturers and State attorneys general on June 20, 1997: (1) restricting tobacco marketing, advertising, and access (but prohibits restrictions on marketing or advertising that would violate the First Amendment to the Constitution); (2) requiring warnings on cigarette and smokeless tobacco labeling and advertisements; and (3) regarding tobacco product ingredients. Makes it unlawful to advertise tobacco on any electronic medium subject to the jurisdiction of the Federal Communications Commission. Prohibits considering the Secretary of Health and Human Services' failure to approve or disapprove an ingredient's safety within the review period to be approval. Prohibits a manufacturer from stating or implying in labeling or advertising that a product has a reduced health risk unless the Secretary has so determined. Prohibits a State from receiving a grant under subtitle B of title VIII of this Act unless the State has put into law a tobacco control program conforming to the model State program established by the Secretary. Mandates establishment of that model program, including in its requirements State retail licensure, a prohibition of tobacco purchase for resale or distribution to individuals under 18, compliance inspection conduct and frequency, State performance objectives, and violations penalties. Requires, if a State fails to implement a conforming program or fails to achieve the performance objectives, that the Secretary withhold up to 20 percent of the grant to the State under subtitle B of title VIII of this Act. Mandates a Federal retail licensing program for retailers on Federal property, retailers in a State without an effective program conforming to the model program, and others as specified by the Secretary. Authorizes the Secretary to order a State-licensed retailer in violation of this Act to suspend or cease tobacco sales. Treats Indian tribes and tribal organizations as a State regarding retailers operating on Indian reservations. (Sec. 206) Adds violation of any FDCA tobacco requirement to the list of FDCA prohibited acts. Authorizes the Secretary to disclose tobacco information to the public if the Secretary determines it appropriate to protect public health. (Sec. 207) Repeals the Federal Cigarette Labeling and Advertising Act and the Comprehensive Smokeless Tobacco Health Education Act of 1986. Title III: Performance Objectives to Reduce Child Tobacco Use - Mandates an annual survey regarding the percentage of children using each manufacturer's tobacco product. (Sec. 302) Requires each manufacturer to have a performance objective of reducing its child tobacco use by specified percentages. Requires, if the reductions are not met, price increases and, for subsequent consecutive year failures, sales by carton minimum and packaging in black on a white background. (Sec. 306) Makes failure to comply with this title's requirements an FDCA prohibited act. (Sec. 307) Requires that the annual survey determine the use level for children of different racial and ethnic backgrounds. Mandates, if use is increasing (or not decreasing at a proportionate rate) among children of a racial or ethnic background, recommendations to the Congress regarding reducing the level for those children. Title IV: Smoke-Free Environments - Requires the responsible entity for each public facility (any building in which activities substantially affecting interstate commerce occur, subject to exceptions for locations such as residential buildings, on-sale alcoholic beverage establishments, and prisons) to implement a smoke-free environment policy meeting specified requirements. Allows smoking areas meeting certain requirements. (Sec. 402) Authorizes an action to enforce this title (by injunction or civil monetary penalty) by any aggrieved person, State or local governmental agency, or the Administrator of the Environmental Protection Agency, allowing the award of litigation costs (including attorney's and expert fees) to any prevailing party. Authorizes the court to order that the civil penalties be used for projects furthering this title. Prohibits compensatory and punitive damages. (Sec 403) Authorizes the Administrator to extend the smoke-free policy requirement to certain otherwise-exempt facilities if the Administrator determines that the extension is appropriate to protect the public health. (Sec. 405) Declares that this title does not preempt or affect any other Federal, State, or local law providing protection from environmental tobacco health hazards. Title V: Tobacco Prevention Initiatives - Requires that funds be made available (from annual manufacturer payments under section 102) to the Secretary of Health and Human Services, without fiscal year limitation, for: (1) a national public awareness campaign to discourage tobacco use; (2) the implementation of FDCA tobacco provisions, title III of this Act, and Tobacco Accountability Board provisions of this Act; (3) tobacco use cessation programs (mandating grants); (4) research on nicotine addiction, cessation, and prevention; and (5) tobacco surveillance and epidemiology research. Requires that certain programs under this title: (1) take into account the needs of minority populations; and (2) be age, culturally, and linguistically appropriate for those populations. Title VI: International Tobacco Control - Mandates regulations to prohibit domestic concerns from directly or indirectly: (1) selling or distributing tobacco in a foreign country without warning labels appropriate to protect public health; or (2) selling or distributing tobacco in a foreign country to children or advertising or promoting it in a way that appeals to children. Adds violations to the list of FDCA prohibited acts. (Sec. 602) Prohibits any U.S. officer, employee, department, or agency from: (1) promoting tobacco export or foreign sale, manufacture, promotion, distribution, or use; or (2) subject to exception, seeking the removal or reduction of foreign restrictions on tobacco importation, exportation, sale, manufacture, promotion, distribution, tariffs, or taxes. (Sec. 603) Establishes in the Treasury the International Tobacco Control Trust Fund, to be funded by payments under section 605. Provides for the use of Fund amounts for: (1) the American Center on Global Health and Tobacco; (2) grants and other assistance to foreign governments, nongovernmental organizations, and international organizations for foreign tobacco control; and (3) enforcement of any requirement regarding foreign tobacco sale, distribution, or promotion. (Sec. 604) Establishes the American Center on Global Health and Tobacco (ACT) as a private, nonprofit corporation, requiring it to assist foreign organizations to reduce and prevent tobacco use, including through public awareness campaigns and youth-oriented and community-based programs. (Sec. 605) Requires each domestic concern that manufactures tobacco in a foreign country (or controls a person who does so) to annually pay to the Fund a specified amount per unit manufactured. (Sec. 606) Mandates regulations to reduce tobacco smuggling in interstate and foreign commerce. (Sec. 607) Expresses the sense of the Congress that the Government should support implementation of the International Framework Convention on Tobacco Control through all available resources. Title VII: Tobacco Accountability Board - Establishes the Tobacco Accountability Board as an independent board. Requires each tobacco manufacturer to submit to the Board all documents in the manufacturer's possession: (1) relating to tobacco health effects (including addiction), the manipulation of nicotine, or tobacco sale or marketing to children; or (2) produced or ordered to be produced in a named civil action. Requires the Board to make the documents available to the public. Exempts trade secrets from public disclosure unless the Board determines that disclosure is appropriate to protect the public health. (Sec. 703) Requires the Board to investigate all matters relating to tobacco and public health and report to the Congress annually. (Sec. 705) Empowers the Board to bring an action to enjoin a failure to comply with this title or to impose a civil monetary penalty. (Sec 707) Prohibits discrimination against an individual as a reprisal for disclosing information regarding a violation of tobacco-related law. Applies to whistleblowers existing provisions of Federal law allowing whistleblowers to receive a portion of any false claims amounts recovered. Title VIII: Payments to States - Subtitle A: Resolution of State Actions - Allows a State to elect to receive payments under section 802 instead of seeking recovery from manufacturers for health care costs attributable to tobacco use. Prohibits a State that so elects from seeking recovery from manufacturers, except for actions after enactment of this Act or for criminal prosecutions. (Sec. 802) Directs the Secretary of the Treasury to pay to any State so electing the amount the State would have received under the Proposed Resolution between manufacturers and State attorneys general. Requires a State to pass payments through to local governments in proportion to the local government's tobacco use health care costs. Makes a State that fails to pass through payments ineligible for this section's future payments. (Sec. 803) Exempts a manufacturer from the portion of the section 102 payments that will be provided to States under this title if the manufacturer: (1) resolved tobacco-related civil actions with more than 25 States before 1998; (2) provided to all other States the opportunity to enter into substantially similar settlements; and (3) manufactures less than three percent of all cigarettes manufactured or imported in the United States. Subtitle B: State Grants - Requires that funds be made available annually from amounts paid under section 102, without fiscal year limitation, for grants to States with approved child-oriented or community-based programs to discourage tobacco use. (Sec. 812) Amends title XIX (Medicaid) of the Social Security Act to authorize payment to States for a specified percentage of the State's Medicaid expenditures for tobacco use cessation programs. Title IX: Definitions - Sets forth definitions for this Act.
Bill· HJRESH.J.Res. 119 (105th)passed
United States · United States Congress · 14 May 1998
Constitutional Amendment - Authorizes the Congress, with respect to Federal elections, and States, for all other elections, to adopt reasonable regulations of campaign funds expended, including contributions, to influence the outcome of elections, provided that such regulations do not impair the right of the public to a full and free discussion of all issues and do not prevent any candidate for elected office from amassing the resources necessary for effective advocacy.
Bill· HJRESH.J.Res. 118 (105th)referred
United States · United States Congress · 11 May 1998
Constitutional Amendment - Authorizes the President, in the case of any bill, order, resolution, or vote, to decline to approve in whole any dollar amount of discretionary budget authority, any item of new direct spending, or any limited tax benefit.
Bill· SS. 2052 (105th)open
United States · United States Congress · 7 May 1998
TABLE OF CONTENTS: Title I: Intelligence Activities Title II: Central Intelligence Agency Retirement and Disability System Title III: General Provisions Title IV: Central Intelligence Agency Title V: Disclosure of Information to Congress Title VI: Foreign Intelligence and International Terrorism Investigations Intelligence Authorization Act for Fiscal Year 1999 - Title I: Intelligence Activities - Authorizes appropriations for FY 1999 for the conduct of intelligence and intelligence-related activities of the: (1) Central Intelligence Agency (CIA); (2) Department of Defense; (3) Defense Intelligence Agency; (4) National Security Agency; (5) Departments of the Army, Navy, and Air Force; (6) Departments of State, the Treasury, and Energy; (7) Federal Bureau of Investigation (FBI); (8) National Reconnaissance Office; and (9) National Imagery and Mapping Agency. (Sec. 102) Specifies that the amounts authorized to be appropriated and the authorized personnel ceilings as of September 30, 1999, for such activities are those specified in the classified Schedule of Authorizations, which shall be made available to the Senate and House Appropriations Committees and the President. (Sec. 103) Allows the Director of Central Intelligence (DCI), with the approval of the Director of the Office of Management and Budget, to authorize employment of civilian personnel in excess of the number authorized for FY 1999 when necessary to the performance of important intelligence functions, subject to specified limitations. Requires notification of the Senate and House Intelligence Committees whenever such authority is exercised. (Sec. 104) Authorizes appropriations for the Community Management Account of the DCI for FY 1999. Authorizes full-time personnel for the Community Management Staff of the DCI as of September 30, 1999, as well as any additional amounts specified in the classified Schedule of Authorizations. Provides for the reimbursement of any U.S. officer or employee, or any member of the armed forces, who is detailed to such Staff. Earmarks Account Funds for the National Drug Intelligence Center. Title II: Central Intelligence Agency Retirement and Disability System - Authorizes appropriations for FY 1999 for the Central Intelligence Agency Retirement and Disability Fund. Title III: General Provisions - Permits appropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal employees to be increased by such additional amounts as may be necessary for increases in such compensation or benefits authorized by law. (Sec. 302) Specifies that the authorization of appropriations by this Act shall not be deemed to constitute authority for the conduct of any intelligence activity not otherwise authorized by the Constitution or laws of the United States. (Sec. 303) Amends the National Security Act of 1947 to extend through January 6, 2000, the authority of the President to stay the application of certain sanctions against a foreign country, organization, or person upon a determination of an adverse effect of such sanction on the conduct of ongoing intelligence activities. (Sec. 304) Extends through December 31, 2000, the authority of the Secretary of Defense (Secretary) to engage in commercial activities as security for authorized intelligence collection activities. (Sec. 305) Amends the David L. Boren National Security Education Act of 1991 to: (1) authorize the Secretary to award fellowships and grants for the conduct of counterproliferation studies; and (2) replace the Director of the U.S. Information Agency with the Secretary of Energy on the membership of the National Security Education Board. Title IV: Central Intelligence Agency - Amends the Central Intelligence Agency Voluntary Separation Pay Act to extend through FY 2001 the separation pay program for the voluntary separation of CIA employees. (Sec. 402) Amends the Central Intelligence Agency Act of 1949 to include as an additional duty of the CIA Inspector General the review of the impact of legislation on the prevention and detection of fraud and abuse in programs and operations administered or financed by the CIA. Title V: Disclosure of Information to Congress - Directs the President to inform employees of the various intelligence agencies, as well as employees of contractors carrying out activities under classified contracts with such agencies, that: (1) the disclosure to members of a congressional oversight committee of information relating to a possible violation of law, a false statement to Congress, gross mismanagement or waste of funds, the flagrant abuse of authority, or a substantial and specific danger to public health or safety is not prohibited by law or contrary to public policy; (2) such committee members are presumed to have a need to know and be authorized to receive such information; and (3) such committee members may receive such information only in their capacity as members of such committees. Requires a report from the President to the Congress on actions taken under this title. Title VI: Foreign Intelligence and International Terrorism Investigations - Amends the Foreign Intelligence Surveillance Act of 1978 to authorize the Attorney General (AG) or other designated Federal attorney to apply for an order or the extension of an order authorizing or approving the installation and use of a pen register or trap and trace device (device) for any investigation to gather foreign intelligence or international terrorism information (information) which is being conducted by the FBI under guidelines approved by Executive order. Outlines application requirements. Limits to 90 days the authorized period for the use of such device, with an extension of an additional 90 days in appropriate circumstances. Authorizes the AG to approve the installation of such a device on an emergency basis to gather such information if: (1) a judge is informed of the AG's decision to do so; and (2) an application is made to such judge within 48 hours after the installation. Prohibits any information from being utilized if the application is denied. Authorizes the AG to allow the use of such a device to acquire such information for a period not to exceed 15 days following a declaration of war by the Congress. Requires notification to the person involved that information so obtained is to be used or disclosed. Allows such person to move to suppress such evidence, and requires the motion to be heard before the use of such information. Provides for in camera and ex parte hearings when the national security is or may be involved. Prohibits the use of information so obtained when a motion to suppress is granted or a court determines that the use of such a device was not lawfully authorized or conducted. Requires the AG, on a semiannual basis, to fully inform the intelligence and judiciary committees concerning the use of such devices and related information. (Sec. 602) Authorizes the FBI Director to apply for an order authorizing a common carrier, public accommodation facility, physical storage facility, or vehicle rental facility to release records for an investigation to gather foreign intelligence or international terrorism information being conducted by the FBI under Executive order. Outlines application requirements. Requires the AG, on a semiannual basis, to fully inform the intelligence and judiciary committees concerning the use of all such records and related information.
Bill· SS. 2046 (105th)referred
United States · United States Congress · 7 May 1998
Charitable Choice Expansion Act of 1998 - Requires the Federal Government, or a State or local government receiving Federal funds, when authorized to use a nongovernmental organization to provide assistance to beneficiaries under a program, to consider religious organizations on the same basis as other nongovernmental organizations to provide such assistance, so long as the program is implemented in a manner consistent with the Establishment Clause of the Constitution. Excepts from such requirement activities carried out under: (1) Federal programs providing education to children eligible to attend elementary or secondary schools (except for activities to assist students in obtaining the recognized equivalents of secondary school diplomas); (2) the Higher Education Act of 1965; (3) the Head Start Act; and (4) the Child Care and Development Block Grant Act of 1990. Declares that a religious organization that provides assistance under such a program shall retain its independence from Federal, State, and local governments and shall not be required to alter its form of internal governance or remove religious art, icons, scripture, or other symbols. Requires the appropriate governmental entity, if a beneficiary or applicant for assistance under such a program has an objection to the religious character of the organization providing the assistance, to provide such assistance through an alternative organization. Requires the governmental entity to ensure that notice is provided to beneficiaries and applicants of the right to make such objection. Prohibits a religious organization from discriminating against a beneficiary or applicant in rendering assistance based on religion or religious belief. Requires any religious organization providing assistance under such a program to segregate government funds provided under such program into a separate account. Subjects only such funds to audit by the government. Authorizes civil actions by parties alleging that their rights under this Act have been violated by the Federal Government or by a State or local government. Prohibits any funds provided through a grant or contract to a religious organization to provide assistance under any such program from being expended for sectarian worship, instruction, or proselytization.
Bill· SS. 2053 (105th)referred
United States · United States Congress · 7 May 1998
Liberty Dollar Bill Act - Amends Federal law to mandate that the design of the reverse side of $1 Federal reserve notes, in a form the Secretary of the Treasury deems appropriate, incorporate: (1) the preamble to the Constitution; (2) a list of the Articles of the Constitution; and (3) a list of the first ten amendments to the Constitution. States that such requirements do not limit the authority of the Secretary to: (1) include other inscriptions or material on the reverse side of $1 dollar bills; or (2) adopt other design features to deter counterfeiting of currency.
Bill· HRH.R. 3792 (105th)referred
United States · United States Congress · 5 May 1998
Liberty Dollar Bill Act - Amends Federal law to mandate that the design of the reverse side of $1 Federal reserve notes incorporate: (1) the preamble to the Constitution; (2) a list describing the Articles of the Constitution; and (3) a list describing the Articles of Amendment. Prescribes the design format. States that such requirements do not limit the authority of the Secretary of the Treasury to: (1) include other inscriptions or material on the reverse side of $1 dollar bills; or (2) adopt other design features to deter counterfeiting of currency.
Bill· HJRESH.J.Res. 116 (105th)referred
United States · United States Congress · 28 April 1998
Constitutional Amendment - Provides that: (1) the United States shall not engage in any business, financial, professional, or industrial enterprise except as specified in the Constitution; (2) State or Federal laws shall not be subject to any foreign or domestic agreement abrogating this amendment; (3) U.S. activities in violation of this amendment shall be liquidated and the affected properties sold; and (4) the 16th article of amendments to the Constitution shall stand repealed and thereafter the Congress shall not levy taxes on personal income, estates, or gifts.
Law· HRH.R. 3694 (105th)enacted
United States · United States Congress · 21 April 1998
TABLE OF CONTENTS: Title I: Intelligence Activities Title II: Central Intelligence Agency Retirement and Disability System Title III: General Provisions Intelligence Authorization Act for Fiscal Year 1999 - Title I: Intelligence Activities - Authorizes appropriations for FY 1999 for the conduct of intelligence and intelligence-related activities of the: (1) Central Intelligence Agency; (2) Department of Defense; (3) Defense Intelligence Agency; (4) National Security Agency; (5) Departments of the Army, Navy and Air Force; (6) Departments of State, the Treasury, and Energy; (7) Federal Bureau of Investigation; (8) Drug Enforcement Administration; (9) National Reconnaissance Office; and (10) National Imagery and Mapping Agency. Specifies that the amounts authorized to be appropriated and the authorized personnel ceilings as of September 30, 1999, for such activities are those specified in the classified Schedule of Authorizations, which shall be made available to the Senate and House Appropriations Committees and the President. Allows the Director of Central Intelligence (DCI), with the approval of the Director of the Office of Management and Budget, to authorize employment of civilian personnel in excess of the number authorized for FY 1999 when the DCI determines that such action is necessary to the performance of important intelligence functions, subject to specified limitations. Requires notification of the Senate and House Intelligence Committees whenever such authority is exercised. Authorizes appropriations for the Intelligence Community Management Account of the DCI for FY 1999. Authorizes full-time personnel for elements within such Account as of September 30, 1999. Provides for the reimbursement of any U.S. officer or employee, or member of the armed forces, who is detailed to such staff. Title II: Central Intelligence Agency Retirement and Disability System - Authorizes appropriations for FY 1999 for the Central Intelligence Agency Retirement and Disability Fund. Title III: General Provisions - Permits appropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal employees to be increased by such additional amounts as may be necessary for increases in such compensation or benefits authorized by law. Specifies that the authorization of appropriations by this Act shall not be deemed to constitute authority for the conduct of any intelligence activity which is not otherwise authorized by the Constitution or laws of the United States.
Resolution· HRESH.Res. 407 (105th)passed
United States · United States Congress · 21 April 1998
Sets forth the rule (modified closed) for the consideration of H.J. Res. 111 (constitutional amendment with respect to tax law revision requirements).
Bill· SS. 1923 (105th)referred
United States · United States Congress · 2 April 1998
Federal Facilities Clean Water Compliance Act of 1998 - Amends the Federal Water Pollution Control Act to waive immunity of the United States with respect to Federal, State, interstate, and local requirements pertaining to water pollution control, including requirements for permits or reporting, injunctive relief, sanctions to enforce relief, payment of reasonable service charges, administrative orders, and penalties or fines. Absolves Federal employees of personal liability for civil penalties under water pollution control laws for acts or omissions within the scope of official duties. Makes Federal employees subject to criminal sanctions under Federal or State water pollution control laws, but prohibits applying criminal sanctions to Federal agencies. Authorizes the Administrator of the Environmental Protection Agency, the Secretary of the Army, and the Secretary of the department in which the Coast Guard is operating to pursue enforcement actions against Federal agencies under the Act. Requires States, unless a State law or constitution requires otherwise, to use penalties collected from the Federal Government under the Act only for projects to improve or protect the environment or to defray the costs of environmental protection or enforcement. Includes Federal agencies within the definition of "person" for purposes of the Act.
Bill· SJRESS.J.Res. 44 (105th)open
United States · United States Congress · 1 April 1998
Constitutional Amendment - Grants victims of crimes of violence the right to: (1) reasonable notice of, and to not be excluded from, all public proceedings relating to the crime; (2) be heard, if present, and to submit a statement at all public proceedings to determine a release from custody, an acceptance of a negotiated plea, or a sentence (grants such rights at a non-public parole proceeding to the extent they are afforded to the convicted offender); (3) reasonable notice of a release or escape from custody relating to the crime; (4) consideration for the interest of the victim in a trial free from unreasonable delay; (5) an order of restitution from the convicted offender; (6) consideration for the safety of the victim in determining any release from custody; and (7) reasonable notice of the rights established by this amendment. Grants the victim or the victim's representative standing to assert such rights. Provides that nothing in this amendment shall: (1) provide grounds for the victim to challenge a charging decision or a conviction, to overturn a sentence or negotiated plea, to obtain a stay of trial, or to compel a new trial; and (2) give rise to a claim for damages against the United States, a State, a political subdivision, or a public official. Empowers the Congress and the States to implement and enforce this amendment within their respective jurisdictions by appropriate legislation, including by enacting exceptions when necessary to achieve a compelling interest.
Bill· HRH.R. 3642 (105th)referred
United States · United States Congress · 1 April 1998
Judicial District of the Virgin Islands Act of 1998 - Amends the Federal judicial code to establish a Federal judicial district in the Virgin Islands, composed of two divisions, one for Saint Croix and the other for Saint Thomas and Saint John. Provides two judges for such district. Repeals provisions of the Revised Organic Act of the Virgin Islands regarding judicial divisions, trial by jury, and the U.S. attorney for the Virgin Islands. Vests judicial power of the Virgin Islands in trial or appellate courts established by local law. (Currently, such power is also vested in the District Court of the Virgin Islands.) Requires the local courts of the Virgin Islands to have jurisdiction over all causes of action in the Islands over which any court established by the Constitution and U.S. laws does not have exclusive jurisdiction. (Currently, the Virgin Islands legislature may vest such jurisdiction in such courts.) Replaces references to the District Court of the Virgin Islands in provisions regarding jurisdiction over income tax matters and appellate jurisdiction with references to the U.S. District Court for the District of the Virgin Islands. Removes provisions regarding judges of the District Court of the Virgin Islands. Authorizes the temporary assignment of additional judges to the U.S. District Court for the Virgin Islands. Requires all pleadings and proceedings in the U.S. District Court for the Virgin Islands to be conducted in English. Permits pending complaints or proceedings to be pursued to final determination in such court, the U.S. Court of Appeals for the Third Circuit, and the Supreme Court. Deems references to the District Court of the Virgin Islands in any law to be references to the United States District Court for the Virgin Islands.
Law· SS. 1892 (105th)enacted
United States · United States Congress · 31 March 1998
Amends the Federal judicial code to prohibit the appointment, as a judge of a court exercising judicial power under article III of the Constitution (other than the Supreme Court), of any person who is related by affinity or consanguinity within the degree of first cousin to any judge who is a member of the same court. Defines "member" as an active judge or one retired in senior status.
Resolution· HRESH.Res. 404 (105th)passed
United States · United States Congress · 31 March 1998
Congratulates the Philippines on the commemoration of its independence from Spain. Recognizes and supports the relationship between the Philippines and the United States. Supports Philippine efforts to strengthen democracy, human rights, the rule of law, and expansion of free market economics.
Law· HRH.R. 3528 (105th)enacted
United States · United States Congress · 23 March 1998
Alternative Dispute Resolution Act of 1998 - Replaces Federal judicial code arbitration provisions with alternative dispute resolution (ADR) provisions. Directs each United States district court to: (1) authorize the use of ADR processes in all civil actions, with specified limitations on the use of arbitration; (2) devise and implement its own ADR program to encourage and promote the use of ADR in its district; (3) examine the effectiveness of existing ADR programs and adopt appropriate improvements; and (4) retain or designate an existing employee knowledgeable in ADR practices and processes to implement, administer, oversee, and evaluate the court's ADR program. Authorizes the Federal Judicial Center and the Administrative Office of the United States Courts to assist the district courts in the establishment and improvement of ADR programs. (Sec. 3) Directs each district court to require that litigants in all civil cases consider the use of an ADR process at an appropriate stage in the litigation and provide litigants in all civil cases with a choice of ADR processes. Allows any district court that elects to require the use of ADR in certain cases to do so only with respect to mediation, early neutral evaluation, and arbitration. Sets forth provisions regarding actions exempted from consideration of ADR, authority of the Attorney General, and confidentiality. (Sec. 4) Requires each district court that authorizes the use of ADR processes to maintain a panel of neutrals available for use by the parties for each category of process offered. Sets forth provisions regarding neutral selection, qualifications, and training. (Sec. 5) Authorizes a district court to allow the referral to arbitration of any civil action pending before it, except where: (1) the action is based on an alleged violation of a right secured by the Constitution; (2) jurisdiction is based on Federal civil rights and elective franchise provisions; or (3) the relief sought consists of money damages exceeding $150,000. Directs the district court to establish interim procedures to ensure that consent to arbitration is freely and knowingly obtained and that no party or attorney is prejudiced for refusing to participate in arbitration. (Sec. 6) Entitles arbitrators in an ADR program to the immunities and protections that the law accords to persons serving in a quasi-judicial capacity. (Sec. 7) Makes Federal Rule of Civil Procedure 45 (relating to subpoenas) applicable to subpoenas for the attendance of witnesses and the production of documentary evidence at an arbitration hearing. (Sec. 8) Sets forth provisions regarding filing procedures and the effect of an arbitration award and judgment, the sealing of such award, and trial de novo of arbitration awards. (Sec. 9) Directs the district court to establish and pay any amount of compensation that each neutral shall receive for services rendered, subject to specified limitations. (Sec. 10) Authorizes appropriations.
Bill· HRH.R. 3502 (105th)referred
United States · United States Congress · 18 March 1998
Independent Commission on Campaign Finance Reform Act of 1998 - Establishes the Independent Commission on Campaign Finance Reform to study the laws relating to the financing of political activity and to report and recommend legislation to reform those laws. (Sec. 6) Requires the Commission, not later than the expiration of the 180-day period that begins on the date on which the second session of the 105th Congress adjourns, to submit to the President, the Speaker and minority leader of the House of Representatives, and the majority and minority leaders of the Senate, a report of the activities of the Commission. Requires the report to include any recommendations for changes in the laws (including regulations) governing the financing of political activity, including any changes in House and Senate rules, to which nine or more Commission members may agree, together with drafts of: (1) any legislation recommended by the Commission to implement such recommendations; and (2) any proposed amendment to the Constitution recommended by the Commission as necessary to implement such recommendations, except that if the Commission includes such a proposed amendment in its report, it shall also include recommendations and drafts for legislation that may be implemented prior to the adoption of such proposed amendment. Requires the Commission, in making recommendations and preparing drafts of legislation, to consider the following to be its primary goals: (1) encouraging fair and open Federal elections that provide voters with meaningful information about candidates and issues; (2) eliminating the disproportionate influence of special interest financing of Federal elections; and (3) creating a more equitable electoral system for challengers and incumbents. (Sec. 7) Provides for expedited congressional consideration of any legislation introduced the substance of which implements a recommendation of the Commission submitted, including a joint resolution proposing an amendment to the Constitution. (Sec. 9) Authorizes appropriations.
Bill· HJRESH.J.Res. 115 (105th)referred
United States · United States Congress · 18 March 1998
Constitutional Amendment - Declares that nothing in the Constitution limits any act of the Congress to relinquish U.S. claims to the portion of the State of Minnesota that lies north of the 49th parallel if: (1) before such relinquishment, the registered voters residing in such area, by at least a two-thirds majority, vote in favor of full incorporation into Canada; and (2) such portion is so incorporated and such residents are granted permanent dual citizenship of the United States and Canada.
Resolution· HRESH.Res. 379 (105th)passed
United States · United States Congress · 5 March 1998
Returns to the Senate S. 104 (radioactive waste disposal) because, in the opinion of the House of Representatives, it contravenes the Constitution and infringes upon the privileges of the House.
Resolution· HCONRESH.Con.Res. 237 (105th)referred
United States · United States Congress · 5 March 1998
Declares that the Congress: (1) voices its concern about the current limitations on human rights and civil liberties in Belarus, and calls upon its government to follow the principles embodied in the 1994 constitution and abide by its commitments under the Helsinki Final Act (including subsequent agreements of the Organization on Security and Cooperation in Europe (OSCE) and other international commitments); (2) urges the Belarusian President to restore the rights of the Supreme Soviet; (3) urges the President, the Secretary of State, the U.S. Embassy in Miensk, and the U.S. missions to the United Nations and the OSCE to utilize every opportunity to encourage the Government of Belarus to respect its international human rights commitments, including OSCE principles and norms; (4) welcomes the work of the OSCE Advisory and Monitoring Group in assisting in the development of democratic institutions in Belarus; and (5) urges the President not to renew the extension of nondiscriminatory treatment (most-favored-nation treatment) to the products of Belarus if there is not sufficient improvement in its human rights record.
Resolution· HCONRESH.Con.Res. 236 (105th)referred
United States · United States Congress · 5 March 1998
Provides that any Executive order issued by the President that infringes on the powers and duties of the Congress under the Constitution, or that would require the expenditure of Federal funds not specifically appropriated for the purpose of the Executive order, shall be advisory only unless enacted as law.
Bill· HRH.R. 3314 (105th)referred
United States · United States Congress · 3 March 1998
Fathers Count Act of 1998 - Amends title IV of the Social Security Act to replace part C (Work Incentive Program) with a new part C (Grants to States to Encourage Fathers to Become Better Parents) instructing the Secretary of Health and Human Services, beginning FY 2000, to award grants to States for projects designed to encourage fathers to become better parents. Prescribes grant amounts for FY 2000 through 2004, and State uses for such funds. Permits States to contract with religious, charitable, or private organizations to provide and administer services under such grants. Declares religious organizations eligible as contractors to provide assistance or to accept disbursements on the same basis as any other private organization, so long as program implementation complies with the Establishment Clause of the Constitution. Prohibits discrimination against religious organizations that apply as contractors or accept disbursements under this Act. Delineates safeguards against certain Federal and State requirements with respect to such religious organizations, including an organization's control over the definition, development, practice, and expression of religious beliefs. Proscribes the use of funds under this Act for sectarian worship, instruction, or proselytization. Declares that this Act does not preempt any State constitution or statute that prohibits or restricts the expenditure of State funds in or by religious organizations. Authorizes appropriations.
Bill· SS. 1691 (105th)open
United States · United States Congress · 27 February 1998
American Indian Equal Justice Act - Amends Federal law concerning the jurisdiction of U.S. district courts to make it a requirement that an Indian tribe, tribal corporation, or member of an Indian tribe collect and remit to a State any excise, use, or sales tax imposed by the State on nonmembers of the Indian tribe as a consequence of the purchase of goods or services by nonmembers from the Indian tribe, tribal corporation, or member. Permits a State to bring an action in a U.S. district court to enforce the requirement. Grants U.S. district courts: (1) original jurisdiction in any civil action or claim against an Indian tribe, in matters arising under the Constitution, laws, or treaties of the United States; (2) jurisdiction of any civil action or claim against an Indian tribe for liquidated or unliquidated damages for cases not sounding in tort that involve any contract made by the governing body of the Indian tribe or on behalf of an Indian tribe; and (3) subject to Indian tribe tort claims procedure provisions under this Act, jurisdiction of civil actions in claims against an Indian tribe for money damages, accruing on or after the enactment of this Act for loss of property, personal injury, or death caused by the negligent or wrongful act or omission of an Indian tribe under circumstances in which the Indian tribe, if it were a private individual or corporation, would be liable to the claimant in accordance with the law of the State where the act or omission occurred. Sets forth Indian tort claims procedure provisions. Excepts any case relating to a controversy about membership in an Indian tribe. Grants consent to institute a civil cause of action against an Indian tribe in a State court on a claim arising within the State, including a claim arising on an Indian reservation or Indian country, in any case in which the cause of action: (1) arises under Federal or State law; and (2) relates to tort claims or claims not sounding in tort that involve any contract made by the governing body of an Indian tribe on or behalf of a tribe. Provides, in any tort action brought in a State court against an Indian tribe, for that tribe to be liable to the same extent as a private individual or corporation under like circumstances, but not to be liable for interest prior to judgment or for punitive damages. Amends title II of the Civil Rights Act of 1968 (the Indian Civil Rights Act) to grant U.S. district courts jurisdiction in any civil rights action alleging a failure to comply with rights secured by the requirements under such title.
Bill· HRH.R. 3288 (105th)referred
United States · United States Congress · 26 February 1998
Public Expression of Religion Act of 1998 - Amends Federal law regarding civil actions for deprivation of rights to: (1) limit the remedies with respect to a claim under such law to injunctive relief where the deprivation consists of a violation of a prohibition in the Constitution against the establishment of religion; and (2) prohibit the award of attorney's fees with respect to such a claim.
Bill· HJRESH.J.Res. 111 (105th)passed
United States · United States Congress · 26 February 1998
Constitutional Amendment - Requires that a bill to increase the internal revenue shall laws shall require for final adoption in each House the concurrence of two-thirds of the whole of the number of that House, unless the bill does not increase the internal revenue by more than a de minimis amount. Permits the waiver of such requirement, for up to two years, if there is a declaration of war or if the United States is engaged in a military conflict which causes an imminent and serious threat to national security and is so declared by a joint resolution which becomes law.
Resolution· HRESH.Res. 361 (105th)passed
United States · United States Congress · 12 February 1998
Calls upon the Cambodian Government to: (1) implement the Paris Peace Accords; (2) enforce the rule of law and protect human rights; (3) restore a nonviolent and neutral political atmosphere; (4) allow all exiled opposition leaders to return to Cambodia and engage in political activity without fear of political or physical reprisal; and (5) take further measures to create mechanisms to help ensure a credible election. Calls upon: (1) the European Union to reconsider its decision to provide assistance to the election process until genuinely free and fair elections can be conducted; and (2) the Secretary of State to continue to provide support through appropriate nongovernmental organizations to Cambodian human rights workers and to work with members of the Association of Southeast Asian Nations and the Donors Group in urging the Cambodian Government to create the conditions which would guarantee a free and fair election.
Bill· HJRESH.J.Res. 110 (105th)referred
United States · United States Congress · 11 February 1998
Constitutional Amendment - Prohibits the Supreme Court, any inferior court of the United States, or the court of any State from requiring a State or local government to levy or increase taxes.
Resolution· HCONRESH.Con.Res. 215 (105th)referred
United States · United States Congress · 11 February 1998
Congratulates the people of Guyana for holding multiparty presidential elections by proportional representation. Supports the audit of the elections by the Caribbean Community. Calls on: (1) all parties and opposition leaders to respect the outcome of the audit as the final decision and to make a vow to peace and stability in Guyana; and (2) the newly elected president to respect the rule of law and human rights.
Bill· SJRESS.J.Res. 40 (105th)open
United States · United States Congress · 4 February 1998
Constitutional Amendment - Declares that the Congress shall have power to prohibit the physical desecration of the U.S. flag.
Bill· HJRESH.J.Res. 108 (105th)referred
United States · United States Congress · 3 February 1998
Constitutional Amendment - Vests power in: (1) the Congress to set limits on contributions and expenditures respecting any Federal election or ballot measure; and (2) each State to set limits on contributions and expenditures respecting all non-Federal elections and ballot measures in that State.