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under subsection (b) or (c) if the person’s failure to pay
or deliver property is satisfactorily explained to the Mayor
and if the failure has resulted from a mistake by the per-
son in understanding or applying the law or the facts in-
volved.’’.
(2) FAILURE OF HOLDER TO EXERCISE DUE
DILIGENCE WITH RESPECT TO ITEMS SUBJECT TO
REPORTING.—Section 135 of such Act (D.C. Code,
sec. 42–235) is amended by adding at the end the
following new subsection:
‘‘(f) A holder who fails to exercise due diligence with
respect to information required to be reported under sec-
tion 117 shall pay (in addition to any other interest or
penalty which may be imposed under this section) a pen-
alty of $10 with respect to each item involved.’’.
(g) MISCELLANEOUS REVISIONS.—
(1) RESTRICTION ON AMOUNT CHARGED FOR
HOLDING CERTAIN BANK DEPOSITS AND FUNDS.—
(A) Section 106(e) of such Act (D.C. Code, sec. 42–
206(e)) is amended by adding at the end the follow-
ing new paragraph:
‘‘(4) The amount of the deduction is limited to an
amount that is not unconscionable.’’.
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(B) Section 106(f) of such Act (D.C. Code, sec.
42–206(f)) is amended by adding at the end the fol-
lowing new paragraph:
‘‘(3) The amount of the deduction is limited to an
amount that is not unconscionable.’’.
(2) CLARIFICATION OF APPLICATION OF LAW
TO
WAGES
AND
OTHER
COMPENSATION.—Section
116 of such Act (D.C. Code, sec. 42–216) is amend-
ed by striking ‘‘Unpaid wages or outstanding payroll
checks’’ and inserting ‘‘Wages or other compensation
for personal services’’.
(h) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendments made by
this section shall take effect on the date of the en-
actment of this Act.
(2) TRANSITION
RULE.—In the case of any
property which is presumed to be abandoned under
the Uniform Disposition of Unclaimed Property Act
of 1980 (as amended by this Act) during the 6-
month period which begins on the date of the enact-
ment of this Act and which would not be presumed
to be abandoned under such Act during such period
but for the amendments made by this Act, the prop-
erty may not be presumed to be abandoned under
such Act prior to the expiration of such period.
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RESTRICTIONS ON BORROWING
SEC. 158. (a) PROHIBITING USE OF BORROWING TO
FINANCE OR REFUND ACCUMULATED GENERAL FUND
DEFICIT.—None of the funds made available in this Act
or in any other Act may be used by the District of Colum-
bia (including the District of Columbia Financial Respon-
sibility and Management Assistance Authority) at any
time before, on, or after the date of the enactment of this
Act to obtain borrowing to finance or refund the accumu-
lated general fund deficit of the District of Columbia exist-
ing as of September 30, 1997.
(b) RESTRICTIONS ON USE OF FUNDS FOR DEBT
RESTRUCTURING.—None of the funds made available in
this Act or in any other Act may be used by the District
of Columbia (including the District of Columbia Financial
Responsibility and Management Assistance Authority)
during fiscal year 1998 or any succeeding fiscal year to
obtain borrowing (including borrowing through the issu-
ance of any bonds, notes, or other obligations) to repay
any other borrowing of funds or issuance of bonds, notes,
or other obligations unless—
(1) the aggregate cost to the District of the new
borrowing or issuance does not exceed the aggregate
cost of the original borrowing or issuance; and
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(2) the date provided for the final repayment of
the new borrowing or issuance is not later than the
date provided for the final repayment of the original
borrowing or issuance.
(c) PROHIBITING USE
OF FUNDS
FOR PRIVATE
BOND SALES.—None of the funds made available in this
Act or in any other Act may be used by the District of
Columbia (including the District of Columbia Financial
Responsibility and Management Assistance Authority)
during fiscal year 1998 or any succeeding fiscal year to
sell any bonds at a private sale.
REOPENING OF PENNSYLVANIA AVENUE
SEC. 159. Notwithstanding any other provision of law
or any other rule or regulation, beginning January 1,
1998, the portion of Pennsylvania Avenue in front of the
White House shall be reopened to regular vehicular traffic.
INDEPENDENCE IN CONTRACTING FOR CHIEF FINANCIAL
OFFICER AND INSPECTOR GENERAL
SEC. 160. (a) IN GENERAL.—Notwithstanding any
other provision of law, neither the Mayor of the District
of Columbia or the District of Columbia Financial Respon-
sibility and Management Assistance Authority may enter
into any contract with respect to any authority or activity
under the jurisdiction of the Chief Financial Officer or
Inspector General of the District of Columbia without the
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consent and approval of the Chief Financial Officer or In-
spector General (as the case may be).
(b) EFFECT ON OTHER POWERS AND DUTIES OF AU-
THORITY.—Nothing in this section may be construed—
(1) to affect the ability of the District of Co-
lumbia Financial Responsibility and Management
Assistance Authority to remove the Chief Financial
Officer or Inspector General of the District of Co-
lumbia from office during a control year (as defined
in section 305(4) of the District of Columbia Finan-
cial Responsibility and Management Assistance Act
of 1995); or
(2) to exempt any contracts entered into by the
Chief Financial Officer or Inspector General from
review by the Authority under section 203(b) of such
Act.
MISCELLANEOUS PROVISIONS
SEC. 161. (a) DEPOSIT OF ANNUAL FEDERAL CON-
TRIBUTION WITH AUTHORITY.—
(1) IN GENERAL.—The District of Columbia Fi-
nancial Responsibility and Management Assistance
Act of 1995, as amended by section 11601(b)(2) of
the Balanced Budget Act of 1997, is amended by in-
serting after section 204 the following new section:
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‘‘SEC. 205. DEPOSIT OF ANNUAL FEDERAL CONTRIBUTION
WITH AUTHORITY.
‘‘(a) IN GENERAL.—
‘‘(1) DEPOSIT INTO ESCROW ACCOUNT.—In the
case of a fiscal year which is a control year, the Sec-
retary of the Treasury shall deposit any Federal
contribution to the District of Columbia for the year
authorized under section 11601(c)(2) of the Bal-
anced Budget Act of 1997 into an escrow account
held by the Authority, which shall allocate the funds
to the Mayor at such intervals and in accordance
with such terms and conditions as it considers ap-
propriate to implement the financial plan for the
year. In establishing such terms and conditions, the
Authority shall give priority to using the Federal
contribution for cash flow management and the pay-
ment of outstanding bills owed by the District gov-
ernment.
‘‘(2) EXCEPTION FOR AMOUNTS WITHHELD FOR
ADVANCES.—Paragraph (1) shall not apply with re-
spect to any portion of the Federal contribution
which is withheld by the Secretary of the Treasury
in accordance with section 605(b)(2) of title VI of
the District of Columbia Revenue Act of 1939 to re-
imburse the Secretary for advances made under title
VI of such Act.
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‘‘(b) EXPENDITURE OF FUNDS FROM ACCOUNT IN
ACCORDANCE WITH AUTHORITY INSTRUCTIONS.—Any
funds allocated by the Authority to the Mayor from the
escrow account described in paragraph (1) may be ex-
pended by the Mayor only in accordance with the terms
and conditions established by the Authority at the time
the funds are allocated.’’.
(2) CLERICAL AMENDMENT.—The table of con-
tents for such Act is amended by inserting after the
item relating to section 204 the following new item:
‘‘Sec. 205. Deposit of annual Federal contribution with Authority.’’.
(3) EFFECTIVE DATE.—The amendments made
by this subsection shall take effect as if included in
the enactment of the Balanced Budget Act of 1997.
(b) DISHONORED CHECK COLLECTION.—The Act en-
titled ‘‘An Act to authorize the Commissioners of the Dis-
trict of Columbia to prescribe penalties for the handling
and collection of dishonored checks’’, approved September
28, 1965 (D.C. Code, sec. 1–357) is amended—
(1) in subsection (a) by inserting after the third
sentence the following: ‘‘The Mayor may enter into
a contract to collect the amount of the original obli-
gation.’’; and
(2) by adding at the end the following new sub-
sections:
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‘‘(c) In a case in which the amount of a dishonored
or unpaid check is collected as a result of a contract, the
Mayor shall collect any costs or expenses incurred to col-
lect such amount from such person who gives or causes
to be given, in payment of any obligation or liability due
the government of the District of Columbia, a check which
is subsequently dishonored or not duly paid. In a case in
which the amount of a dishonored or unpaid check is col-
lected as a result of an action at law or in equity, such
costs and expenses shall include litigation expenses and
attorney’s fees.
‘‘(d) An action at law or in equity for the recovery
of any amount owed to the District as a result of sub-
section (c), including any litigation expenses or attorney’s
fees may be initiated—
‘‘(1) by the Corporation Counsel of the District
of Columbia; or
‘‘(2) in a case in which the Corporation Counsel
does not exercise his or her authority, by the person
who provides collection services as a result of a con-
tract with the Mayor.
‘‘(e) Nothing in this section may be construed to
eliminate the Mayor’s exclusive authority with respect to
any obligations and liabilities of the District of Colum-
bia.’’.
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(c) REQUIRING DISTRICT GOVERNMENT OFFICIALS
TO PROVIDE INFORMATION UPON REQUEST TO CONGRES-
SIONAL COMMITTEES.—Notwithstanding any provision of
law or any other rule or regulation, during fiscal year
1998 and each succeeding fiscal year, at the request of
the Committee on Appropriations of the House of Rep-
resentatives, the Committee on Appropriations of the Sen-
ate, the Committee on Government Reform and Oversight
of the House of Representatives, or the Committee on
Governmental Affairs of the Senate, any officer or em-
ployee of the District of Columbia government (including
any officer or employee of the District of Columbia Finan-
cial Responsibility and Management Assistance Authority)
shall provide the Committee with such information and
materials as the Committee may require, within such
deadline as the Committee may require.
(d) PROHIBITING CERTAIN HELICOPTER FLIGHTS
OVER DISTRICT.—None of the funds made available in
this Act or in any other Act may be used by the District
of Columbia to grant a permit or license to any person
for purposes of any business in which the person provides
tours of any portion of the District of Columbia by heli-
copter.
(e) CONFORMING REFERENCES TO INTERNAL REVE-
NUE CODE OF 1986.—Section 4(28A) of the District of
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Columbia Income and Franchise Act of 1947 (D.C. Code,
sec. 47–1801.4(28A)) is amended to read as follows:
‘‘(28A) The term ‘Internal Revenue Code of
1986’ means the Internal Revenue Code of 1986
(100 Stat. 2085; 26 U.S.C. 1 et seq.), as amended
through August 20, 1996. The provisions of the In-
ternal Revenue Code of 1986 shall be effective on
the same dates that they are effective for Federal
tax purposes.’’.
(f) STANDARD FOR REVIEW OF RECOMMENDATIONS
OF BUSINESS REGULATORY REFORM COMMISSION IN RE-
VIEW
OF
REGULATIONS
BY
AUTHORITY.—Section
11701(a)(1) of the Balanced Budget Act of 1997 is
amended by striking the second sentence and inserting the
following: ‘‘In carrying out such review, the Authority
shall include an explicit reference to each recommendation
made by the Business Regulatory Reform Commission
pursuant to the Business Regulatory Reform Commission
Act of 1994 (D.C. Code, sec. 2–4101 et seq.), together
with specific findings and conclusions with respect to each
such recommendation.’’.
(g) TECHNICAL CORRECTIONS RELATING TO BAL-
ANCED BUDGET ACT OF 1997.—(1) Effective as if in-
cluded in the enactment of the Balanced Budget Act of
1997, section 453(c) of the District of Columbia Home
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Rule Act (D.C. Code, sec. 47–304.1(c)), as amended by
section 11243(d) of the Balanced Budget Act of 1997, is
amended to read as follows:
‘‘(c) Subsection (a) shall not apply to amounts appro-
priated or otherwise made available to the Council, the
District of Columbia Financial Responsibility and Man-
agement Assistance Authority established under section
101(a) of the District of Columbia Financial Responsibil-
ity and Management Assistance Act of 1995, or the Dis-
trict of Columbia Water and Sewer Authority established
pursuant to the Water and Sewer Authority Establish-
ment and Department of Public Works Reorganization
Act of 1996.’’.
(2) Section 11201(g)(2)(A)(ii) of the Balanced Budg-
et Act of 1997 is amended—
(A) in the heading, by striking ‘‘DEPARTMENT
OF PARKS AND RECREATION’’ and inserting ‘‘PARKS
AUTHORITY’’; and
(B) by striking ‘‘Department of Parks and
Recreation’’ and inserting ‘‘Parks Authority’’.
(h) REPEAL OF PRIOR NOTICE REQUIREMENT FOR
FEDERAL ACTIVITIES AFFECTING REAL PROPERTY IN
DISTRICT OF COLUMBIA.—Effective October 1, 1997, the
Balanced Budget Act of 1997 (Public Law 105–33) is
amended by striking section 11715.
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This title may be cited as the ‘‘District of Columbia
Appropriations Act, 1998’’.
TITLE II—DISTRICT OF COLUM-
BIA MEDICAL LIABILITY RE-
FORM
Subtitle A—Standards for Health
Care 
Liability 
Actions 
and
Claims in the District of Colum-
bia
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘District of Columbia
Medical Liability Reform Act of 1997’’.
SEC. 202. STATUTE OF LIMITATIONS.
A District of Columbia health care liability action
may not be brought after the expiration of the 2-year pe-
riod that begins on the date on which the alleged injury
that is the subject of the action was discovered or should
reasonably have been discovered, but in no case after the
expiration of the 5-year period that begins on the date
the alleged injury occurred.
SEC. 203. TREATMENT OF NONECONOMIC DAMAGES.
(a) LIMITATION ON NONECONOMIC DAMAGES.—The
total amount of noneconomic damages that may be award-
ed to a claimant for losses resulting from the injury which
is the subject of a District of Columbia health care liability
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action may not exceed $250,000, regardless of the number
of parties against whom the action is brought or the num-
ber of actions brought with respect to the injury.
(b) JOINT AND SEVERAL LIABILITY.—In any District
of Columbia health care liability action, a defendant shall
be liable only for the amount of noneconomic damages at-
tributable to such defendant in direct proportion to such
defendant’s share of fault or responsibility for the claim-
ant’s actual damages, as determined by the trier of fact.
In all such cases, the liability of a defendant for non-
economic damages shall be several and not joint.
SEC. 204. CRITERIA FOR AWARDING OF PUNITIVE DAM-
AGES; LIMITATION ON AMOUNT AWARDED.
(a) IN GENERAL.—Punitive damages may, to the ex-
tent permitted by applicable District of Columbia law, be
awarded in any District of Columbia health care liability
action if the claimant establishes by clear and convincing
evidence that the harm suffered was the result of—
(1) conduct specifically intended to cause harm,
or
(2) conduct manifesting a conscious, flagrant
indifference to the rights or safety of others.
(b) PROPORTIONAL AWARDS.—The amount of puni-
tive damages that may be awarded in any District of Co-
lumbia health care liability action may not exceed 3 times
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the amount of damages awarded to the claimant for eco-
nomic loss, or $250,000, whichever is greater. This sub-
section shall be applied by the court and shall not be dis-
closed to the jury.
(c) APPLICABILITY.—This subsection shall apply to
any District of Columbia health care liability action
brought on any theory under which punitive damages are
sought. This subsection does not create a cause of action
for punitive damages. This subsection does not preempt
or supersede any law to the extent that such law would
further limit the award of punitive damages.
(d) BIFURCATION.—At the request of any party, the
trier of fact shall consider in a separate proceeding wheth-
er punitive damages are to be awarded and the amount
of such award. If a separate proceeding is requested, evi-
dence relevant only to the claim of punitive damages, as
determined by applicable District of Columbia law, shall
be inadmissible in any proceeding to determine whether
actual damages are to be awarded.
SEC. 205. TREATMENT OF PUNITIVE DAMAGES IN ACTIONS
RELATING TO DRUGS OR MEDICAL DEVICES.
(a) PROHIBITING AWARD OF PUNITIVE DAMAGES
WITH RESPECT TO CERTAIN APPROVED DRUGS AND DE-
VICES.—
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(1) IN GENERAL.—In any District of Columbia
health care liability action, punitive damages may
not be awarded against a manufacturer or product
seller of a drug or medical device which caused the
claimant’s harm if—
(A) such drug or device was subject to pre-
market approval by the Food and Drug Admin-
istration with respect to the safety of the for-
mulation or performance of the aspect of such
drug or device which caused the claimant’s
harm, or the adequacy of the packaging or la-
beling of such drug or device which caused the
harm, and such drug, device, packaging, or la-
beling was approved by the Food and Drug Ad-
ministration; or
(B) the drug is generally recognized as
safe and effective pursuant to conditions estab-
lished by the Food and Drug Administration
and applicable regulations, including packaging
and labeling regulations.
(2) EXCEPTION.—Paragraph (1) shall not
apply in any case in which the defendant, before or
after premarket approval of a drug or device—
(A) intentionally and wrongfully withheld
from or misrepresented to the Food and Drug
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Administration information concerning such
drug or device required to be submitted under
the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 301 et seq.) or section 351 of the Public
Health Service Act (42 U.S.C. 262) that is ma-
terial and relevant to the harm suffered by the
claimant, or
(C) made an illegal payment to an official
or employee of the Food and Drug Administra-
tion for the purpose of securing or maintaining
approval of such drug or device.
(b) SPECIAL RULE REGARDING CLAIMS RELATING
TO PACKAGING.—In a District of Columbia health care
liability action relating to the adequacy of the packaging
or labeling of a drug which is required to have tamper-
resistant packaging under regulations of the Secretary of
Health and Human Services (including labeling regula-
tions related to such packaging), the manufacturer or
product seller of the drug shall not be held liable for puni-
tive damages unless such packaging or labeling is found
by the court by clear and convincing evidence to be sub-
stantially out of compliance with such regulations.
(c) DEFINITIONS.—In this section, the following defi-
nitions apply:
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(1) DRUG.—The term ‘‘drug’’ has the meaning
given such term in section 201(g)(1) of the Federal
Food, 
Drug, 
and 
Cosmetic 
Act 
(21 
U.S.C.
321(g)(1)).
(2) MEDICAL DEVICE.—The term ‘‘medical de-
vice’’ has the meaning given such term in section
201(h) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 321(h)).
(3) PRODUCT SELLER.—
(A) IN
GENERAL.—Subject to subpara-
graph (B), the term ‘‘product seller’’ means a
person who, in the course of a business con-
ducted for that purpose—
(i) sells, distributes, rents, leases, pre-
pares, blends, packages, labels, or is other-
wise involved in placing, a product in the
stream of commerce, or
(ii) installs, repairs, or maintains the
harm-causing aspect of a product.
(B) EXCLUSION.—Such term does not in-
clude—
(i) a seller or lessor of real property;
(ii) a provider of professional services
in any case in which the sale or use of a
product is incidental to the transaction and
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the essence of the transaction is the fur-
nishing of judgment, skill, or services; or
(iii) any person who—
(I) acts in only a financial capac-
ity with respect to the sale of a prod-
uct; or
(II) leases a product under a
lease arrangement in which the selec-
tion, possession, maintenance, and op-
eration of the product are controlled
by a person other than the lessor.
SEC. 206. PERIODIC PAYMENTS FOR FUTURE LOSSES.
(a) IN GENERAL.—In any District of Columbia
health care liability action in which the damages awarded
for future economic and noneconomic loss exceeds
$50,000, a person shall not be required to pay such dam-
ages in a single, lump-sum payment, but shall be per-
mitted to make such payments periodically based on when
the damages are found likely to occur, as such payments
are determined by the court.
(b) FINALITY OF JUDGMENT.—The judgment of the
court awarding periodic payments under this section may
not, in the absence of fraud, be reopened at any time to
contest, amend, or modify the schedule or amount of the
payments.
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(c) LUMP-SUM SETTLEMENTS.—This section may
not be construed to preclude a settlement providing for
a single, lump-sum payment.
SEC. 207. TREATMENT OF COLLATERAL SOURCE PAY-
MENTS.
(a) INTRODUCTION INTO EVIDENCE.—In any Dis-
trict of Columbia health care liability action, any defend-
ant may introduce evidence of collateral source payments.
If any defendant elects to introduce such evidence, the
claimant may introduce evidence of any amount paid or
contributed or reasonably likely to be paid or contributed
in the future by or on behalf of the claimant to secure
the right to such collateral source payments.
(b) NO SUBROGATION.—No provider of collateral
source payments may recover any amount against the
claimant or receive any lien or credit against the claim-
ant’s recovery or be equitably or legally subrogated the
right of the claimant in a District of Columbia health care
liability action.
(c) APPLICATION TO SETTLEMENTS.—This section
shall apply to an action that is settled as well as an action
that is resolved by a fact finder.
(d) COLLATERAL SOURCE PAYMENTS DEFINED.—In
this section, the term ‘‘collateral source payments’’ means
any amount paid or reasonably likely to be paid in the
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future to or on behalf of a claimant, or any service, prod-
uct, or other benefit provided or reasonably likely to be
provided in the future to or on behalf of a claimant, as
a result of an injury or wrongful death, pursuant to—
(1) any State or Federal health, sickness, in-
come-disability, accident or workers’ compensation
Act;
(2) any health, sickness, income-disability, or
accident insurance that provides health benefits or
income-disability coverage;
(3) any contract or agreement of any group, or-
ganization, partnership, or corporation to provide,
pay for, or reimburse the cost of medical, hospital,
dental, or income disability benefits; and
(4) any other publicly or privately funded pro-
gram.
SEC. 208. APPLICATION OF STANDARDS TO CLAIMS RE-
SOLVED THROUGH ALTERNATIVE DISPUTE
RESOLUTION.
(a) IN GENERAL.—Any alternative dispute resolution
system used to resolve a District of Columbia health care
liability action or claim shall contain provisions relating
to statute of limitations, non-economic damages, joint and
several liability, punitive damages, collateral source rule,
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and periodic payments which are identical to the provi-
sions relating to such matters in this title.
(b) ALTERNATIVE DISPUTE RESOLUTION SYSTEM
DEFINED.—In this title, the term ‘‘alternative dispute res-
olution system’’ means a system that provides for the reso-
lution of District of Columbia health care liability claims
in a manner other than through District of Columbia
health care liability actions.
Subtitle B—General Provisions
SEC. 211. GENERAL DEFINITIONS.
(a) DISTRICT OF COLUMBIA HEALTH CARE LIABIL-
ITY ACTION.—
(1) IN GENERAL.—In this title, the term ‘‘Dis-
trict of Columbia health care liability action’’ means
a civil action brought against a health care provider,
an entity which is obligated to provide or pay for
health benefits under any health benefit plan (in-
cluding any person or entity acting under a contract
or arrangement to provide or administer any health
benefit), or the manufacturer, distributor, supplier,
marketer, promoter, or seller of a medical product,
in which the claimant alleges a claim (including
third party claims, cross claims, counter claims, or
distribution claims) based upon the provision of (or
the failure to provide or pay for) health care services
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or the use of a medical product within the District
of Columbia, regardless of the theory of liability on
which the claim is based or the number of plaintiffs,
defendants, or causes of action.
(2) 
HEALTH
BENEFIT
PLAN.—The 
term
‘‘health benefit plan’’ means—
(A) a hospital or medical expense incurred
policy or certificate,
(B) a hospital or medical service plan con-
tract,
(C) a health maintenance subscriber con-
tract, or
(D) a Medicare+Choice plan (as described
in section 1859(b)(1) of the Social Security
Act),
that provides benefits with respect to health care
services.
(3) HEALTH
CARE
PROVIDER.—The term
‘‘health care provider’’ means any person that is en-
gaged in the delivery of health care services in the
District of Columbia and that is required by the
laws or regulations of the District of Columbia to be
licensed or certified to engage in the delivery of such
services in the District of Columbia, and includes an
employee of the government of the District of Co-
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lumbia (including an independent agency of the Dis-
trict of Columbia).
(b) DISTRICT OF COLUMBIA HEALTH CARE LIABIL-
ITY CLAIM.—The term ‘‘District of Columbia health care
liability claim’’ means a claim in which the claimant al-
leges that injury was caused by the provision of (or the
failure to provide) health care services within the District
of Columbia.
(c) OTHER DEFINITIONS.—As used in this title:
(1) ACTUAL DAMAGES.—The term ‘‘actual dam-
ages’’ means damages awarded to pay for economic
loss.
(2) CLAIMANT.—The term ‘‘claimant’’ means
any person who brings a District of Columbia health
care liability action and any person on whose behalf
such an action is brought. If such action is brought
through or on behalf of an estate, the term includes
the claimant’s decedent. If such action is brought
through or on behalf of a minor or incompetent, the
term includes the claimant’s legal guardian.
(3) CLEAR AND CONVINCING EVIDENCE.—The
term ‘‘clear and convincing evidence’’ is that meas-
ure or degree of proof that will produce in the mind
of the trier of fact a firm belief or conviction as to
the truth of the allegations sought to be established.
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Such measure or degree of proof is more than that
required under preponderance of the evidence but
less than that required for proof beyond a reason-
able doubt.
(4) ECONOMIC
LOSS.—The term ‘‘economic
loss’’ means any pecuniary loss resulting from injury
(including the loss of earnings or other benefits re-
lated to employment, medical expense loss, replace-
ment services loss, loss due to death, burial costs,
and loss of business or employment opportunities),
to the extent recovery for such loss is allowed under
applicable District of Columbia law.
(5) HARM.—The term ‘‘harm’’ means any le-
gally cognizable wrong or injury for which punitive
damages may be imposed.
(6) HEALTH CARE SERVICE.—The term ‘‘health
care service’’ means any service for which payment
may be made under a health benefit plan including
services related to the delivery or administration of
such service.
(7) NONECONOMIC DAMAGES.—The term ‘‘non-
economic damages’’ means damages paid to an indi-
vidual for pain and suffering, inconvenience, emo-
tional distress, mental anguish, loss of consortium,
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injury to reputation, humiliation, and other nonpecu-
niary losses.
(8) PERSON.—The term ‘‘person’’ means any
individual, corporation, company, association, firm,
partnership, society, joint stock company, or any
other entity, including any governmental entity.
(9) PUNITIVE DAMAGES.—The term ‘‘punitive
damages’’ means damages awarded against any per-
son not to compensate for actual injury suffered, but
to punish or deter such person or others from en-
gaging in similar behavior in the future.
SEC. 212. NONAPPLICATION TO CERTAIN ACTIONS; PRE-
EMPTION.
(a) APPLICABILITY.—This title shall not apply to—
(1) an action for damages arising from a vac-
cine-related injury or death to the extent that title
XXI of the Public Health Service Act applies to the
action, or
(2) an action under the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1001 et
seq.).
(b) PREEMPTION.—This title shall preempt any Dis-
trict of Columbia law to the extent such law is inconsistent
with the limitations contained in this title. This title shall
not preempt any District of Columbia law that provides
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for defenses or places limitations on a person’s liability
in addition to those contained in this title or otherwise
imposes greater restrictions than those provided in this
title.
(c) EFFECT ON SOVEREIGN IMMUNITY AND CHOICE
OF LAW OR VENUE.—Nothing in this title may be con-
strued to—
(1) waive or affect any defense of sovereign im-
munity asserted by the District of Columbia under
any provision of law;
(2) waive or affect any defense of sovereign im-
munity asserted by the United States;
(3) affect the applicability of any provision of
the Foreign Sovereign Immunities Act of 1976;
(4) preempt any choice-of-law rules with respect
to claims brought by a foreign nation or a citizen of
a foreign nation; or
(5) affect the right of any court to transfer
venue or to apply the law of a foreign nation or to
dismiss a claim of a foreign nation or of a citizen
of a foreign nation on the ground of inconvenient
forum.