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Resolution· HRESH.Res. 611 (105th)open
United States · United States Congress · 16 December 1998
Sets forth four articles impeaching William Jefferson Clinton, President of the United States, for high crimes and misdemeanors. Article I: States that in his conduct while President of the United States, William Jefferson Clinton, in violation of his constitutional oath faithfully to execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional duty to take care that the laws be faithfully executed, has willfully corrupted and manipulated the judicial process of the United States for his personal gain and exoneration, impeding the administration of justice, in that William Jefferson Clinton swore to tell the truth, the whole truth, and nothing but the truth before a Federal grand jury of the United States. States that contrary to that oath, William Jefferson Clinton willfully provided perjurious, false and misleading testimony to the grand jury. Article II: States that in his conduct while President of the United States, William Jefferson Clinton, in violation of his constitutional oath faithfully to execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional duty to take care that the laws be faithfully executed, has willfully corrupted and manipulated the judicial process of the United States for his personal gain and exoneration, impeding the administration of justice in that William Jefferson Clinton willfully provided perjurious, false and misleading testimony as part of a Federal civil rights action brought against him. Article III: States that in his conduct while President of the United States, William Jefferson Clinton, in violation of his constitutional oath faithfully to execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional duty to take care that the laws be faithfully executed, has prevented, obstructed, and impeded the administration of justice, and has to that end engaged personally, and through his subordinates and agents, in a course of conduct or scheme designed to delay, impede, cover up, and conceal the existence of evidence and testimony related to a Federal civil rights action brought against him in a duly instituted judicial proceeding. Article IV: States that using the powers and influence of the office of President of the United States, William Jefferson Clinton, in violation of his constitutional oath faithfully to execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in disregard of his constitutional duty to take care that the laws be faithfully executed, has engaged in conduct that resulted in misuse and abuse of his high office, impaired the due and proper administration of justice and the conduct of lawful inquiries, and contravened the authority of the legislative branch and the truth seeking purpose of a coordinate investigative proceeding, in that, as President, William Jefferson Clinton refused and failed to respond to certain written requests for admission and willfully made perjurious, false, and misleading sworn statements in response to certain written requests for admission propounded to him as part of the impeachment inquiry authorized by the House of Representatives of the Congress of the United States. States that William Jefferson Clinton, in refusing and failing to respond and in making perjurious, false and misleading statements, assumed to himself functions and judgments necessary to the exercise of the sole power of impeachment vested by the Constitution in the House of Representatives and exhibited contempt for the inquiry. States, with reference to each article of impeachment, that: (1) in so doing, William Jefferson Clinton has undermined the integrity of his office, has brought disrepute on the Presidency, has betrayed his trust as President, and has acted in a manner subversive of the rule of law and justice, to the manifest injury of the people of the United States; and (2) William Jefferson Clinton, by such conduct, warrants impeachment and trial, and removal from office and disqualification to hold and enjoy any office of honor, trust, or profit under the United States.
Bill· SS. 2645 (105th)referred
United States · United States Congress · 20 October 1998
Global Legal Information Network Participation Act of 1998 - Finds or declares that: (1) it is U.S. policy to promote the reasonable, timely, and authentic exchange of official legal information between parliaments of nations of the world; (2) U.S. participation in an international, cooperative, noncommercial legal database contributed to by governments of member nations, the Global Legal Information Network (GLIN), which would be available over the Internet, contributes to the promotion of security and international understanding, promotes the rule of law, and is in U.S. interests; (3) the timely and accurate availability of laws and regulations of the United States and other legislatures around the world is of the utmost importance to the Congress; and (4) the centralization of the function and control of participation by the United States in such an international legal database will assist in establishing uniformity for the electronic exchange and retrieval of legal information. Requires: (1) the U.S. station for the GLIN to be the Law Library in the Library of Congress; and (2) the Director of the U.S. GLIN station to be the Law Librarian of Congress.
Resolution· SRESS.Res. 311 (105th)referred
United States · United States Congress · 20 October 1998
Expresses the sense of the Senate that the Secretary of the Interior should support the establishment of a memorial to Thomas Paine at a specified location in the District of Columbia that specifically includes the structure known as the "Canal House," as previously authorized by specified Federal law.
Bill· SS. 2638 (105th)open
United States · United States Congress · 15 October 1998
TABLE OF CONTENTS: Title I: Oregon Institute of Public Service and Constitutional Studies Title II: Paul Simon Public Policy Institute Title III: Howard Baker School of Government Title IV: John Glenn Institute for Public Service and Public Policy Title I: Oregon Institute of Public Service and Constitutional Studies - Authorizes the Secretary of Education to award a grant to Portland State University in Portland, Oregon, to establish an endowment fund to support the Oregon Institute of Public Service and Constitutional Studies, which the University shall establish at the Mark O. Hatfield School of Government under a Leadership Council in order to receive such grant. (Sec. 103) Requires such Institute to: (1) further the knowledge and understanding of students about public service, the U.S. Government, and the Constitution; (2) increase awareness among youth of the importance of public service; (3) establish a Mark O. Hatfield Fellows program for students of government, public policy, public health, education, or law who have demonstrated a commitment to public service through volunteer activities, research projects, or employment; (4) create library and research facilities; and (5) support the professional development of elected officials at all levels of government. (Sec. 106) Authorizes appropriations. Title II: Paul Simon Public Policy Institute - Authorizes the Secretary to award a grant to Southern Illinois University at Carbondale, Illinois, to establish an endowment fund to support the Paul Simon Public Policy Institute, which the University shall establish in order to receive such grant. (Sec. 202) Includes among the Institute's duties research, analysis, debate, and policy recommendations with respect to world hunger, mass media, foreign policy, education, and employment. (Sec. 206) Authorizes appropriations. Title III: Howard Baker School of Government - Authorizes the Secretary to award a grant to the University of Tennessee in Knoxville, Tennessee, to establish the Howard Baker School of Government and its endowment fund. (Sec. 303) Requires the School to further the study of democratic institutions and public affairs, among other duties. (Sec. 304) Requires the School to operate with the guidance of a Board of Advisors. (Sec. 306) Authorizes appropriations. Title IV: John Glenn Institute for Public Service and Public Policy - Authorizes the Secretary to award a grant to Ohio State University in Columbus, Ohio, to establish the John Glenn Institute for Public Service and Public Policy and its endowment fund. (Sec. 402) Requires the Institute to further the study of public service and public policy issues, among other duties. (Sec. 406) Authorizes appropriations.
Resolution· HRESH.Res. 601 (105th)passed
United States · United States Congress · 15 October 1998
Returns to the Senate S. 361 (rhinoceros and tiger conservation) because, in the opinion of the House of Representatives, it contravenes the Constitution and infringes the privileges of the House.
Bill· HRH.R. 4830 (105th)open
United States · United States Congress · 14 October 1998
TABLE OF CONTENTS: Title I: Oregon Institute of Public Service and Constitutional Studies Title II: Paul Simon Public Policy Institute Title III: Howard Baker School of Government Title IV: John Glenn Institute for Public Service and Public Policy Title I: Oregon Institute of Public Service and Constitutional Studies - Authorizes the Secretary of Education to award a grant to Portland State University in Portland, Oregon, to establish an endowment fund to support the Oregon Institute of Public Service and Constitutional Studies, which the University shall establish at the Mark O. Hatfield School of Government under a Leadership Council in order to receive such grant. (Sec. 103) Requires such Institute to: (1) further the knowledge and understanding of students about public service, the U.S. Government, and the Constitution; (2) increase awareness among youth of the importance of public service; (3) establish a Mark O. Hatfield Fellows program for students of government, public policy, public health, education, or law who have demonstrated a commitment to public service through volunteer activities, research projects, or employment; (4) create library and research facilities; and (5) support the professional development of elected officials at all levels of government. (Sec. 106) Authorizes appropriations. Title II: Paul Simon Public Policy Institute - Authorizes the Secretary to award a grant to Southern Illinois University at Carbondale, Illinois, to establish an endowment fund to support the Paul Simon Public Policy Institute, which the University shall establish in order to receive such grant. (Sec. 202) Includes among the Institute's duties research, analysis, debate, and policy recommendations with respect to world hunger, mass media, foreign policy, education, and employment. (Sec. 206) Authorizes appropriations. Title III: Howard Baker School of Government - Authorizes the Secretary to award a grant to the University of Tennessee in Knoxville, Tennessee, to establish the Howard Baker School of Government and its endowment fund. (Sec. 303) Requires the School to further the study of democratic institutions and public affairs, among other duties. (Sec. 304) Requires the School to operate with the guidance of a Board of Advisors. (Sec. 306) Authorizes appropriations. Title IV: John Glenn Institute for Public Service and Public Policy - Authorizes the Secretary to award a grant to Ohio State University in Columbus, Ohio, to establish the John Glenn Institute for Public Service and Public Policy and its endowment fund. (Sec. 402) Requires the Institute to further the study of public service and public policy issues, among other duties. (Sec. 406) Authorizes appropriations.
Bill· HRH.R. 4809 (105th)referred
United States · United States Congress · 12 October 1998
Amends the Internal Revenue Code to permit the State of Hawaii, notwithstanding any law or rule of law, to claim a refund or credit resulting from any tax overpayment on fuel purchased by the State during calendar years 1992 or 1993, if a claim is filed within 18 months of enactment.
Bill· HRH.R. 4770 (105th)open
United States · United States Congress · 9 October 1998
Democratic Rights for Union Members Act of 1998 - Amends the Labor-Management Reporting and Disclosure Act of 1959 to allow a trusteeship (for authorization control of a union) to be authorized only after a fair hearing either before the executive board or another body provided by the constitution and bylaws of the labor organization. Requires a labor organization to show by clear and convincing proof that the continuation of the trusteeship is necessary for an allowable purpose in order to prevent it from being presumed invalid in specified proceedings under the Act and having its discontinuance decreed, automatically 18 months after its authorization. Authorizes the court, if the labor organization makes such a successful showing for continuation, to dismiss the complaint or retain jurisdiction of the cause on such conditions and for such period as it deems appropriate. Requires, upon dissolution of a trusteeship, the previously elected officers of the local union to be reinstated or a new election promptly held. Directs a court to supervise such an election if it has ordered an election after it has dissolved a trusteeship. Requires elections at least once every four years, by secret ballot among members in good standing, of officers of intermediate bodies, such as general committees, system boards, joint boards or joint councils who engage in negotiation, administration or enforcement of collective agreements, or exercise control over the finances or other major functions of local unions. Allows officers of other intermediate bodies to be elected by representatives of such members who have been elected by secret ballot.
Bill· SS. 2550 (105th)referred
United States · United States Congress · 5 October 1998
Amends the Internal Revenue Code to permit the State of Hawaii, notwithstanding any law or rule of law, to claim a refund or credit resulting from any tax overpayment on fuel purchased by the State during calendar years 1992 or 1993, if a claim is filed within 18 months of enactment.
Bill· HRH.R. 4693 (105th)referred
United States · United States Congress · 2 October 1998
TABLE OF CONTENTS: Title I: Tuscarora Nation of the Kau-ta-noh Title II: Qutekcak Native Tribe Title I: Tuscarora Nation of the Kau-ta-Noh - Tuscarora Nation of the Kau-ta-Noh Recognition Act - Extends Federal recognition to the Tuscarora Nation of the Kau-ta-Noh of North Carolina. Directs: (1) the Secretary of the Interior to take land within the boundaries of Hoke County, Robeson County, and Wilson County, North Carolina, into trust for the Tuscarora Tribe if the Tribe transfers such land to the Secretary within two years; and (2) that such land be the Tribe's initial reservation. Requires: (1) the Tribe, not later than 18 months after the enactment of this Act, to submit a membership roll consisting of all individuals who are members of the Tribe; (2) the Secretary, upon the completion of the roll, to publish notice of such in the Federal Register; and (3) the Tribe to ensure that the role is maintained and kept current. Allows the Tribe to organize for its common welfare and adopt an appropriate instrument, in writing, to govern its affairs when acting in its governmental capacity. Permits the Tribe's governing body, not less than 24 months after enactment, to propose a new governing document or amendments or revisions to the interim governing document, and requires the Secretary to conduct a tribal election as to the adoption of that proposed document not later than six months after that document is transmitted to the Secretary. Provides that, until the Tribe adopts and the Secretary approves a new governing document, the Tribe's interim governing document shall be its constitution. Title II: Quteckcak Native Tribe - Qutekcak Native Tribe Recognition Act - Extends Federal recognition to, and sets forth provisions similar to provisions of title I regarding, the Qutekcak Native Tribe of Alaska.
Bill· HRH.R. 4670 (105th)referred
United States · United States Congress · 1 October 1998
Women and Children's Resources Act - Mandates annual grants to States for programs to provide: (1) information, education, and counseling on alternatives to abortion and on sexual abstinence, pregnancy testing and follow-up services, and prenatal and postpartum health; and (2) related services, items, and assistance. Makes eligible persons who are: (1) pregnant, the parent or guardian of an infant under 12 months old, or the partner of those individuals; and (2) under a specified income level. Prohibits the programs from performing or making referrals for abortions or providing or making referrals for information, education, or counseling that presents abortion as a pregnancy option. Requires States to carry out the programs through nonprofit private entities, but excludes entities with activities during the preceding five years that present abortion as an option. (Sec. 4) Allows a State to contract with religious organizations on the same basis as any other nongovernmental provider without impairing the religious character of the organization and without diminishing the religious freedom of beneficiaries. Requires that programs be implemented consistent with the establishment clause of the Constitution. Prohibits the Federal and State Governments from discriminating against an organization on the basis that the organization has a religious character. Prohibits a contracting religious organization from discriminating against an individual on the basis of religion, religious belief, or refusal to actively participate in a religious practice. Declares that these provisions do not preempt any provision of a State constitution or State statute restricting the expenditure of State funds in or by religious organizations. (Sec. 6) Sets forth a formula for the allotment of funds to the States. (Sec. 10) Authorizes appropriations.
Bill· SS. 2497 (105th)referred
United States · United States Congress · 18 September 1998
Late-Term Abortion Limitation Act of 1998 - Amends the Federal criminal code to prohibit a physician from intentionally aborting a viable fetus unless the physician, prior to performing the abortion, and an independent physician who will not perform nor be present at the abortion and who was not previously involved in the treatment of the mother certify in writing that continuation of the pregnancy would threaten the mother's life or risk grievous injury to her physical health. Bars the prosecution of a woman who has had an abortion after fetal viability for conspiring to violate such prohibition or for specified offenses, such as being an accessory after the fact. Makes the certification requirements of this Act inapplicable when, in the medical judgment of the physician performing the abortion based on the particular facts of the case, there exists a medical emergency. Requires such physician, after the abortion has been completed, to certify in writing the specific medical condition which formed the basis for determining that a medical emergency existed. Authorizes the Attorney General, or specified other officials, to commence a civil action in U.S. district court to enforce this Act. Directs the court, upon a finding by the court that the respondent in such an action has knowingly violated this Act, to notify the appropriate State medical licensing authority to suspend the respondent's medical license, assess a civil penalty of up to $100,000, or both. Provides for license revocation, a civil penalty of up to $250,000, or both for subsequent offenses. Sets forth provisions regarding: (1) hearings to determine penalties; and (2) certification requirements to the court regarding the provision of notice to State or local officials of alleged violations and the belief that action by the United States is in the public interest. Directs the Secretary of Health and Human Services to: (1) publish proposed regulations for the filing of certifications by physicians under this Act; and (2) promulgate regulations to ensure confidentiality. Requires a State and its medical licensing authority to develop regulations and procedures for the revocation or suspension of the medical license of a physician who violates this Act. Subjects States failing to implement such procedures to loss of funding under title XIX of the Social Security Act (Medicaid). Specifies that the requirements of this Act shall not apply with respect to post-viability abortions in a State if there is a State law in effect that regulates, restricts, or prohibits such abortions to the extent permitted by the U.S. Constitution.
Resolution· HRESH.Res. 545 (105th)passed
United States · United States Congress · 18 September 1998
Impeaches Kenneth W. Starr, an independent counsel of the United States, for high crimes and misdemeanors. Includes among articles of impeachment: (1) usurping the power of impeachment that vests exclusively in the House of Representatives and impeding the exercise of such power by the House; (2) unconstitutionally undermining the office of President and impeding the President's ability to discharge his duties; (3) unconstitutionally arrogating unto himself powers assigned to the Federal courts, undermining the institution of the grand jury, and undermining the office of independent counsel and other offices charged with investigating and prosecuting crimes against the United States; (4) embarrassing the United States before the international community and undermining the ability of the three branches to discharge duties assigned under the Constitution; and (5) violating the oath he took to support and defend the Constitution.
Bill· HJRESH.J.Res. 129 (105th)referred
United States · United States Congress · 16 September 1998
Constitutional Amendment - Grants each victim of a crime of violence the right: (1) to reasonable notice of, and not to be excluded from, all public proceedings relating to the crime; (2) to 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; (3) to the foregoing rights at a parole proceeding that is not public, to the extent such rights are afforded to the convicted offender; (4) to reasonable notice of a release or escape from custody relating to the crime; (5) to consideration for the victim's interest in a trial free from unreasonable delay; (6) to a restitution order from the convicted offender; (7) to consideration for the victim's safety in determining any release from custody; and (8) to reasonable notice of such rights. Provides that: (1) only the victim or the victim's representative shall have standing to assert such rights; and (2) such rights shall apply in all Federal proceedings.
Bill· HRH.R. 4545 (105th)open
United States · United States Congress · 10 September 1998
Code of Conduct on Arms Transfers Act of 1998 - Prohibits U.S. military assistance and arms transfers to a foreign government unless the President certifies to the Congress that the government: (1) meets specified conditions regarding democracy, including that it was chosen by free and fair elections and promotes civilian control of the military, the rule of law, and respect for individual rights; (2) does not engage in human rights violations, investigates and prosecutes those responsible for human rights violations, permits access to political prisoners by international organizations, and provides access to such organizations in situations of conflict or famine; (3) is not engaged in acts of armed aggression in violation of international law; and (4) is participating in the United Nations Register of Conventional Arms. Authorizes the President to request from the Congress an exemption from such prohibition, stating that: (1) it is in the national security interest to provide military assistance and arms transfers to a government; or (2) an emergency exists under which it is vital to the U.S. interest to do so. Makes the exemption effective upon such request, unless disapproved by the Congress. Directs the President to: (1) compile a list of countries that do not meet the requirements of this Act; (2) notify the governments participating in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual Use Goods and Technologies, done at Vienna, July 11 and 12, 1996, that the listed countries are ineligible to receive U.S. arms sales and military assistance; and (3) request that the notified countries also declare the listed countries as ineligible for arms sales and military assistance. Requires the President to continue efforts through the United Nations and other international fora, such as the Wassenaar Arrangement, to limit arms transfers worldwide, particularly transfers to the listed countries, for the purpose of establishing a permanent multilateral regime to govern the transfer of conventional arms. Directs the President, in conjunction with the submission of the annual congressional presentation documents for foreign assistance programs, to report to the Congress on progress made toward establishing such regime.
Bill· SS. 2445 (105th)referred
United States · United States Congress · 8 September 1998
Federalism Enforcement Act of 1998 - Directs executive agencies, when formulating and implementing policies that have federalism implications, to: (1) strictly adhere to constitutional principles and closely examine the constitutional and statutory authority supporting any Federal action that would limit the policy making direction of the States; (2) take Federal action limiting the policy making discretion of the States only where constitutional authority for the action is clear and certain and the national activity is necessitated by the presence of a problem of national scope; (3) recognize the distinction between problems of national scope and problems that are merely common to the States; (4) recognize that constitutional authority for Federal action is clear and certain only when authority for the action may be found in a specific provision of the Constitution, when there is no provision in the Constitution prohibiting Federal action, and when the action does not encroach upon authority reserved to the States; (5) encourage States to develop their own policies to achieve program objectives and to work with officials in other States; (6) refrain from establishing uniform, national standards for programs and, when possible, defer to the States to establish standards; and (7) consult with officials and organizations representing the States in developing national standards when required. States that: (1) the national Government should grant the States the maximum administrative discretion possible with respect to national policies administered by the States; and (2) intrusive Federal oversight of State administration is neither necessary nor desirable. Requires observation of the following special requirements for preemption of State law: (1) agencies should construe a Federal statute to preempt only when it contains an express preemption provision, when there is some other firm and palpable evidence compelling the conclusion that the Congress intended preemption, or when the exercise of State authority directly conflicts with the exercise of Federal authority under the statute; (2) such agencies should construe any authorization in the statute for the issuance of regulations as authorizing preemption only when the statute expressly authorizes issuance of preemptive regulations or when there is other evidence compelling the conclusion that the Congress intended to delegate preemption authority; (3) any regulatory preemption should be restricted to the minimum level necessary to achieve the objectives of the statute; (4) an agency that foresees the possibility of a conflict between State law and federally protected interests should consult with State officials and organizations to avoid such a conflict; and (5) an agency that proposes to act through adjudication or rulemaking should provide all affected States notice and an opportunity for participation in the proceedings. Expresses the sense of the Congress that executive departments and agencies should not submit to the Congress legislation that would: (1) regulate the States so as to interfere with functions essential to the their separate and independent existence or their freedom to structure integral operations; (2) attach to Federal grants conditions unrelated to such grant; or (3) preempt State law unless consistent with the principles of federalism and unless a clearly legitimate national purpose cannot otherwise be met. Requires the head of each executive department and agency to designate an official responsible for implementing this Act, who shall determine which proposed policies have sufficient federalism implications to warrant the preparation of a federalism assessment. Provides assessment requirements. Directs the Office of Management and Budget to ensure that the policies of executive departments and agencies are consistent with the principles, criteria, and requirements set forth under this Act. Requires such departments and agencies to identify proposed regulatory and statutory provisions that have significant federalism implications and to address any substantial federalism concerns.
Bill· HRH.R. 4434 (105th)open
United States · United States Congress · 6 August 1998
Graton Rancheria Restoration Act - Restores Federal recognition and associated rights, privileges, and eligibility for Federal services and benefits to the Indians of the Graton Rancheria of California (the Tribe). Requires the Secretary of the Interior, upon application by the Tribe, to accept in trust for the Tribe any real property located in Marin or Sonoma County, California, after the property is conveyed to the Secretary if there are no adverse legal claims to such property. Provides that any such property shall: (1) be part of the Tribe's reservation; (2) not be exempt from the Indian Gaming Regulatory Act; and (3) be exempt from all local, State, and Federal taxation. Directs the Secretary to compile a membership roll of the Tribe not later than one year after the date of the enactment of this Act. Provides for: (1) an Interim Tribal Council to be the Tribe's governing body; (2) an election to ratify a Tribal constitution; and (3) the election of Tribal officials under such constitution.
Bill· HJRESH.J.Res. 127 (105th)referred
United States · United States Congress · 6 August 1998
Constitutional Amendment - Requires election of an officer of the United States with the responsibilities of the Attorney General whenever an election for the President is held.
Resolution· HCONRESH.Con.Res. 323 (105th)referred
United States · United States Congress · 6 August 1998
Expresses the sense of the Congress that: (1) the Attorney General should be an elected officer of the Federal Government; and (2) the Congress should propose an amendment to the Constitution providing for the independent election of the Attorney General.
Resolution· HCONRESH.Con.Res. 316 (105th)referred
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.
Resolution· HCONRESH.Con.Res. 314 (105th)referred
United States · United States Congress · 3 August 1998
Expresses: (1) sincere appreciation for the military service of Lieutenant Colonel David H. Pickett, Private First Class Earnest Dawson, Jr., and Chief Warrant Officer Daniel Scott; and (2) deepest sympathy to the families of David H. Pickett and Earnest Dawson, Jr., for their tragic and wrongful deaths; (3) profound regret that the available remedies have failed to bring Ferman Hernandez and Serveriano Fuentes, the men responsible for executing Pickett and Dawson, to justice. Declares that: (1) the United States should improve the legal protections for its military personnel who serve in foreign lands and their families; and (2) the Government of El Salvador should amend its Constitution to permit the extradition of Hernandez and Fuentes to the United States for trial. Urges the President to: (1) continue efforts to obtain the extradition of Hernandez and Fuentes; (2) initiate changes to the Geneva Convention and other international agreements that would prevent amnesty from being used to deny redress for grave breaches of the Geneva Convention; (3) initiate other changes to the Geneva Convention and other relevant international agreements to ensure and improve the legal protections for U.S. military personnel serving in foreign lands and their families; (4) examine all status-of-forces agreements and similar agreements and obtain revisions to ensure that the legal protections for U.S. military personnel will not suffer another failure; (5) encourage other countries to enact laws substantially similar to the War Crimes Act of 1996; and (6) report to the Congress at least annually regarding the actions taken and the progress made.
Bill· HRH.R. 4375 (105th)referred
United States · United States Congress · 31 July 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 Subtitle C: Castano Actions 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 dollars 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) Declares that it is 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. Subtitle C: Castano Actions - Provides that the rights and benefits afforded in titles III and V are provided in settlement of, and shall constitute the exclusive remedy for the purpose of determining, civil liability as to addiction-dependency claims asserted in specified civil actions against the manufacturers of cigarettes and others (referred to as Castano actions). Preempts and settles all bases for any such claim under State laws, with reservation of the rights of individual class members to pursue their claims in a civil action not based on addiction or dependency in accordance with this Act. Specifies that, for purposes of determining the applicable statute of limitation or repose, individual actions filed by those who were included within such class actions shall be considered to have been filed as of the filing date of the original class action. Establishes an Arbitration Panel for purposes of awarding attorney's fees and expenses relating to litigation affected by, or legal services that resulted in, this Act. Sets forth provisions regarding the right to petition the Panel, criteria in making awards, appeal and enforcement, the source and payment of awards, and the validity and enforceability of private agreements with respect to the allocation or division of attorney's fees. Title IX: Definitions - Sets forth definitions for this Act.
Bill· SS. 2373 (105th)referred
United States · United States Congress · 30 July 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) designate an employee or judicial officer who is 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. 4) 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 at least one ADR process. 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, if the parties consent, arbitration. Sets forth provisions regarding actions exempted from consideration of ADR, authority of the Attorney General, and confidentiality. (Sec. 5) Requires each district court that authorizes the use of ADR processes to adopt appropriate processes for making neutrals available for use by the parties for each category of process offered. Sets forth provisions regarding neutral selection, qualifications, and training. (Sec. 6) Authorizes a district court to allow the referral to arbitration of any civil action pending before it when the parties consent, 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. 7) Entitles arbitrators in an ADR program to the immunities and protections that the law accords to persons serving in a quasi-judicial capacity. (Sec. 8) 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. 9) 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. 10) 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. 11) Authorizes appropriations.
Resolution· SCONRESS.Con.Res. 109 (105th)referred
United States · United States Congress · 23 July 1998
Calls for executive agencies, when formulating and implementing policies that have federalism implications, to: (1) strictly adhere to constitutional principles and closely examine the constitutional and statutory authority supporting any Federal action that would limit the policy making direction of the States; (2) take Federal action limiting the policy making discretion of the States only where constitutional authority for the action is clear and certain and the national activity is necessitated by the presence of a problem of national scope; (3) recognize the distinction between problems of national scope and problems that are merely common to the States; (4) recognize that constitutional authority for Federal action is clear and certain only when authority for the action may be found in a specific provision of the Constitution, when there is no provision in the Constitution prohibiting Federal action, and when the action does not encroach upon authority reserved to the States; (5) encourage States to develop their own policies to achieve program objectives and to work with officials in other States; (6) refrain from establishing uniform, national standards for programs and, when possible, defer to the States to establish standards; and (7) consult with officials and organizations representing the States in developing national standards when required. States that: (1) the national Government should grant the States the maximum administration discretion possible with respect to national policies administered by the States; and (2) intrusive Federal oversight of State administration is neither necessary nor desirable. Calls for observation of the following special requirements for preemption of State law: (1) agencies should construe a Federal statute to preempt only when it contains an express preemption provision, when there is some other firm and palpable evidence compelling the conclusion that the Congress intended preemption, or when the exercise of State authority directly conflicts with the exercise of Federal authority under the statute; (2) if a Federal statute does not preempt, such agencies should construe any authorization in the statute for the issuance of regulations as authorizing preemption by rule making only when the statute expressly authorizes issuance of preemptive regulations or when there is some other such evidence compelling the conclusion that the Congress intended to delegate preemption authority; (3) any regulatory preemption should be restricted to the minimum level necessary to achieve the objectives of the statute; (4) an agency that foresees the possibility of a conflict between State law and federally protected interests should consult with State officials and organizations to avoid such a conflict; and (5) an agency that proposes to act through adjudication or rule making should provide all affected States notice and an opportunity for participation in the proceedings.
Bill· SS. 2334 (105th)open
United States · United States Congress · 21 July 1998
TABLE OF CONTENTS: Title I: Export and Investment Assistance Title II: Bilateral Economic Assistance Title III: Military Assistance Title IV: Multilateral Economic Assistance Title V: General Provisions Title VI: Multilateral Economic Assistance Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1999 - Title I: Export and Investment Assistance - Makes appropriations for FY 1999 for: (1) direct loans, loan guarantees, tied-aid grants, insurance, and administrative expenses under Export-Import Bank programs (with a bar on such assistance for enterprises or programs in the New Independent States (of the former Soviet Union) which are majority-owned or -managed by state entities); (2) Overseas Private Investment Corporation (OPIC) direct and guaranteed loans and administrative expenses (limiting the availability of certain funds until OPIC reports to the Committees on Appropriations on measures taken to establish sector specific investment funds, including regional investment initiatives in Georgia, Armenia, and Azerbaijan through the Caucasus Fund); and (3) the Trade and Development Agency. Title II: Bilateral Economic Assistance - Makes appropriations for FY 1999 for: (1) expenses of the President in carrying out certain programs under the Foreign Assistance Act of 1961; (2) the Agency for International Development (AID) for specified development assistance (earmarking up to certain amounts for the Inter-American Foundation and the African Development Foundation); (3) specified projects aimed at reunification of Cyprus; (4) democracy and humanitarian activities in Burma; (5) economic assistance and development assistance for Indonesia; (6) economic assistance and development assistance for research, conservation, training and related activities for the Province of the Galapagos Islands, Ecuador (Mitch McConnell Conservation Fund); (7) international disaster assistance; (8) Department of the Treasury international affairs technical assistance activities; (9) debt restructuring; (10) micro and small enterprise development programs; (11) the urban and environmental credit program account; (12) private and voluntary organizations that receive 20 percent or more of their funding from non-Federal sources; (13) the Foreign Service Retirement and Disability Fund; (14) operating expenses of AID and the AID Office of Inspector General; (15) Economic Support Fund (ESF) assistance (earmarking amounts for Israel, Egypt, and Jordan, and victims of and programs related to the Holocaust); (16) economic assistance for Eastern Europe and the Baltic States (earmarking amounts for Bosnia and Herzegovina, subject to specified conditions); (17) assistance for the New Independent States of the former Soviet Union (earmarking amounts for the Ukraine, with certain conditions, Georgia, Armenia, and Mongolia); (18) the Peace Corps (but no funds for abortions); (19) international narcotics control (earmarking amounts for Law Enforcement Training and Demand Reduction and for the operation of the International Law Enforcement Academy for the Western Hemisphere at the deBremmond Training Center in Roswell, New Mexico); (20) migration and refugee assistance (earmarking amounts for refugees from the former Soviet Union and Eastern Europe and other refugees resettling in Israel); (21) the Emergency Refugee and Migration Assistance Fund; and (22) nonproliferation, anti-terrorism, demining and related programs and activities (specifying conditions on funds for the Korean Peninsula Energy Development Organization (KEDO)). Bars the use of development assistance funds for: (1) coercive abortions or involuntary sterilizations; and (2) U.S. private and voluntary organizations which obtain less than 20 percent of annual funding from sources other than the U.S. Government. Bars the use of funds for activities and programs for Cambodia until the Secretary of State determines and reports to the Committees on Appropriations that Cambodia has held free and fair elections. Prohibits the availability of funds to: (1) Azerbaijan until the President reports to the Congress that it is taking steps to cease all blockades and other offensive uses of force against Armenia and Nagorno-Karabakh; and (2) Russia unless the President certifies to the Committees on Appropriations that it has terminated arrangements to provide Iran with technology to develop a nuclear program, or ballistic missiles. Title III: Military Assistance - Makes appropriations for FY 1999 for: (1) international military education and training assistance (IMET) (with conditions on the use of funds by Guatemala); (2) foreign military financing and direct loans (earmarking amounts for Israel, Egypt, Jordan, Estonia, Latvia, Lithuania, Tunisia, and Poland, Hungary, and the Czech Republic (for integration into the North Atlantic Treaty Organization (NATO)); and (3) international peacekeeping operations (subject to obligation only through the notification procedures of the Committees on Appropriations). Prohibits foreign military financing for Sudan, Liberia, and Guatemala. Title IV: Multilateral Economic Assistance - Makes appropriations for FY 1999 for the U.S. contribution to the: (1) International Development Association; (2) Inter-American Development Bank; (3) Asian Development Bank; and (4) European Bank for Reconstruction and Development. Makes appropriations for FY 1999 for international programs and organizations. Sets certain restrictions on international organization funding, including prohibiting the use of funds for the United Nations Fund for Science and Technology. Prohibits the use of funds for the KEDO or the International Atomic Energy Agency (IAEA). Title V: General Provisions - Sets forth limits on the use of appropriations, including no more than specified maximums for official residence expenses, entertainment expenses, and representation allowances for AID, and for entertainment and representation allowances for the Inter-American Foundation and the Trade and Development Agency. Limits the use of funds for entertainment expenses of the Peace Corps, or under IMET. (Sec. 502) Prohibits the use of funds for: (1) bilateral funding of international financial institutions; (2) the export of nuclear equipment, fuel, or technology (except for nuclear safety purposes); (3) direct assistance or reparations to Cuba, Iraq, Libya, North Korea, Iran, Sudan, or Syria; (4) assistance to any country whose duly elected head of government is deposed by military coup or decree; (5) certain transfers between appropriations accounts without presidential consultation with the Congress; (6) assistance to any country in default in excess of a year on payments on a U.S. loan (except for Nicaragua and narcotics-related assistance for Colombia, Bolivia, and Peru); and (7) assistance for certain commodities likely to be in surplus on world markets if it will cause substantial injury to U.S. producers of a similar commodity. (Sec. 514) Directs the Secretary of the Treasury to instruct the U.S. Executive Directors of specified international financial institutions to oppose any assistance for the production or extraction of any commodity or mineral for export if it is in surplus on world markets and such assistance will cause substantial injury to U.S. producers of a similar commodity. (Sec. 516) Prohibits the availability of international organization funds, at the President's discretion, for certain Communist countries. (Sec. 517) Declares it is U.S. policy that appropriations for ESF funds allocated to Israel shall not be less than the annual debt repayment from Israel to the United States. (Sec. 518) Prohibits the use of development assistance funds for abortions or involuntary sterilizations as methods of family planning or to motivate or coerce any person to practice abortions, or provide any financial incentive to undergo sterilization. (Sec. 519) Declares that nongovernmental and multilateral organizations shall not be subjected to requirements more restrictive than requirements for foreign governments in determining eligibility for population planning assistance. (Sec. 520) Directs the President to report to the appropriate congressional committees on the cultivation, production, and transshipment of opium by North Korea (and annually thereafter as part of the International Narcotics Control Strategy Report under the Foreign Assistance Act of 1961). (Sec. 521) Prohibits the use of funds for Colombia, India, Haiti, Liberia, Pakistan, Serbia, Sudan, or the Democratic Republic of Congo, except through the regular notification procedures of the Committees on Appropriations. (Sec. 523) Makes funds available to AID for family planning, health, child survival, and basic education and AIDS research and control in developing countries. (Sec. 524) Bars funding for indirect assistance to Cuba, Iraq, Libya, Iran, Syria, North Korea, or China unless the President certifies that the withholding of such funds is contrary to U.S. national security interests. (Sec. 525) Amends the Arms Export Control Act to extend the President's waiver authority with respect to reciprocal leasing through the current year. (Sec. 526) Requires the Department of Defense (DOD) to notify the Committees on Appropriations before providing excess DOD articles to certain NATO and major non-NATO countries. (Sec. 528) Prohibits bilateral assistance funds to any country which the President determines grants sanctuary from prosecution to any individual or group which has committed an act of international terrorism or otherwise supports such activities. Authorizes a waiver by the President for national security and humanitarian reasons, requiring notification to the Committees on Appropriations. (Sec. 529) Authorizes the commercial leasing of defense articles (instead of government-to-government sale) to Israel, Egypt, NATO, and major non-NATO allies if the President determines that there are compelling foreign policy or national security reasons. (Sec. 530) Requires all AID contracts and subcontracts to include a clause requiring that U.S. insurance companies have a fair opportunity to bid when insurance is necessary or appropriate. (Sec. 531) Prohibits U.S. sale of Stinger missiles in the Persian Gulf region, with certain exceptions. (Sec. 532) Authorizes nongovernmental organizations which are AID grantees or contractors to place funds made available to them under this Act in interest bearing accounts in order to enhance their participation in economic activities under the Foreign Assistance Act of 1961, including endowments and debt-for-development and debt-for-nature exchanges. (Sec. 535) Bars assistance to any country that is not in compliance with the United Nations (UN) sanctions against Iraq, unless the President certifies to the Congress that such assistance: (1) is in the national interest; (2) will directly benefit the needy people in that country; or (3) will be humanitarian assistance for foreign nationals who have fled Iraq and Kuwait. (Sec. 537) Declares that provisions under this or any other Act authorizing appropriations for foreign operations or export financing shall not be construed to prohibit activities authorized by the Peace Corps Act, the Inter-American Foundation Act, or the African Development Foundation Act. (Sec. 538) Prohibits the use of funds to provide: (1) any financial incentive to induce a business to relocate outside the United States if it will reduce the number of employees in the United States; (2) assistance for establishing or developing in a foreign country an export processing zone or other designated area in which a country's tax, tariff, labor, environment, and safety laws do not apply to activities in the area, unless the President certifies that such assistance is not likely to cause a loss of U.S. jobs; or (3) assistance for any project that contributes to the violation of internationally recognized workers rights in the recipient country. (Sec. 539) Declares that no sanction, prohibition, or restriction against Serbia or Montenegro shall cease to be effective, unless the President certifies to the Congress there is substantial progress toward self-determination in Kosova and substantial improvement in the human rights situation there. (Sec. 540) Declares that funds appropriated under this Act for Afghanistan, Lebanon, and for victims of war, displaced children, displaced Burmese, humanitarian assistance for Romania, and humanitarian assistance for the peoples of Kosova, may be made available notwithstanding any other provision of law. Authorizes the use of foreign assistance funds to support tropical forestry and biodiversity conservation activities. Authorizes AID to employ personal services contractors to administer programs for the West Bank and Gaza. (Sec. 541) Expresses the sense of the Congress with respect to: (1) immediate public renunciation by Arab League countries of the boycott of Israel and American firms having commercial ties with Israel; and (2) steps the President should take to encourage such renunciation. (Sec. 542) Authorizes the use of ESF funds to strengthen the administration of justice in countries in Latin America, the Caribbean, and in other regions. (Sec. 543) Declares that restrictions on assistance to foreign countries contained in this Act or any other Act (except those relating to international terrorism or human rights violations) shall not be construed to restrict assistance: (1) in support of certain programs of nongovernmental organizations; or (2) under the Agricultural Trade Development and Assistance Act of 1954. (Sec. 544) Authorizes the reprogramming of earmarked appropriations for other programs within the same account, provided certain requirements are met. (Sec. 546) Prohibits the use of funds for publicity or propaganda purposes within the United States that were not authorized before the enactment of this Act. (Sec. 547) Declares that, to the maximum extent possible, assistance provided under this Act should make full use of American resources, including commodities, products, and services. Expresses the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased with funds under this Act should be American-made. Requires Federal agency heads, in providing financial assistance to or entering into any contract with any entity using funds made available in this Act, to notify such entity of this intention. (Sec. 548) Prohibits the use of funds to pay any assessments, arrearages, or dues of any UN member. (Sec. 550) Prohibits the provision of funds to a private voluntary organization that fails to provide any document, file, or record necessary to the auditing requirements of AID. (Sec. 551) Prohibits the provision of funds to any foreign government that provides lethal military equipment to a country determined to have a terrorist government, unless it is in the U.S. national interest. (Sec. 552) Withholds assistance to a foreign country in an amount equal to 110 percent of the total unpaid parking fines and penalties owed by the country to the District of Columbia. (Sec. 553) Prohibits the obligation of any appropriations for the Palestine Liberation Organization (PLO) for the West Bank and Gaza unless the President has exercised certain authorities to suspend prohibitions on assistance to the PLO. (Sec. 554) Permits the President to provide up to a specified amount of commodities and services to the UN War Crimes Tribunal if doing so will contribute to a just resolution of charges regarding genocide or other violations of international law in the former Yugoslavia. (Sec. 555) Declares it is the policy of the U.S.Government to sign the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction as soon as practicable. Authorizes disposal on a grant basis in foreign countries of demining equipment used in support of the clearing of land mines and unexploded ordnance for humanitarian purposes. (Sec. 556) Prohibits the obligation of appropriations to create in Jerusalem a new U.S. agency office for the purpose of conducting U.S. business with the Palestinian Authority over Gaza and Jericho (or any successor Palestinian governing entity) provided for in the Israel-PLO Declaration of Principles. (Sec. 557) Prohibits the obligation of certain funds appropriated for Informational Program activities to pay for: (1) alcoholic beverages; (2) food (other than food provided at a military installation) not provided in conjunction with Informational Program trips where students do not stay at a military installation; or (3) entertainment expenses for recreational activities. (Sec. 558) Authorizes the President to reduce amounts owed to the United States by eligible countries as a result of: (1) housing guarantees made under the Foreign Assistance Act of 1961; or (2) credits extended or guarantees issued under the Arms Export Control Act. Allows exercise of such debt reduction authority only with respect to countries with heavy debt burdens that are eligible to borrow from the International Development Association but not from the International Bank for Reconstruction and Development (IDA-only countries). Specifies further conditions on the exercise of such authority. (Sec. 559) Authorizes the President to engage in certain debt buybacks or sales. Authorizes sale, reduction, or cancellation of certain loans to foreign governments, upon receipt of payment from an eligible purchaser that plans to use such loans only for the purposes of engaging in debt-for-equity swaps, debt-for-development swaps, or debt-for-nature swaps. Limits such authority to funds appropriated by this Act under the heading of debt restructuring. (Sec. 560) Prohibits provision to the Government of Haiti of any funds appropriated by this Act until the President reports to specified congressional committees that such Government: (1) has completed privatization of (or placed under long-term private management or concession) three major public entities; (2) has re- signed the bilateral Repatriation Agreement with the United States (and that in the six months preceding such report it has been cooperating with the United States in halting illegal emigration from Haiti); (3) is conducting thorough investigations of extrajudicial and political killings; (4) is cooperating with U.S. authorities in such investigations; (5) has taken action to remove from the Haitian National Police, national palace and residential guard, ministerial guard, and any other public security entity individuals who have committed human rights violations; and (6) has ratified in the Haitian National Assembly the counter-narcotics agreements signed in October 1997. Makes such prohibition inapplicable to humanitarian or counter narcotics assistance, or support for the Haitian National Police's Special Investigations Unit, the International Criminal Investigative Assistance Program (ICITAP), or anti-corruption programs for the Haitian National Police. Authorizes the availability of appropriations to support elections in Haiti when the President reports to the Congress that the Government of Haiti: (1) has achieved a transparent settlement of the contested April 1997 elections; and (2) has made progress on the constitution of a provisional election council with the agreement of a broad spectrum of political parties, alliances and party conferences, not to be limited to factions of the Lavalas movement. Authorizes appropriations for the development and support of political parties in Haiti. Authorizes the President to waive the requirements under this section on a semiannual basis upon determination and certification to the appropriate congressional committees that it is in the U.S. national interest. (Sec. 561) Requires a specified annual report of the Secretary of State containing the voting record of each foreign member country of the UN to include a side-by-side comparison of each country's overall support for the United States at the UN and the amount of U.S. assistance provided to it in FY 1998. (Sec. 562) Requires the Secretary of Labor to report to the Committees on Appropriations on labor practices in Burma. (Sec. 563) Makes the Government of Haiti eligible to purchase U.S. defense articles and services for the civilian-led Haitian National Police and Coast Guard. (Sec. 564) Prohibits the use of funds to the security forces of a foreign country if the Secretary of State believes they have committed gross violations of human rights, unless the Secretary reports to the Committees on Appropriations that such country is taking steps to bring the responsible persons to justice. (Sec. 565) Requires U.S. opposition to loans to the Government of Cambodia by international financial institutions unless: (1) Cambodia has held free and fair elections; (2) during the 12 months before such elections, no candidate of any opposition party was murdered; (3) all political candidates were permitted freedom of speech, assembly, and equal access to the media; (4) voter registration and participation rates did not exceed the eligible population in any region; (5) refugees and overseas Cambodians were permitted to vote; (6) the Central Election Commission was composed of representatives from all parties; and (7) international monitors were accorded appropriate access to polling sites. (Sec. 566) Requires that any agreement between the United States and the Government of Indonesia for the sale of lethal weapons shall state that such items will not be used in East Timor. (Sec. 567) Prohibits the United States from paying any voluntary or assessed contributions to the UN, including the UN Development Program, unless the President certifies to the Congress 15 days in advance of such payment that the UN is not engaged in any efforts to implement or impose any taxation on U.S. persons in order to raise revenue. (Sec. 568) Requires bilateral and multilateral assistance sanctions (except with respect to certain humanitarian, democratization, and related assistance) against countries harboring war criminals indicted with respect to the former Yugoslavia. Prohibits assistance for any project in which an indicted war criminal is known to have any financial or material interest. Provides a waiver of such prohibitions if the Secretary of State provides a determination to specified congressional committees that such assistance directly supports the implementation of the Dayton Agreement and its Annexes, which include the obligation to apprehend and transfer indicted war criminals to the International Criminal Tribunal for the Former Yugoslavia. Provides a limited waiver of such prohibitions with respect to any project of assistance for Brcko and Banja Luka if certain conditions are met. (Sec. 569) Authorizes for FY 1998 and 1999 the use of DOD funds for crating, packing, handling, and transportation of excess defense articles to countries that are eligible to participate in the Partnership for Peace and that are eligible for assistance under the Support for East European Democracy (SEED) Act of 1989. (Sec. 570) Makes funds available for FY 1999 for defense article stockpiles in foreign countries, including the Republic of Korea and Thailand. (Sec. 571) Prohibits the use of funds for the Government of the Russian Federation unless the President certifies to specified congressional committees that the Federation has not enacted laws or promulgated executive orders that discriminate against religious minorities in violation of international agreements on human rights and religious freedoms to which it is a party. (Sec. 572) Directs the President to provide: (1) to the Congress an account of all Federal agency obligations and expenditures for climate change programs and activities (domestic and international) for FY 1998 and 1999; and (2) any plan for programs thereafter in the context of negotiations to amend the Framework Convention on Climate Change (FCCC) in conjunction with the submission of the Budget of the U.S. Government for FY 2000. (Sec. 573) Directs the President to withhold a specified amount of foreign assistance funds (except development or humanitarian assistance) from countries that violate any UN sanction against Libya. (Sec. 574) Bars funds to the Government of the Democratic Republic of Congo until the President reports to the Congress that it is cooperating fully with investigators from the UN or any other international relief organizations in accounting for human rights violations committed there or in adjacent countries. (Sec. 576) Prohibits assistance for a Government of the New Independent States of the former Soviet Union unless it is making progress in implementing comprehensive economic reforms based on market principles, private ownership, respect for commercial contracts, and equitable treatment of foreign private investment. Prohibits assistance to such a Government, furthermore, if it: (1) applies or transfers U.S. assistance to any entity for the purpose of expropriating or seizing ownership or control of assets, investments, or ventures; or (2) directs any action in violation of the sovereignty of any other new independent state. Prohibits any assistance to enhance such a Government's military capability. Prohibits assistance to Russia until the Secretary of State certifies that agreement has been reached with it that such assistance is not taxed nor is subject to taxation. (Sec. 577) Amends the Foreign Assistance Act of 1961 to require the publication in the Federal Register of each required notice to the Congress of the transfer of certain excess defense articles to a foreign country. Requires the publication of only a statement that the Congress has been so notified in cases where the President concludes publication would be harmful to the national security of the United States. (Sec. 579) Requires the inclusion of specified additional information in a mandatory annual report by the Chairman of the National Advisory Council on International Monetary and Financial Policies regarding U.S. participation in international financial institutions. (Sec. 580) Prohibits the obligation of funds to the Palestinian Authority, subject to waiver on the grounds of U.S. national security interests. Title VI: Multilateral Economic Assistance - International Monetary Fund Appropriations Act of 1998 - Makes supplemental appropriations for FY 1998 for the U.S. contribution to: (1) the International Bank for Reconstruction and Development (World Bank); (2) the Inter-American Development Bank; (3) the Enterprise for the Americas Multilateral Investment Fund; and (4) the Asian Development Fund. Makes supplemental appropriations for FY 1998 for: (1) loans to the International Monetary Fund (IMF) under the New Arrangements to Borrow (equivalent to a specified amount of Special Drawing Rights); and (2) an increase in the U.S. IMF quota of Special Drawing Rights. Authorizes the use for the New Arrangements to Borrow of a specified amount of previously appropriated IMF Special Drawing Rights for the General Arrangements to Borrow. (Sec. 601) Prohibits funds appropriated for the U.S. IMF quota from being obligated, transferred, or made available to the IMF until 30 days after the Secretary of the Treasury certifies, to the appropriate congressional committees, that the major IMF shareholders, including the United States, Japan, the Federal Republic of Germany, France, Italy, the United Kingdom, and Canada have agreed to, and will seek to implement in the IMF, policies that provide for conditions in stand-by agreements or other arrangements regarding the use of IMF resources, requiring that the recipient country: (1) liberalize restrictions on trade in goods and services and on investment, at a minimum consistent with the terms of all international trade obligations and agreements; and (2) eliminate the practice or policy of government directed lending on non-commercial terms or provision of market distorting subsidies to favored industries, enterprises, parties, or institutions. Directs the United States to exert its influence with the IMF and its members to encourage it to include as part of its conditions of stand-by agreements or other uses of the IMF's resources that the recipient country take action to remove discriminatory treatment between foreign and domestic creditors in its debt resolution proceedings. Directs the United States to exert its influence with the IMF and its members to encourage it to include as part of its conditions of assistance that the recipient country take action to adopt modern insolvency (bankruptcy) laws that meet specified goals. (Sec. 602) Directs the Secretary of the Treasury to certify to the appropriate congressional committees that the IMF Board has agreed to provide timely access (transparency) by the Comptroller General to information and documents relating to IMF operations, program and policy reviews, and decisions regarding stand-by agreements and other uses of its resources. Requires the Secretary of the Treasury to direct, and the IMF U.S. Executive Director to agree, to provide access by the Comptroller General to IMF documents, information, and operations. (Sec. 603) Directs the President to establish an International Financial Institution Advisory Commission, which shall report to the appropriate congressional committees on the future role and responsibilities, if any, of the IMF and the merit, costs and related implications of consolidation of the organization, management, and activities of the IMF, the World Bank, and the World Trade Organization (WTO). (Sec. 604) Directs the President to call for a Bretton Woods Conference of representatives of the member countries of the IMF, the World Bank, and the WTO to consider their structure, management and activities, their possible merger, and their capacity to contribute to exchange rate stability and economic growth and to respond effectively to financial crises. (Sec. 605) Requires the Secretary of the Treasury, following extension of a stand-by agreement or other uses of resources by the IMF, to report to the appropriate congressional committees specified information about: (1) borrower's rules and regulations; (2) the burden shared by private sector investors and creditors, including commercial banks in the Group of Seven Nations, in the losses which have prompted the use of IMF resources; (3) IMF strategy, plan and timetable for completing the borrower's payback of IMF resources; and (4) the status of efforts to upgrade the borrower's national standards to meet the Basle Committee's Core Principles for Effective Banking Supervision. (Sec. 606) Directs the Secretary of the Treasury, before the release of IMF funds to a borrower country, to certify to the appropriate congressional committees that certain conditions have been met, including: (1) no IMF resources have resulted in support to the semiconductor, steel, automobile, or textile and apparel industries; (2) the IMF has not guaranteed or underwritten the private loans of such industries; and (3) IMF and Department of the Treasury officials have monitored the implementation of stabilization programs in effect after July 1, 1997, and all of the conditions have either been met, or the recipient government has committed itself to fulfill these conditions according to an approved timetable for completion. Requires that such certifications be made 14 days before any IMF resources are disbursed to the borrower. Directs the Secretary of the Treasury to instruct the U.S. Executive Director of the IMF to use his or her voice to oppose disbursement of further funds if such certification is not given. Directs the Secretary of Commerce to establish a team of Department of Commerce employees to: (1) collect data on import volumes and prices, and statistics in certain industries; (2) monitor the effect of the Asian economic crisis on such industries; (3) collect accounting data from Asian producers; and (4) work to prevent import surges in such industries or to assist U.S. industries affected by such surges in their efforts to protect themselves under U.S. trade laws. (Sec. 607) Directs the Secretary of the Treasury to instruct the U.S. Executive Director of the IMF to use the U.S. vote to: (1) prevent the extension of IMF resources directly to or for the direct benefit of the President of Indonesia or any member of the President's family; and (2) oppose further disbursement of funds to Indonesia on any IMF terms or conditions less stringent than those imposed on the Republic of Korea and the Philippines Republic. (Sec. 608) Directs the Secretary of the Treasury to instruct the U.S. Executive Director of the IMF to use the U.S. vote to vigorously promote policies to encourage the opening of markets for agricultural commodities and products by requiring recipient countries to make efforts to reduce trade barriers. (Sec. 609) Directs the Secretary of the Treasury to establish an IMF Advisory Committee to meet with him or her to review and provide advice on the extent to which individual IMF country programs meet certain requisite policy goals. (Sec. 610) Directs the Secretary of the Treasury to consult with the office of the U.S. Trade Representative before instructing the U.S. Executive Director of the IMF on the U.S. position regarding loans or credits to prospective IMF borrower countries.
Bill· HRH.R. 4274 (105th)open
United States · United States Congress · 20 July 1998
TABLE OF CONTENTS: Title I: Department of Labor Title II: Department of Health and Human Services Title III: Department of Education Title IV: Related Agencies Title V: General Provisions Title VI: Child Protection Act of 1998 Title VII: Miscellaneous Provisions Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1999 - Title I: Department of Labor - Department of Labor Appropriations Act, 1999 - Makes appropriations for FY 1999 to the Department of Labor for: (1) training and employment services; (2) community service employment for older Americans; (3) Federal unemployment benefits and allowances; (4) State unemployment insurance and employment service operations; (5) advances to the Unemployment Trust Fund and other trust funds; (6) employment and training program administration; (7) the Pension and Welfare Benefits Administration and the Pension Benefit Guaranty Corporation; (8) the Employment Standards Administration; (9) certain special benefits; (10) the Black Lung Disability Trust Fund; (11) the Occupational Safety and Health Administration; (12) the Mine Safety and Health Administration; (13) the Bureau of Labor Statistics; (14) departmental management; (15) the Assistant Secretary for Veterans Employment and Training; and (16) the Office of Inspector General. Sets forth authorized uses of, and limitations on, funds appropriated under this title. Title II: Department of Health and Human Services - Department of Health and Human Services Appropriations Act, 1999 - Makes appropriations for FY 1999 to the Department of Health and Human Services (HHS) for: (1) the Health Resources and Services Administration; (2) the Medical Facilities Guarantee and Loan Fund for Federal interest subsidies for medical facilities; (3) health education assistance loans; (4) the Vaccine Injury Compensation Program Trust Fund; (5) Centers for Disease Control and Prevention; (6) the National Institutes of Health (NIH), including amounts for the John E. Fogarty International Center, the National Library of Medicine, the Office of the Director, and buildings and facilities; (7) the Substance Abuse and Mental Health Services Administration; (8) retirement pay and medical benefits for Public Health Service commissioned officers; (9) the Agency for Health Care Policy and Research; (10) the Health Care Financing Administration for grants to States for Medicaid, payments to health care trust funds, program management, and the Health Maintenance Organization Loan and Loan Guarantee Fund; (11) the Administration for Children and Families for family support payments to States; (12) low income home energy assistance; (13) refugee and entrant assistance; (14) the child care and development block grant; (15) the social services block grant; (16) children and families services programs; (17) family preservation and support; (18) payments to States for foster care and adoption assistance; (19) the Administration on Aging; (20) the Office of the Secretary for general departmental management; (21) the Office of Inspector General; (22) the Office for Civil Rights; and (23) policy research. Sets forth authorized uses of, and limitations on, funds appropriated under this title. (Sec. 202) Directs the Secretary of HHS to make available through assignment not more than 60 employees of the Public Health Service to assist in child survival activities and to work in AIDS programs through and with funds provided by the Agency for International Development, the United Nations International Children's Emergency Fund or the World Health Organization. (Sec. 211) Prohibits funds appropriated in this Act from being made available under title X (population research and voluntary family planning) of the Public Health Service Act (PHSA), unless the award applicant certifies to the Secretary that it encourages family participation in the decision of minors to seek family planning services, and provides counseling to minors on resisting attempts to coerce them into engaging in sexual activities. (Sec. 216) Names the Consolidated Laboratory Building (Building 50) at NIH the Louis Stokes Laboratories. (Sec. 217) Prohibits the use of funds appropriated by this Act to carry out the Medicare+Choice program if the Secretary denies participation in such program to an otherwise eligible entity (including a Provider Sponsored Organization) because the entity informs the Secretary that it will not provide, pay for, provide coverage of, or provide referrals for abortions. (Sec. 218) Prohibits the expenditure of funds under this Act to reimburse States for Viagra (except for postsurgical treatment). Requires the availability of up to $100 million of the amount of such reduction in budget authority and outlays to enhance mental health services for children with emotional and behavioral disorders who are at risk of violent behavior. (Sec. 219) Prohibits the use of funds under this Act to take any administrative action against States that do not cover Viagra or any other drug or device under section 1927 of the Social Security Act for the treatment of erectile dysfunction. (Sec. 220) Declares that no provider of services under title X of the PHSA shall be exempt from any State law requiring notification or the reporting of child abuse, child molestation, sexual abuse, rape, or incest. Prohibits appropriations for carrying out title X of PHSA from being made available to any family planning project if any service provider in the project knowingly provides contraceptive drugs or devices to a minor, unless: (1) the minor is emancipated under applicable State law; (2) the minor has the written consent of a custodial parent or custodial legal guardian to receive the drugs or devices; (3) a court of competent jurisdiction has directed that the minor may receive the drugs or devices; or (4) such service provider has given actual written notice, to a custodial parent or custodial legal guardian of the minor, of the intent to provide the drugs or devices, at least five business days before providing them. Title III: Department of Education - Department of Education Appropriations Act, 1999 - Makes appropriations for FY 1999 to the Department of Education for: (1) education reform; (2) education for the disadvantaged; (3) impact aid; (4) school improvement activities; (5) Indian education; (6) bilingual and immigrant education; (7) special education; (8) rehabilitation services and disability research; (9) special institutions for persons with disabilities, including the American Printing House for the Deaf, the National Technical Institute for the Deaf, the Kendall Demonstration Elementary School, the Model Secondary School for the Deaf, and Gallaudet University; (10) vocational and adult education; (11) student financial assistance; (12) the Federal Family Education Loan (FFEL) program account; (13) higher education; (14) Howard University; (15) the college housing and academic facilities loans program; (16) the historically Black college and university capital financing program account; (17) education research, statistics, and improvement; (18) departmental management; (19) the Office for Civil Rights; and (20) the Office of the Inspector General. Sets forth authorized uses of, and limitations on, funds appropriated under this title. (Sec. 301) Prohibits funds appropriated in this Act from being used to: (1) transport teachers or students in order to overcome racial imbalance in any school or to carry out a racial desegregation plan; or (2) prevent the implementation of programs of voluntary prayer and meditation in public schools. (Sec. 305) Amends the General Education Provisions Act to bar the use of funds provided to the Department of Education or to an applicable program in any Act in FY 1999 to field or pilot test, implement, administer, or distribute national tests. Makes such prohibition inapplicable to the International Math and Science Study or the National Assessment of Educational Progress (NAEP). (Sec. 306) Amends the Higher Education Act of 1965 to allow certain institutions of higher education to use specified funds for endowment building purposes. (Sec. 307) Prohibits use of funds under this Act to enforce certain annual compliance audit requirements of the guaranteed student loan program under the Higher Education Act of 1965 (HEA) against those lenders with guaranteed student loan portfolios that do not exceed $5 million. (Sec. 308) Allows States and local educational agencies to use specified funds for innovative programs. (Sec. 309) Amends the Individuals with Disabilities Education Act (IDEA) to revise requirements relating to: (1) child placements in alternative educational settings; and (2) the Secretary's reducing or withholding payments to States. (Sec. 311) Amends the Elementary and Secondary Education Act of 1965 to revise requirements for applications and priorities in funding bilingual education and special alternative instructional programs. Sets at two years the maximum period for a student to be in such a program, with specified exceptions involving comprehensive evaluations and a maximum of four years. Directs the Secretary of Education to report annually to specified congressional committees: (1) identifying the ten percent of funding recipients that have been the least successful in assisting students in attaining English proficiency by the end of their second academic year of enrollment in a bilingual education program or special alternative instructional program; and (2) explaining if and why funding will be continued for such a program. Title IV: Related Agencies - Makes appropriations for FY 1999 to the: (1) Armed Forces Retirement Home; (2) Corporation for National and Community Service; (3) Corporation for Public Broadcasting; (4) Federal Mediation and Conciliation Service; (5) Federal Mine Safety and Health Review Commission; (6) Institute of Museum and Library Services; (7) Medicare Payment Advisory Commission; (8) National Commission on Libraries and Information Science; (9) National Council on Disability; (10) National Education Goals Panel; (11) National Labor Relations Board; (12) National Mediation Board; (13) Occupational Safety and Health Review Commission; (14) Railroad Retirement Board for the dual benefits payments account, Federal payments to the railroad retirement accounts, administration, and the Office of Inspector General; (15) Social Security Administration for payments to the social security trust funds, special benefits for disabled coal miners, the Supplemental Security Income (SSI) Program, administrative expenses, and the Office of Inspector General; and (16) U.S. Institute of Peace. Title V: General Provisions - Sets forth authorized uses of, and limitations on, funds appropriated under this Act. (Sec. 506) Sets forth Buy American requirements. (Sec. 509) Prohibits funds appropriated under this Act from being expended for abortions or for health benefits coverage that includes coverage of abortion, except in cases where the pregnancy is the result of rape or incest or where a woman suffers from a physical condition that would, as certified by a physician, place her in danger of death unless an abortion is performed. (Sec. 511) Prohibits the use of funds made available in this Act for: (1) the creation of a human embryo for research purposes; or (2) research in which a human embryo is destroyed or knowingly subjected to risk of injury or death greater than that allowed for research on fetuses in utero under Federal regulations and the Public Health Service Act. (Sec. 512) Prohibits the use of funds made available in this Act for activities to promote the legalization of a controlled substance unless there is significant medical evidence of a therapeutic advantage to the use of such substance or that federally-sponsored trials are being conducted to determine such advantage. (Sec. 514) Bars the use of funds made available in this Act to pay the expenses of an election officer appointed by a court to oversee an election of any officer or trustee for the International Brotherhood of Teamsters. (Sec. 516) Amends the National Labor Relations Act to direct the National Labor Relations Board to assert jurisdiction over any labor dispute involving any class or category of employers over which it would assert jurisdiction under the standards prevailing on August 1, 1959, with specified inflation adjustments to financial threshold amounts. Title VI: Child Protection Act of 1998 - Child Protection Act of 1998 - Requires any elementary or secondary school or public library that has received any Federal funds for acquisition or operation of any computer accessible to minors that has access to the Internet to: (1) install software on that computer that is adequately designed to prevent minors from obtaining access to any obscene information using that computer; and (2) ensure that such software is operational whenever that computer is used by minors, except that such software's operation may be temporarily interrupted to permit a minor to have access to information that is not obscene or otherwise unprotected by the Constitution under the direct supervision of an adult designated by such school or library. (Sec. 602) Authorizes Federal agency heads, if they have reason to believe that any recipient of funds failing to comply substantially with such requirements, to: (1) withhold further payments under that program or activity; (2) issue a complaint to compel compliance through a cease and desist order; or (3) enter into a compliance agreement with a recipient. Title VII: Miscellaneous Provisions - Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Social Security Act to establish standards relating to access to routine and preventive obstetrical and gynecological services under group health plans, group and individual health insurance coverage, Medicare, and Medicaid. (Sec. 702) Amends the Federal Cigarette Labeling and Advertising Act to require cigarette labels and advertising to include the Surgeon General's warning that African Americans suffer the highest death rates from several diseases caused by smoking.
Bill· HRH.R. 4250 (105th)open
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.
Resolution· HCONRESH.Con.Res. 299 (105th)referred
United States · United States Congress · 16 July 1998
Calls for executive agencies, when formulating and implementing policies that have federalism implications, to: (1) strictly adhere to constitutional principles and closely examine the constitutional and statutory authority supporting any Federal action that would limit the policy making direction of the States; (2) take Federal action limiting the policy making discretion of the States only where constitutional authority for the action is clear and certain and the national activity is necessitated by the presence of a problem of national scope; (3) recognize the distinction between problems of national scope and problems that are merely common to the States; (4) recognize that constitutional authority for Federal action is clear and certain only when authority for the action may be found in a specific provision of the Constitution, when there is no provision in the Constitution prohibiting Federal action, and when the action does not encroach upon authority reserved to the States; (5) encourage States to develop their own policies to achieve program objectives and to work with officials in other States; (6) refrain from establishing uniform, national standards for programs and, when possible, defer to the States to establish standards; and (7) consult with officials and organizations representing the States in developing national standards when required. States that: (1) the national Government should grant the States the maximum administration discretion possible with respect to national policies administered by the States; and (2) intrusive Federal oversight of State administration is neither necessary nor desirable. Calls for observation of the following special requirements for preemption of State law: (1) agencies should construe a Federal statute to preempt only when it contains an express preemption provision, when there is some other firm and palpable evidence compelling the conclusion that the Congress intended preemption, or when the exercise of State authority directly conflicts with the exercise of Federal authority under the statute; (2) if a Federal statute does not preempt, such agencies should construe any authorization in the statute for the issuance of regulations as authorizing preemption by rule making only when the statute expressly authorizes issuance of preemptive regulations or when there is some other such evidence compelling the conclusion that the Congress intended to delegate preemption authority; (3) any regulatory preemption should be restricted to the minimum level necessary to achieve the objectives of the statute; (4) an agency that foresees the possibility of a conflict between State law and federally protected interests should consult with State officials and organizations to avoid such a conflict; and (5) an agency that proposes to act through adjudication or rule making should provide all affected States notice and an opportunity for participation in the proceedings.
Bill· SS. 2288 (105th)open
United States · United States Congress · 10 July 1998
TABLE OF CONTENTS: Title I: Transfer of Functions of the Joint Committee on Printing Title II: Government Publications Office Title III: Government Publications Office; Publications Production and Production Procurement Services Title IV: Office of Government Publications Access Programs Title V: Administrative and Savings Provisions Wendell H. Ford Government Publications Reform Act of 1998 - Title I: Transfer of Functions of the Joint Committee on Printing - Repeals provisions regarding the Joint Committee on Printing. Transfers legislative oversight functions of the Committee to the Senate Committee on Rules and Administration and the House Committee on House Oversight (committees). Title II: Government Publications Office - Replaces provisions regarding the Government Printing Office (GPO) with those establishing a Government Publications Office, to be headed by an Administrator appointed by the President. Authorizes the Administrator to remedy neglect, delay, duplication, or waste in the production, procurement, and dissemination of the Government's publications, and to enhance the dissemination of, and maintenance of permanent public access to, such publications. Sets forth provisions regarding Publications Office employee pay. Incorporates provisions similar to existing GPO provisions regarding: (1) night work; (2) disbursing officers; (3) a revolving fund for operations; (4) payments for printing, supplies, and production services; (5) machinery or supplies from other Government agencies; (6) supplies furnished to other agencies; (7) limitations on branch offices; (8) details of employees; and (9) special policemen. Sets forth Publication Office procurement authority. Authorizes the Administrator to delegate procurement authority to other agencies seeking authority for the procurement of services. Requires Publication Office regulations to: (1) prohibit an agency from contracting for production of services with another agency or a private sector commercial source unless such entity has been certified by the Administrator as having met this title's requirements; and (2) require the Superintendent of Government Publications Access Programs (established by this Act) to be a signatory to the procurement contract. Abolishes GPO and transfers GPO functions and employees to the Publications Office or the Office of Government Publications Access Programs established under this Act. Title III: Government Publications Office; Publications Production and Production Procurement Services - Replaces provisions regarding production and procurement of printing and binding with those regarding Publications Office production and procurement services. Authorizes the Publications Office to produce or procure the production of Government publications, including those created for or transmitted through an electronic communications system, as requisitioned by the Congress, Federal agencies and the Superintendent of Government Publications Access Programs. Makes the Publications Office the only authorized Federal agency to provide publications production and procurement services for the Congress, the Executive Office of the President, the judiciary (other than the Supreme Court), and every other executive department and independent establishment of the Government, except for: (1) those publications created only for dissemination through an electronic communications system, provided certain requirements of this Act are met; (2) individual production orders by the executive branch costing no more than $1,000, subject to certain conditions; and (3) publications production for the Central Intelligence Agency, the Defense Intelligence Agency, or the National Security Agency. Authorizes executive or judicial branch agencies to procure publications production and procurement services under delegation of authority from the Administrator, subject to certain requirements. Bars agencies from participating in public or private partnerships to produce Government publications or from entering into contractual arrangements for the production, procurement, or dissemination of Government publications unless such action complies with the Federal Publications Dissemination Act of 1998 (title IV of this Act) and is approved in advance by the Superintendent of Government Publications Access Programs. Provides for the appointment of the Superintendent of Government Publications Production and Procurement Services and the Deputy Superintendent of Government Publications Production and Procurement Services. Establishes an account within the Revolving Fund of the Publications Office for the operation of the Government Publications Office Publications Production and Procurement Services programs. Incorporates provisions similar to those under existing law regarding: (1) printing in veterans' hospitals; (2) time for printing documents which contain illustrations or maps; and (3) deadlines for acting upon orders for printing and publications production services. Requires the submission of annual agency plans on the creation, management, dissemination, security, and accessibility of Government publications. Directs agencies to submit plans to be implemented for the five years following the effective date of this title that: (1) reduce the publications production capacity of the agency; (2) set dates on which incremental stages of the reduction will be implemented; and (3) provide for agency publications production to be performed by non-Federal entities pursuant to contracts. (Sec. 302) Replaces provisions regarding congressional printing and binding with those regarding production and procurement of publications services by the Congress and legislative agencies. Revises provisions regarding the "usual number" of bills, resolutions, documents, and reports printed for binding and distribution to require such number to be jointly established at the beginning of each Congress by the committees. (Current law defines "usual number" as 1,682 copies of documents and reports, with further limitations on the number distributed to specified entities.) Sets forth distribution provisions similar to those under existing law. Removes existing limitations on the number of private bills, bills, and resolutions printed. Requires committee reports to be produced by requisition on order of the originating committee. Directs the committees, at the beginning of each Congress, to determine the style, form, and manner of printing for congressional publications. Revises provisions regarding extra copies to limit each House to 300 extra copies provided by simple resolution. Limits reprints of a pending bill, resolution, or public law, or a report from a congressional committee or commission on pending legislation to 300 copies (currently, 1,000). Removes a condition that such reprints be limited to documents not exceeding 50 pages. Incorporates provisions similar to those under existing law for: (1) the style and form of bills and resolutions; (2) binding sets of bills and resolutions for the Congress; (3) printing of public and private laws and treaties; (4) copies of Acts furnished to the Superintendent of Government Publications Production and Procurement Services (currently, the Public Printer); (5) printing Acts, joint resolutions, and treaties; (6) printing documents in two or more editions; (7) printing of documents not provided by law; (8) charging of the appropriation for printing a congressional document or report; (9) lapse of authority to print; (10) statements of appropriations; (11) indexing and binding of committee reports; (12) distribution and references in the margins of the U.S. Statutes at Large; (13) stationery and blank books for the Congress; and (14) binding at the expense of Members of Congress. Removes limitations on the number of copies of Journals of the Houses of Congress to be printed and requires the committees to establish such number at the beginning of each Congress. Revises distribution requirements as well. Revises requirements regarding printing and distribution of the series of publications ordered to be printed by the Congress and of the Congressional Directory. Requires the Directory to be accessible to the public through an electronic on-line service. Revises numerical limitations on the printing of memorial addresses. Bars congressional committees from procuring the printing of more than 300 (currently, 1,000) copies of a hearing or other germane document, except by simple, concurrent, or joint resolution. Authorizes Senators and Representatives to request to receive copies of the U.S. Statutes at Large. Requires the committees to determine the quantity and distribution of documents to the Members, committees, and offices of their respective Houses. Revises requirements for franks and envelopes for Members of Congress. Requires the committees to establish rules governing the style, content, quantity, printing, distribution, and method of payment for franks and envelopes used for mailing public documents. Directs the committees to determine: (1) the mechanisms for the distribution of congressional documents to the Members of Congress; and (2) the disposition of the inventory of Government publications stored at the Capitol. Authorizes appropriations for congressional printing and binding. Requires the General Accounting Office to report to the committees on the feasibility of legislative branch agencies procuring printing and publications services directly from nongovernmental sources under a delegation of authority from the Administrator if such agencies certify to the Superintendent of Government Publications Access Programs and the Superintendent of Government Publications Production and Procurement Services full compliance with specified requirements of this Act. Directs the Superintendent of Government Publications Access Programs to report to the committees recommendations on the feasibility of producing, disseminating, and maintaining permanent public access to the congressional serial sets as publications created for or transmitted through an electronic communications system. (Sec. 303) Revises provisions regarding the Congressional Record to replace authorities of the Joint Committee on Printing and the Public Printer with those of the committees and, in certain cases, with those of the Superintendent of Government Publications Production and Procurement Services. Revises provisions regarding distribution of copies of the Record and extracts for Members of Congress. (Sec. 304) Requires the committees to establish the annual number of reports of the departments to the Congress to be printed for each House. (Current law requires 1,000 to be printed for the Senate and 2,000 for the House.) (Sec. 305) Repeals provisions regarding the printing of particular Government publications. (Sec. 307) Revises provisions regarding the printing and distribution of Supreme Court reports. (Sec. 308) Amends various laws to repeal certain provisions which allow for printing and binding to be carried out without regard to specified laws, including provisions amended by this Act. (Sec. 309) Repeals provisions of law providing for distribution of supplements of the U.S. Code and District of Columbia Code of Laws to Members of Congress. Revises requirements regarding the publication of an edition of the U.S. Constitution by the Librarian of Congress to require the Director of the Congressional Research Service to have prepared an annotated edition of the Constitution every ten years, cumulative supplements every two years in the interim period between decennial editions, including cumulative analysis of Supreme Court decisions, and a regularly-updated electronic version. Repeals provisions regarding the printing and binding of the official papers relating to U.S. territories. Title IV: Office of Government Publications Access Programs - Federal Publications Dissemination Act of 1998 - Replaces provisions regarding public printing and the depository library program with those regarding Federal publications access programs. Provides for the appointment of a Superintendent of Government Publications Access Programs (Superintendent) and a Deputy Superintendent of Government Publications Access Programs. Establishes an account within the Revolving Fund of the Publications Office for the operation of the Federal Publications Access Programs. Authorizes appropriations for the Programs. Requires the Superintendent to ensure the timely dissemination of Government publications to the public and to improve permanent public access to such publications. Makes Government publications of the executive, legislative, and judicial branches available at no charge to Federal publications access libraries (access libraries). Requires the Superintendent to certify on every contract for the production or procurement of any Government publication entered into by an agency: (1) the number of additional copies required by the Superintendent for the Programs; or (2) the terms for accessing such publications required by the Superintendent. Directs the Superintendent, for on-line, fee-based services, to negotiate the terms for access by the Programs based upon the incremental cost of providing access to access libraries. Requires the Superintendent to: (1) provide selection, cataloging, classification, locator, and indexing services for all Government publications from the executive, legislative, and judicial branches; (2) make available a comprehensive and timely catalog, locator, and current, categorized list of Government publications; and (3) produce a consolidated index of congressional documents. Directs executive agency heads, the Administrative Office of the Courts, on behalf of the judicial branch, and the committees, for each House of Congress, to ensure that all Government publications produced or procured for production are made available to the Superintendent for dissemination through the Programs. Requires agencies to notify the Superintendent of intent to produce or procure, substantially modify, or terminate the production of a Government publication or to eliminate printed copies and provide only electronic access. Sets forth notification and other requirements for agencies entering into contracts for the printing or procurement of Government publications. Requires agencies to provide permanent public access to Government publications created for or transmitted through an electronic communications system until such a system for permanent public access is established by the Superintendent. Sets forth procedures to be followed in cases of executive agency noncompliance with access requirements, including prohibitions on contracting for production or procurement of publications during periods of noncompliance. Sets forth access, compliance, and enforcement provisions with respect to the legislative and judicial branches as well. Requires the Superintendent to establish a system of permanent public access to Government publications, including for those created for or transmitted through an electronic communications system. Sets forth provisions regarding the designation and responsibilities of access libraries. Requires the Superintendent to establish a permanent Federal Publications Access Library Council to advise on: (1) appropriate items and preferred formats for inclusion in the Programs; (2) Government publications that are not included and that are recommended for inclusion; and (3) other policy matters. Transfers functions and personnel of the Superintendent of Documents to the Superintendent. Incorporates all relevant provisions of regulations relating to Federal depository libraries into regulations relating to access libraries. (Sec. 403) Replaces provisions regarding the distribution and sale of public documents with those providing for the distribution and sale of Government publications by the Superintendent. Incorporates provisions similar to those under existing law for: (1) publications for public distribution and the sale of Government publications; (2) additional copies for sale; (3) reproduction of publications required for sale; (4) printing and sale of blank forms; (5) publications for use of the Superintendent (currently, the Public Printer); and (6) exchange of Government publications by heads of agencies. Requires the Superintendent to operate the sales program on a self-sustaining basis and to establish prices to cover costs of procurement or production and dissemination and other appropriate costs. Revises provisions regarding publications for the National Archives and Records Administration, the Secretary of the Senate and the Clerk of the House, and the Library of Congress. Repeals provisions that authorize fees to be charged for use of the electronic directory of Federal electronic information. Title V: Administrative and Savings Provisions - Continues existing employment terms of GPO employees until modified or terminated in accordance with law, including the provisions of this Act. (Sec. 502) Provides that this Act shall not affect any existing proceedings or suits. (Sec. 506) Amends various laws to transfer functions of the Joint Committee on Printing to other entities.
Bill· SS. 2271 (105th)open
United States · United States Congress · 7 July 1998
Property Rights Implementation Act of 1998 - Authorizes an owner of private property to challenge the validity of any Federal agency action as a violation of the fifth amendment to the U.S. Constitution in a district court or the United States Court of Federal Claims (Claims court). Grants such courts concurrent jurisdiction over claims for monetary relief and claims seeking invalidation of any Act of Congress or any Federal regulation affecting private property rights. Authorizes the plaintiff to elect to file an action under this Act in a district court or the Claims court. Waives U.S. sovereign immunity with respect to such an action and grants the United States Court of Appeals for the Federal Circuit exclusive jurisdiction. Sets a six-year statute of limitations. Directs the court to award litigation costs, including reasonable attorney's fees, to any prevailing plaintiff. (Sec. 6) Modifies Federal judicial code provisions to grant the Claims court jurisdiction to render judgment upon any claim under this Act against the United States for monetary relief founded either upon the Constitution, any Act of Congress, or any regulation of an executive department, or upon any express or implied contract with the United States in cases not sounding in tort, or for invalidation of any Act of Congress or any regulation of an executive department. Sets forth provisions regarding the Claims court's: (1) supplemental jurisdiction; and (2) jurisdiction which constitutes judicial review of agency action. Makes any claim brought under this Act founded upon a property right or privilege secured by the Constitution but allegedly infringed or taken by the United States ripe for adjudication upon a final decision rendered by the United States that causes actual and concrete injury to the party seeking redress. Sets forth guidelines as to what constitutes a final decision. Repeals provisions regarding pendency of claims in other courts. Grants the district courts original jurisdiction, concurrent with the Claims court, over any civil action filed under this Act. Prohibits a district court, whenever it exercises civil rights jurisdiction in an action in which the operative facts concern the uses of real property, from abstaining from exercising jurisdiction or relinquishing it to a State court because the party seeking redress: (1) brings a prior or concurrent proceeding before a State, territory, or local tribunal as required; (2) asserts claims under State or local law pendent to and arising from the same core of operative facts as a claim for the taking of real property; or (3) asserts a claim for the taking of real property that requires interpretation of State, territory, or local laws. Permits a district court that exercises jurisdiction in an action in which the operative facts concern the uses of real property to abstain where the party seeking redress: (1) has not submitted a meaningful application (as defined by the locality concerned within that State or territory) to use such property; and (2) challenges whether an action of the applicable locality exceeds the authority conferred upon it under the applicable zoning or planning enabling statute of the State or territory. Authorizes the district court, where it has jurisdiction over such an action which cannot be decided without resolution of an unsettled question of State law: (1) to certify the question of State law to the highest appellate court of that State; and (2) after that court resolves the question, to proceed with resolving the merits. Authorizes the district court, in making a decision whether to certify a question of State law, to consider whether the State law question will significantly affect the merits of the injured party's Federal claim and is patently unclear. Specifies that any claim or action brought to redress the deprivation of a right or privilege to use and enjoy real property as secured by the Constitution shall be ripe for adjudication by the district courts upon a final decision rendered by any person acting under color of any statute, regulation, or usage of any State of U.S. territory that causes actual and concrete injury to the party seeking redress. (Sec. 7) Amends Federal civil rights law to provide that in a civil action for deprivation of rights, where the taking of real property is alleged, a district court: (1) may hold the party seeking redress liable for a reasonable attorney's fee and costs where the takings claim is not substantially justified, unless special circumstances make such an award unjust; and (2) shall decide any motion to dismiss such claim on an expedited basis. (Sec. 8) Prohibits a party seeking redress for a taking of real property without the payment of compensation from commencing an action in district court before 60 days after the date on which written notice has been given to any potential defendant. (Sec. 9) Requires a Federal agency that takes an agency action limiting the use of private property to give notice to the property owners explaining their rights and the procedures for obtaining any compensation that may be due to them under this Act.
Bill· SS. 2250 (105th)referred
United States · United States Congress · 26 June 1998
Tenth Amendment Enforcement Act of 1998 - Requires any statute enacted by the Congress after 1998 to include declarations that: (1) the authority to govern in the area addressed is delegated to the Congress by the Constitution; (2) Congress has a greater degree of competence than the States to govern in that area; and (3) any preemption of State law is specifically intended by the Congress and is necessary. Makes it out of order for the Senate or House of Representatives to consider any legislation that does not include such declarations. Amends Federal law to prohibit any Federal agency from construing any statutory authorization to issue rules as authorizing preemption of State law or local ordinance by rulemaking or other agency action, unless the statute expressly authorizes issuance of preemptive rules and the agency concludes that the exercise of State power directly conflicts with the exercise of Federal power under the Federal statute such that the State statutes and the Federal rule promulgated under the Federal statute cannot be reconciled or consistently stand together. Requires all States to be provided with notice and an opportunity for comment when a Federal agency proposes preemptive rulemaking or other agency action. Requires the table of contents of each Federal Register to contain a list of preemptive rules contained within that Register. Provides that a final agency rule shall not be construed to preempt any State or local law unless it contains an explicit declaration of the intention to do so. Requires each Federal agency to publish in the Federal Register a plan for periodic review of the rules issued by the agency that preempt State or local government powers to determine whether such rules should be altered or repealed. Prohibits any adjudicative body to construe a statute enacted after enactment of this Act to preempt State or local law unless: (1) the statute contains an explicit declaration of intent to preempt; or (2) there is a direct conflict with State or local law that cannot be reconciled. Requires any ambiguity to be construed in favor of preserving the authority of the States. Requires that funds received by a State under Federal law shall be subject to appropriation by the State legislature. Directs the Congressional Research Service, after each Congress adjourns, to prepare and make publicly available a report on the extent of Federal statutory preemption of State and local government powers enacted into law during that Congress or adopted through judicial interpretation of Federal statutes.
Bill· HJRESH.J.Res. 124 (105th)referred
United States · United States Congress · 25 June 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 or any item of new direct spending.
Law· HRH.R. 4103 (105th)enacted
United States · United States Congress · 22 June 1998
TABLE OF CONTENTS: Title I: Military Personnel Title II: Operation and Maintenance Title III: Procurement Title IV: Research, Development, Test, and Evaluation Title V: Revolving and Management Funds Title VI: Other Department of Defense Programs Title VII: Related Agencies Title VIII: General Provisions Title IX: Emergency Appropriations for Information Systems Technology and Security Department of Defense Appropriations Act, 1999 - Title I: Military Personnel - Appropriates funds for FY 1999 for active-duty and reserve personnel in the Army, Navy, Marine Corps, and Air Force and for National Guard personnel in the Army and Air Force. Title II: Operation and Maintenance - Appropriates funds for FY 1999 for the operation and maintenance (O&M) of the Army, Navy, and Air Force (including a transfer of funds in each case), the Marine Corps, the defense agencies, the reserve components, and the Army and Air National Guards. Appropriates funds for: (1) the Overseas Contingency Operations Transfer Fund (including a transfer of funds); (2) the U.S. Court of Appeals for the Armed Forces; (3) environmental restoration for the Army, Navy, and Air Force and defense-wide (including a transfer of funds in each case); (4) environmental restoration at formerly used defense sites (including a transfer of funds); (5) overseas humanitarian, disaster, and civic aid programs; (6) former Soviet Union threat reduction; and (7) Department of Defense (DOD) real property maintenance. Title III: Procurement - Appropriates funds for FY 1999 for procurement by the armed forces and reserve components of aircraft, missiles, weapons, tracked combat vehicles, ammunition, and shipbuilding and conversion and for other procurement. Appropriates funds for defense-wide procurement and for National Guard and reserve equipment. Title IV: Research, Development, Test, and Evaluation - Appropriates funds for FY 1999 for research, development, test, and evaluation by the armed forces and defense agencies. Appropriates funds for the Directors of Test and Evaluation and Operational Test and Evaluation. Title V: Revolving and Management Funds - Appropriates funds for the Defense Working Capital Funds and programs under the National Defense Sealift Fund (including a transfer of funds in each case). Title VI: Other Department of Defense Programs - Appropriates funds for: (1) DOD medical and health care programs; (2) the destruction of lethal chemical agents and munitions; (3) drug interdiction and counter-drug activities, defense (including a transfer of funds); and (4) the Office of the Inspector General. Title VII: Related Agencies - Appropriates funds for: (1) the Central Intelligence Agency Retirement and Disability System Fund; (2) the Intelligence Community Management Account; (3) payment to the Kaho'olawe Island Conveyance, Remediation, and Environmental Restoration Fund; and (4) national security scholarships, fellowships, and grants (using funds derived from the National Security Education Trust Fund). Title VIII: General Provisions - Specifies authorized, restricted, and prohibited uses of appropriated funds. (Sec. 8008) Authorizes appropriated procurement funds to be used for multiyear procurement contracts for Medium Tactical Vehicle Replacement vehicles and the AV-8B, E-2C, and T-45 aircraft programs. (Sec. 8010) Prohibits during FY 1999 the management by end strengths of DOD civilian personnel. (Sec. 8019) Authorizes the Secretary of Defense to establish with host governments of NATO-member countries an account for the deposit of residual value amounts negotiated in the return of U.S. military installations to such countries. (Sec. 8032) Authorizes DOD to incur obligations of up to $350 million for DOD personnel compensation, military construction projects, and supplies and services in anticipation of receipts of contributions from the Government of Kuwait. (Sec. 8034) Prohibits the use of FY 1999 DOD funds to fund more than 6,206 staff years of technical effort for defense federally funded research and development centers. Directs the Secretary to control the number of such staff years so as to reduce the total amounts appropriated in titles II through IV by $62 million. Reduces the total amounts appropriated in such titles by such figure. (Sec. 8035) Provides Buy American requirements with respect to the DOD procurement of carbon, alloy, or armor steel plating. Requires the Secretary to report to the Congress on the amount of DOD purchases from foreign entities in FY 1999. (Sec. 8052) Prohibits the use of funds: (1) by a DOD entity without compliance with the Buy American Act; (2) to establish additional field operating agencies of DOD elements or to hire additional personnel for such agencies, except for those funded within the National Foreign Intelligence Program; (3) for assistance to the Democratic People's Republic of Korea unless specifically appropriated; (4) to reduce the civilian medical and medical support personnel assigned to military treatment facilities below the September 30, 1998, level; or (5) to transport chemical munitions or agents to Johnston Atoll for storage or demilitarization, except during a period of war. (Sec. 8056) Rescinds specified funds from various accounts under prior defense appropriations Acts. (Sec. 8071) Directs the Secretary to report quarterly to specified congressional committees on all costs incurred by DOD during the preceding quarter in implementing or supporting United Nations (UN) resolutions. (Sec. 8072) Prohibits the use of FY 1998 funds to transfer to another nation or international organization any defense articles or services (other than intelligence services) for use in international peacekeeping or peace enforcement activities. (Sec. 8080) Directs the Under Secretary of Defense (Comptroller) to submit to the defense committees a report identifying any activity for which the FY 2000 budget request was reduced because the Congress appropriated funds above the President's budget request for that activity for FY 1999. (Sec. 8082) Authorizes the Secretary to waive reimbursement of certain educational costs of the Asia-Pacific Center for Security Studies for military officers and civilian officials of foreign countries if determined to be in the national security interest. (Sec. 8083) Authorizes the Chief of the National Guard Bureau to permit the use of equipment of the National Guard Distance Learning Project on a space-available, reimbursable basis. (Sec. 8085) Appropriates during FY 1999 amounts necessary for the O&M of Fisher houses. (Sec. 8089) Directs DOD to submit to the defense committees a budget justification document for the active and reserve military personnel accounts which identifies the amounts requested by the President to be appropriated to DOD for military personnel in any budget request for FY 2000. (Sec. 8092) Prohibits the use of funds: (1) for approving the license or sale of the F-22 advanced tactical fighter to any foreign government; or (2) for the United States Man and the Biosphere Program or related projects. (Sec. 8101) Reduces by $201.1 million the total amount appropriated in this Act to reflect savings from revised economic assumptions, to be allocated among various DOD accounts. (Sec. 8102) Authorizes the Secretary of the Navy to transfer: (1) on a grant basis under provisions of the Foreign Assistance Act of 1961 specified naval vessels to Argentina, Greece, Portugal, and Turkey; (2) on a sales basis under the Arms Export Control Act specified naval vessels to Brazil, Chile, Greece, the Philippines, Spain, Turkey, Venezuela, and the Taipei Economic and Cultural Representative Office in the United States; and (3) on a combined lease-sale basis under the Arms Export Control Act specified naval vessels to Brazil and Greece. Provides lease-sale conditions. Establishes in the Treasury the Defense Vessels Transfer Program Account for lease-sale transfer costs. Amends various Acts to waive congressional notification requirements with respect to transfers under this section. Makes inapplicable certain limitations on the annual aggregate value of transferred excess defense articles. Requires transfer costs to be borne by recipients. Directs such Secretary to require, as a transfer condition, that any necessary pre- transfer vessel refurbishment be performed at a U.S. shipyard, including a Navy shipyard. Terminates all transfer authority two years after the enactment of this Act. (Sec. 8104) Transfers specified O&M funds to the Defense Working Capital Funds to fund operations of the Defense Commissary Agency. (Sec. 8105) Appropriates funds for emergency and extraordinary expenses associated with the accident involving U.S. Marine Corps A-6 aircraft on February 3, 1998, near Cavalese, Italy. (Sec. 8106) Prohibits appropriated or otherwise available funds from being used to initiate or conduct U.S. offensive military operations, except in accordance with the war powers clause of the Constitution. Title IX: Emergency Appropriations for Information Systems Technology and Security - Appropriates funds for DOD emergency expenses relating to the year 2000 conversion of information technology and national security systems (systems), for information technology and computer security and information assurance programs, and related purposes. Prohibits such funds from being obligated or expended on the development or modernization of any such system if it does not meet certification level 1a, 1b, or 2, as specified under a DOD year 2000 management plan. Provides exceptions. Prohibits funding for mission critical systems from being subject to unallocated reductions of funds. Authorizes the Secretary to waive the certification requirements on a case-by-case basis, after congressional notification. Directs the Secretary to report to the defense committees on DOD year 2000 conversion actions and plans. Requires the Secretary to have in place by December 31, 1998, contingency plans to ensure continuity of operations for every DOD critical mission or function that is dependent on such a system. Requires Inspector General evaluation of year 2000 compliance actions. (Sec. 9002) Directs the Secretary to submit to the Congress a plan for the execution of a simulated year 2000 as part of certain military training exercises. Authorizes the Secretary, after congressional notification, to exclude from such exercises a system which is incapable of performing reliably in year 2000 simulations.
Bill· HRH.R. 4095 (105th)passed
United States · United States Congress · 19 June 1998
International Arms Sales Code of Conduct Act of 1998 - Directs the President to attempt, through negotiations with all Wassenaar Arrangement countries, to achieve the foreign policy goal of an international arms sales code of conduct that restricts or prohibits arms transfers to countries that: (1) do not respect democratic processes and the rule of law; (2) do not adhere to internationally recognized norms on human rights; or (3) are engaged in acts of armed aggression. Directs the President to report on such negotiations to the appropriate congressional committees.
Bill· SS. 2163 (105th)referred
United States · United States Congress · 11 June 1998
Judicial Improvement Act of 1998 - Prohibits the granting of any interlocutory or permanent injunction restraining the enforcement or execution of a State law adopted by referendum or an Act of the Congress by a U.S. district court upon the ground that the State law conflicts with the Constitution, Federal law, or a U.S. treaty unless the application for the injunction is heard and determined by a court of three judges in accordance with the Federal judicial code. Limits such interlocutory injunctions to 60 days. Bars Federal courts from granting additional interlocutory relief after the expiration of an injunction. Prescribes time limits for the filing of appeals from orders granting such injunctions. Requires the Court of Appeals to dispose of such appeals within 100 days after issuance of the original order granting interlocutory relief. Makes orders upheld on appeal effective until 60 days after the date of appellate decision or until replaced by a permanent injunction. (Sec. 3) Terminates prospective relief in civil actions in which relief binds State or local officials or in which parties entered a consent judgment binding such officials upon the motion of any party or intervener: (1) five years after the date the court granted such relief; (2) two years after the court has entered an order denying termination of relief; or (3) in the case of an order issued on or before this Act's enactment, two years after the enactment date. Sets forth conditions under which such relief shall not terminate. Terminates orders or consent judgments binding such officials automatically if a court does not rule on a motion to terminate within 60 days. Authorizes Federal courts to appoint special masters in such actions during the remedial phase and upon a finding that the phase will be sufficiently complex to warrant such appointment. Limits special master powers and authorizes their removal by the judge at any time. Bars Federal courts from ordering a unit of Federal, State, or local government to increase taxes as part of a judicial remedy. (Sec. 4) Amends the Federal judicial code to allow interlocutory appeals of district court orders granting or denying class action certification made within ten days after an order's entry. (Sec. 5) Bestows original jurisdiction on Federal district courts in civil actions involving minimal diversity jurisdiction between adverse parties based on a single accident where at least 25 persons have either died or incurred injuries exceeding $50,000 per person, subject to specified limitations. Directs the district court in which such cases are consolidated to retain those cases for determination of liability and punitive damages, and to determine the substantive law that would apply. (Sec. 6) Extends the period during which any petition for judicial review of a final order or decision of the Merit Systems Protection Board must be filed with the U.S. Court of Appeals for the Federal Circuit from 30 to 60 days after the petitioner receives notice of the Board's action. (Sec. 7) Amends judicial code provisions regarding the Judiciary Information Technology Fund to repeal provisions subjecting information technology procurement to provisions of the Clinger-Cohen Act of 1996 applicable to executive agencies. (Sec. 8) Authorizes the Administrative Assistant to the Chief Justice of the Supreme Court, with the Chief Justice's approval, to accept voluntary personal services for purposes of providing tours of the Supreme Court building. (Sec. 9) Directs that, for FY 1999 and thereafter, any portion of certain miscellaneous fees collected as prescribed by the Judicial Conference exceeding the amount of such fees in effect on September 30, 1998, be deposited into the special fund of the Treasury to be available to offset funds appropriated for the operation and maintenance of the courts of the United States. (Sec. 10) Provides for the sunset of provisions requiring a civil justice expense and delay reduction plan. (Sec. 11) Authorizes the Director of the Administrative Office of the United States Courts to designate judicial branch officers and employees to be disbursing officers and certifying officers. Lists rights and responsibilities of such officers. (Sec. 12) Bars a writ of habeas corpus or other post-conviction remedy under the judicial code or other Federal law from challenging the custody or sentence of a person on the ground that such custody or sentence is the result of the person's voluntarily given confession. (Sec. 13) Prohibits a Federal court from specifically barring the retrial in State court of a person filing the writ of habeas corpus. (Sec. 14) Amends Federal law to require any Act of the Congress enacted after this Act's effective date to be prospective in application only unless a provision included in the Act expressly specifies otherwise. Requires the court to determine the relevant retroactivity event in an Act of the Congress (if not so specified) for purposes of determining if the Act is prospective in application only or affects conduct that occurred before its effective date. (Sec. 15) Incorporates provisions of the Federal criminal code concerning remedies regarding prison conditions into the Civil Rights of Institutionalized Persons Act (the Act). Amends such Act to set forth court procedure for entering orders of prospective relief in civil actions regarding prison conditions. Authorizes plaintiffs to oppose termination of prospective relief on the ground that the relief is necessary to correct a current and ongoing violation of a Federal right. Sets forth specific elements to be included in answers opposing termination of relief entered before and after enactment of the Prison Litigation Reform Act. Describes: (1) requirements for responses to answers; (2) the burden of persuasion; and (3) required findings for terminating, or denying termination of, prospective relief. Makes certain requirements regarding special masters under the Act inapplicable to special masters appointed before the enactment of the Prison Litigation Reform Act, unless their original appointment expires after such enactment date. (Sec. 16) Revises provisions limiting attorney's fees in prisoner suits. Authorizes any defendant to waive the right to respond to any complaint in any civil action arising under Federal law brought by a prisoner. Bars relief to a plaintiff unless a response has been filed. Authorizes the court to direct defendants to file a response to the cognizable claims identified by the court. (Sec. 17) Permits the court, in any civil action brought in Federal court by a prisoner (other than one confined in a Federal correctional facility), to make findings that a claim was filed for malicious or harassment purposes or was knowingly false. Authorizes the affected State Department of Corrections to: (1) revoke such amount of good time credit accrued to the prisoner as appropriate; or (2) consider such finding in determining whether the prisoner should be released from prison under any other State or local program governing the release of prisoners. (Sec. 18) Denies a Federal court jurisdiction, in a civil action regarding prison conditions, to enter or carry out a prisoner release order that would result in the release from or nonadmission to a prison, on the basis of prison conditions, of any person subject to incarceration, detention, or admission to a facility because of a felony conviction under the laws of the relevant jurisdiction, or a violation of the terms or conditions of parole, probation, pretrial release, or a diversionary program, relating to the commission of a felony under the laws of the relevant jurisdiction. Authorizes the Bureau of Prisons to revoke any credit toward service of a prisoner's sentence awarded after the date of enactment of the Prison Litigation Reform Act for noncompliance with institutional disciplinary regulations at any time before vesting. Repeals a provision of law requiring specific congressional authorization for salary increases for Federal judges and justices of the Supreme Court.
Bill· SJRESS.J.Res. 52 (105th)referred
United States · United States Congress · 11 June 1998
Constitutional Amendment - Prohibits a Senator from serving more than two terms and a Representative from serving more than three terms. Limits any person who, on the date of ratification of this article, has served or is serving to only one more term as a Senator or two more terms as a Representative.
Bill· SS. 2148 (105th)open
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.
Bill· HRH.R. 4019 (105th)open
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.
Bill· SS. 2135 (105th)referred
United States · United States Congress · 5 June 1998
Human Life Act of 1998 - Amends Federal law to declare that the Congress finds that: (1) the right to life is the paramount and most fundamental right of a person; and (2) the life of each human being begins at fertilization. Declares that Congress recognizes that, for purposes of enforcing the 14th amendment to the Constitution, the word "person" applies to all human beings, irrespective of age, health, function, or condition of dependency, including their unborn offspring at every stage of their biological development including fertilization. Declares that no unborn child shall be deprived of life by any person; but adds that nothing in this Act shall prohibit a law allowing justification to be shown for only those medical procedures required to prevent the death of either the pregnant woman or her unborn offspring, as long as such a law requires every reasonable effort to be made to preserve both their lives.
Bill· SJRESS.J.Res. 49 (105th)referred
United States · United States Congress · 5 June 1998
Constitutional Amendment - Declares that the right to life is the paramount and most fundamental right of a person. Declares that, with respect to the right to life guaranteed to persons by the 5th and 14th amendments to the Constitution, the word "person" applies to all human beings, irrespective of age, health, function, or condition of dependency, including their unborn offspring at every stage of their biological development including fertilization. Declares that no unborn child shall be deprived of life by any person; but adds that nothing in this article shall prohibit a law allowing justification to be shown for only those medical procedures required to prevent the death of either the pregnant woman or her unborn offspring, as long as such a law requires every reasonable effort to be made to preserve both their lives.
Resolution· SRESS.Res. 244 (105th)passed
United States · United States Congress · 5 June 1998
Expresses the sense of the Senate that: (1) the U.S. Government should remain committed to honoring the memory and spirit of the brave citizens of China who suffered and died in Tiananmen Square on June 4, 1989, for attempting to assert their internationally recognized rights; and (2) supporting the peaceful transition to democratic governance and the observance of internationally recognized human, civil, and political rights and the rule of law in China should be a principal goal of U.S. foreign policy.
Bill· SJRESS.J.Res. 48 (105th)referred
United States · United States Congress · 4 June 1998
Constitutional Amendment - Declares that: (1) to secure the people's right to acknowledge God according to the dictates of conscience, neither the United States nor any State shall establish an official religion; (2) the people's right to pray and to recognize their religious beliefs, heritage, or traditions on public property, including schools, shall not be infringed; and (3) neither the United States nor any State shall require any person to join in prayer or other religious activity, prescribe school prayers, discriminate against religion, or deny equal access to a benefit on account of religion.
Resolution· HRESH.Res. 453 (105th)passed
United States · United States Congress · 3 June 1998
Sets forth the rule (modified closed) for the consideration of H.J. Res. 78 (religious freedom).
Resolution· SRESS.Res. 240 (105th)passed
United States · United States Congress · 2 June 1998
Expresses the sense of the Senate that the Government of Laos should: (1) respect and fully honor its commitments to international norms of human rights and democratic freedoms for the Lao people as embodied in its constitution, international agreements, the 1962 Declaration on the Neutrality of Laos and its Protocol, and the 1973 Vientiane Agreement on Laos; (2) issue a public statement specifically reaffirming its commitment to protecting religious freedom; and (3) fully institute a process of democracy, human rights, and openly-contested free and fair elections in Laos and ensure that the National Assembly elections, currently scheduled for 2002, are openly contested.
Resolution· SRESS.Res. 235 (105th)passed
United States · United States Congress · 22 May 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.
Bill· HRH.R. 3926 (105th)referred
United States · United States Congress · 21 May 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.
Bill· SS. 2102 (105th)open
United States · United States Congress · 20 May 1998
Nigerian Democracy and Civil Society Empowerment Act - Expresses the sense of the Congress that: (1) the President should actively seek the cooperation of other countries as part of the U.S. policy of isolating the military government of Nigeria; (2) the President should instruct the U.S. Representative to the United Nations Commission on Human Rights (UNCHR) to use the U.S. vote at the UNCHR annual meeting to condemn human rights abuses in Nigeria, and to press for the continued renewal of the mandate of, and continued access to Nigeria for, the special rapporteur on Nigeria; and (3) the President should not send any other envoy to Nigeria, besides the U.S. Ambassador, without prior notification of the Congress, and should not designate a special envoy to Nigeria without consulting the Congress. (Sec. 4) Earmarks specified development assistance funds for FY 1999 through 2001 to: (1) nongovernmental organizations to promote democracy, good governance, and the rule of law in Nigeria; (2) the U.S. Agency for International Development (AID) to provide grants to support individuals or nongovernmental organizations that seek to promote, directly or indirectly, the advancement of human rights there; and (3) the U.S. Information Agency (USIA) to support its activities in Nigeria, including the promotion of greater awareness among Nigerians of constitutional democracy, the rule of law, and respect for human rights. Expresses the sense of the Congress that the Administrator of AID should: (1) increase the number of U.S. personnel at its office in Lagos, Nigeria, from within its current, overall staff resources; and (2) consider placement of personnel elsewhere in Nigeria. (Sec. 5) Prohibits economic and military assistance or arms transfers to the Government of Nigeria. Directs the Secretary of the Treasury to instruct the U.S. executive directors of specified international financial institutions to use the U.S. vote to oppose any multilateral assistance to the Government of Nigeria. (Sec. 6) Directs the Secretary of State to deny a visa to, and the Attorney General shall exclude from the United States, certain Nigerian nationals. (Sec. 7) Declares that, unless a free and fair presidential election has occurred in Nigeria during 1998, the President shall: (1) prohibit, under the International Emergency Economic Powers Act, any financial transaction involving the participation by a Nigerian national as a representative of the Federal Republic of Nigeria in a sporting event in the United States; (2) prohibit entry into the United States of any employees or military officers of the Nigerian government and their immediate families; (3) list by name to the appropriate congressional committees any senior Nigerian government officials and military officers who are suspended from entry into the United States; and (4) consider additional economic sanctions against Nigeria. Expresses the sense of the Congress that any international sports organization in which the United States is represented should refuse to invite the participation of any Nigerian national in any sporting event in the United States sponsored by that organization. (Sec. 8) Authorizes the President to waive any prohibition contained in this Act, provided the President makes a certain determination, and notifies the Congress, regarding Nigeria's human rights record and progress toward democracy. (Sec. 9) Prohibits any U.S. department or agency from providing any assistance or other contribution to any political party, group, organization, or person if it would have the purpose or effect of supporting or influencing any election or campaign for election in Nigeria. Authorizes the President to waive such prohibition if: (1) the climate exists in Nigeria for a free and fair democratic election that will lead to civilian rule; or (2) it is in the U.S. national interests to do so. (Sec. 10) Directs the Secretary of State to report annually to the appropriate congressional committees on governmental corruption in Nigeria.
Bill· HRH.R. 3918 (105th)referred
United States · United States Congress · 20 May 1998
Indonesia Human Rights Before Military Assistance Act - Prohibits U.S. military assistance to the Government of Indonesia unless the President certifies that it: (1) has been elected in free and fair elections; (2) does not repress civilian political expression; and (3) has made substantial improvement in human rights conditions in Indonesia and East Timor, as determined by independent international or U.S. monitors and the Secretary of State (including the release of political prisoners, open access throughout Indonesia, East Timor, and Irian Jaya (West Papua) to international monitoring and relief organizations as well as the press, and establishment of rule of law in Indonesia).
Resolution· HRESH.Res. 442 (105th)passed
United States · United States Congress · 20 May 1998
Sets forth the rule (open) for the consideration of H.J. Res. 119 (campaign spending limitation). Sets forth the rule (modified open) for the consideration of H.R. 2183 (campaign financing).
Bill· HRH.R. 3890 (105th)referred
United States · United States Congress · 19 May 1998
Nigerian Democracy and Civil Society Empowerment Act - Expresses the sense of the Congress that: (1) the President should, in any and all international fora, actively seek the cooperation of other countries as part of the U.S. policy of isolating the military government of Nigeria; (2) the President should instruct the U.S. Representative to the United Nations Human Rights Commission (UNHRC) to use the U.S. vote at the UNHRC annual meeting to condemn human rights abuses in Nigeria, and to press for the appointment of a special rapporteur on Nigeria; and (3) the President should not send any other envoy, besides the U.S. Ambassador, to Nigeria without prior notification of the Congress and should not designate a special envoy to Nigeria without consulting the Congress. (Sec. 4) Earmarks specified development assistance funds for FY 1999 through 2001 to: (1) nongovernmental organizations to promote democracy, good governance, and the rule of law in Nigeria; (2) the U.S. Agency for International Development (AID) to provide grants to support individuals or nongovernmental organizations that seek to promote, directly or indirectly, the advancement of human rights there; and (3) the U.S. Information Agency (USIA) to support its activities in Nigeria, including the promotion of greater awareness among Nigerians of constitutional democracy, the rule of law, and respect for human rights. Expresses the sense of the Congress that the Administrator of AID should: (1) increase the number of U.S. personnel at its office in Lagos, Nigeria, from within its current, overall staff resources; and (2) consider placement of personnel elsewhere in Nigeria. (Sec. 5) Prohibits economic and military assistance or arms transfers to the Government of Nigeria. Directs the Secretary of the Treasury to instruct the U.S. executive directors of specified international financial institutions to use the U.S. vote to oppose any multilateral assistance to the Government of Nigeria. (Sec. 6) Directs the Secretary of State to deny a visa to, and the Attorney General shall exclude from the United States, certain Nigerian nationals. (Sec. 7) Declares that, unless a free and fair presidential election has occurred in Nigeria during 1998, the President shall: (1) prohibit, under the International Emergency Economic Powers Act, any financial transaction involving the participation by a Nigerian national as a representative of the Federal Republic of Nigeria in a sporting event in the United States; (2) prohibit entry into the United States of any employees or military officers of the Nigerian government and their immediate families; (3) list by name to the appropriate congressional committees any senior Nigerian government officials and military officers who are suspended from entry into the United States; and (4) consider additional economic sanctions against Nigeria. Expresses the sense of the Congress that any international sports organization in which the United States is represented should refuse to invite the participation of any Nigerian national in any sporting event in the United States sponsored by that organization. (Sec. 8) Authorizes the President to waive any prohibition contained in this Act, provided the President makes a certain determination, and notifies the Congress, regarding Nigeria's human rights record and progress toward democracy. (Sec. 9) Prohibits any U.S. department or agency from providing any assistance or other contribution to any political party, group, organization, or person if it would have the purpose or effect of supporting or influencing any election or campaign for election in Nigeria. Authorizes the President to waive such prohibition if: (1) the climate exists in Nigeria for a free and fair democratic election that will lead to civilian rule; or (2) it is in the U.S. national interests to do so. (Sec. 10) Directs the Secretary of State to report annually to the appropriate congressional committees on governmental corruption in Nigeria.