United States · United States Congress · 26 June 1998
Officer Dale Claxton Bullet Resistant Police Protective Equipment Act of 1998 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (the Act) to authorize the Director of the Bureau of Justice Assistance to make grants to States, local governments, and Indian tribes to purchase bullet resistant equipment for use by law enforcement officers. Sets forth provisions regarding permissible uses of grant funds, preferential consideration, minimum and maximum allocations, matching funds, awards to local governmental units with fewer than 100,000 residents, and application requirements. Authorizes appropriations for FY 1999 through 2001. (Sec. 4) Expresses the sense of the Congress that entities receiving assistance under this Act should purchase only American-made equipment and products. (Sec. 5) Authorizes the National Institute of Justice (NIJ) to: (1) conduct research and otherwise work to develop new bullet resistant technologies for use in police equipment; (2) inventory bullet resistant technologies used in the private sector, in surplus military property, and by foreign countries; and (3) promulgate relevant standards for, and conduct technical and operational testing and evaluation of, bullet resistant technology and equipment, and otherwise facilitate the use of that technology in police equipment. Directs NIJ to give priority in testing and engineering surveys to law enforcement partnerships developed in coordination with High Intensity Drug Trafficking Areas. Authorizes appropriations for FY 1999 through 2001.
United States · United States Congress · 25 June 1998
Amends the Omnibus Crime Control and Safe Streets Act of 1968 to permit grants for public safety and community policing to be used to establish school-based partnerships between local law enforcement agencies and local school systems by using school resource officers who operate in and around elementary and secondary schools to combat school-related crime and disorder problems, gangs, and drug activities. Defines "school resource officer" to mean a career law enforcement officer, with sworn authority, deployed in community-oriented policing, assigned by the employing police department or agency to work in collaboration with schools and community-based organizations to: (1) address crime and disorder problems, gangs, and drug activities affecting or occurring in or around an elementary or secondary school; (2) develop or expand crime prevention efforts for students; (3) educate likely school-age victims in crime prevention and safety; (4) develop or expand community justice initiatives for students; (5) train students in conflict resolution, restorative justice, and crime awareness; (6) assist in the identification of physical changes in the environment that may reduce crime in or around the school; and (7) assist in developing school policy that addresses crime and recommend procedural changes.
United States · United States Congress · 23 June 1998
Lewis and Clark Expedition Bicentennial Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue one-dollar and half-dollar coins emblematic of the expedition of Lewis and Clark. Allocates surcharges from coin sales between the National Lewis and Clark Bicentennial Council and the National Park Service for activities associated with the bicentennial commemoration of the expedition.
United States · United States Congress · 16 June 1998
Superfund Recycling Equity Act of 1998 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to absolve persons (other than owners or operators) who arranged for the recycling of recyclable material from liability for environmental response actions. Deems transactions involving scrap paper, plastic, glass, textiles, or rubber (other than whole tires) to be arranging for recycling if the person who arranged the transaction demonstrates that the following criteria were met: (1) the recyclable material met a commercial specification grade and a market existed for the material; (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product; (3) the material (or product to be made from the material) could have been a replacement for a virgin raw material; and (4) with respect to transactions occurring 90 days after this Act's enactment, the person exercised reasonable care to determine that the facility where the material would be managed by another was in compliance with Federal, State, or local environmental laws or regulations. Deems transactions involving scrap metal to be arranging for recycling if the person who arranged the transaction demonstrates that: (1) the criteria for scrap materials were met; (2) he or she complied with applicable standards regarding activities associated with the recycling of scrap metals; and (3) the scrap metal was not melted prior to the transaction. Deems transactions involving spent lead-acid, nickel-cadmium, or other batteries to be arranging for recycling if the person involved demonstrates that: (1) the criteria for scrap materials were met; and (2) he or she complied with applicable Federal environmental regulations or standards regarding such batteries. Makes the exemptions from liability under this Act inapplicable if the person: (1) had an objectively reasonable basis to believe at the time of the recycling transaction that the recyclable material would not be recycled or would be burned as fuel or for energy recovery or incineration or that the consuming facility was not in compliance with Federal, State, or local environmental laws or regulations; (2) had reason to believe that hazardous substances had been added to the material for purposes other than processing for recycling; or (3) failed to exercise reasonable care with respect to the management of the material. Makes such exemptions inapplicable if the recyclable material contained polychlorinated biphenyls in excess of 50 parts per million or any new Federal standard or if such material is an item of scrap paper containing, at the time of recycling, a concentration of a hazardous substance determined to present a significant human health or environmental risk.
United States · United States Congress · 5 June 1998
Pine River Project Conveyance Act - Authorizes the Secretary of the Interior to convey to the Pine River Irrigation District, Colorado, a specified interest of the Pine River Project (a water facilities project which includes the Vallecito Dam and Reservoir in Colorado, along with related easements and appurtenances). Authorizes the Secretary to convey a remaining fractional interest in such Project to the Southern Ute Indian Tribe of Colorado, pursuant to a specified memorandum of understanding. Provides for: (1) the transfer of certain inundated lands along the Dam and Reservoir; and (2) appropriate administrative jurisdiction over such lands after such transfer. Requires the conveyance under this Act to occur promptly after the completion of specified events, including compliance with applicable environmental laws, issuance of a statement by the Ute Tribe that their trust assets have been protected, and development of a flood control plan by the Secretary of the Army which shall direct the District in the operation of the Vallecito Dam for such purpose. Directs the Secretary, if the transfer is not substantially completed, to report to specified congressional committees within 18 months after the enactment of this Act on the transfer's status, obstacles, and anticipated completion date.
United States · United States Congress · 5 June 1998
Amends the Reclamation Projects Authorization and Adjustment Act of 1992 to authorize the Secretary of the Interior to participate in the design, planning, and construction of the Denver Water Reuse project to reclaim and reuse water in the service area of the Denver Water Department of the city and county of Denver, Colorado. Limits the Federal share of the cost of such project to 25 percent.
United States · United States Congress · 5 June 1998
Honesty in Sweepstakes Act of 1998 - Amends Federal postal law to prohibit delivery of any mail constituting a solicitation or offer in connection with a sales promotion for a product or service that uses any game of chance offering anything of value (including any sweepstakes) or anything resembling a negotiable instrument, unless specified notices in a specified font are printed on the envelope and enclosed material. States that nothing in this Act shall preempt any State law that regulates advertising or sales of goods and services associated with any game of chance.
United States · United States Congress · 4 June 1998
Small Employer Nest Egg Act - Amends the Internal Revenue Code to set forth provisions for: (1) a small employer (100 or fewer employees) retirement plan; (2) a credit for the expenses of establishing such a plan; and (3) a model small employer retirement plan.
United States · United States Congress · 22 May 1998
Olympic and Amateur Sports Act Amendments of 1998 - Retitles the Amateur Sports Act as the Olympic and Amateur Sports Act. (Sec. 4) Includes the Paralympic Games and amateur athletes with disabilities within the scope of the Act and the United States Olympic Committee (USOC). States that the USOC may be sued only in Federal court for matters pertaining solely to such Act. (Sec. 5) Provides for: (1) establishment of an Athletes' Advisory Council; (2) USOC membership for paralympic sports organizations; and (3) USOC board of directors to be at least 20 percent amateur athletes. (Sec. 6) Includes the International Paralympic Committee and the Pan-American Sports Organization (and their symbols) within the USOC trademark protections, including the exclusive right by the USOC to authorize such symbols' use. (Sec. 7) Requires the USOC to have a designated agent in Colorado to receive service of process. (Current law requires an agent in each State.) (Sec. 8) Requires reports every fourth year. (Current law requires annual reports.) (Sec. 9) Includes the Paralympic Games within the scope of specified USOC dispute resolution provisions. Prohibits a court from granting injunctive relief against the USOC in a dispute about an athlete's participation under specified conditions. Requires the USOC to hire an ombudsman to provide athletes with free advice about their rights under such Act. (Sec. 10) Authorizes the USOC to send an incomplete team to an event if a team roster can not be filled with qualifying athletes. (Sec. 11) Includes the Paralympic Games within the scope of certain provisions regarding recognition of amateur sports organizations. Requires the USOC to hold at least two public hearings before recognizing a national governing body. Revises related provisions regarding: (1) written notifications; (2) arbitration; (3) criteria and election procedures for certain governing board athlete requirements; and (4) paralympic governing bodies. (Sec. 12) Requires national governing bodies to distribute certain information in a timely manner to coaches, athletes, and others involved in the sport. (Sec. 14) Requires the USOC to notify a national governing body of probation and the required corrective actions. (Sec. 15) Requires the USOC to report to the Congress five years from the date of enactment of this Act regarding the effectiveness of its provisions.
United States · United States Congress · 20 May 1998
TABLE OF CONTENTS: Title I: Intergovernmental Agreements Title II: Tort Liability Insurance Indian Tribal Conflict Resolution and Tort Claims and Risk Management Act of 1998 - Title I: Intergovernmental Agreements - Grants U.S. consent for States, Indian tribes, and tribal organizations to enter into compacts and agreements under this title, including those relating to the collection and payment of certain retail taxes. Requires copies of such compacts or agreements to be filed with the Secretary of the Interior within 30 days. Sets forth compact or agreement limitations and provisions concerning revocation and revision or renewal. (Sec. 102) Requires good faith negotiations with regard to a claim, with the objective of achieving an intergovernmental agreement or compact. Directs the Secretary to cause to occur and facilitate such negotiations. Provides for: (1) selection of a mediator; (2) negotiation procedures; (3) the exchange of appropriate records and documentation; (4) negotiation termination after one year, unless an extension is mutually agreed upon by the parties; and (5) a negotiated settlement as the final resolution of the claim. (Sec. 103) Authorizes the Secretary, if negotiations fail to result in a settlement, to refer the State and Indian tribe involved to the Intergovernmental Alternative Dispute Panel, which shall consult with the Federal Mediation Conciliation Service. Outlines Service duties with respect to assistance to the Panel for its dispute resolution. (Sec. 104) Provides judicial enforcement of intergovernmental agreements under this title. (Sec. 105) Directs the Secretary to establish the Tribal-Federal-State Commission to advise the Secretary on issues of intergovernmental concern with respect to Indian tribes, States, and the Federal Government, including law enforcement, civil and criminal jurisdiction, taxation, transportation, economy development, and related matters. Requires annual reports from the Commission to the President and specified congressional committees. (Sec. 106) Authorizes the United States to provide financial assistance for personnel and administrative expenses under any compact or agreement reached under this title. Title II: Tort Liability Insurance - Directs the Secretary, within two years after the enactment of this Act, to obtain or provide tort liability insurance or equivalent coverage for each Indian tribe that receives a tribal priority allocation from amounts made available to the Bureau of Indian Affairs for the operation of Indian programs. Requires such insurance to be obtained or provided in the most cost-effective manner available. Sets forth insurance requirements, conditions, and limitations. (Sec. 202) Directs the Secretary, before obtaining or providing such insurance, to conduct a comprehensive study of the degree, type, and adequacy of liability insurance coverage of Indian tribes at the time of the study. Requires annual reports from the Secretary to the Congress on the implementation of this title.
United States · United States Congress · 20 May 1998
Directs the United States Sentencing Commission to amend the Federal sentencing guidelines to provide: (1) a sentencing enhancement of at least two levels for offenses involving counterfeit bearer obligations of the United States; and (2) an additional sentencing enhancement of at least two levels with respect to any such offense involving the use of a computer printer or a color photocopying machine.
United States · United States Congress · 20 May 1998
American Land Sovereignty Protection Act - Amends the National Historic Preservation Act Amendments of 1980 to prohibit the Secretary of the Interior from nominating any Federal lands for inclusion on the World Heritage List pursuant to the Convention Concerning the Protection of the World Cultural and Natural Heritage unless: (1) the Secretary publishes a finding that commercially viable uses of nominated lands and lands within ten miles of them will not be adversely affected by such inclusion; (2) the Secretary has reported to the Congress on the lands' natural resources and the impact that the inclusion would have on existing and future uses of such lands; and (3) such nomination is specifically authorized by a law. Authorizes the President to submit proposals for legislation authorizing such a nomination after publication of the Secretary's finding. Requires the Secretary to object to the inclusion of any property in the United States on the list of World Heritage in Danger (established under the Convention) unless the Secretary: (1) has reported to the Congress on the necessity for such inclusion, the natural resources associated with the property, and the impact such inclusion would have on existing and future uses of such property; and (2) is specifically authorized to assent to the inclusion by a joint resolution of the Congress enacted after the report is submitted. Directs the Secretary to submit an annual report to specified congressional committees on the management of each World Heritage Site within the United States. (Sec. 4) Prohibits any Federal official from nominating any lands in the United States for designation as a Biosphere Reserve under the Man and Biosphere Program of the United Nations Educational, Scientific, and Cultural Organization. Provides that any such designation before enactment of this Act shall not have any force or effect, unless the Biosphere Reserve: (1) is specifically authorized by a law enacted before December 31, 2000; (2) consists solely of federally owned lands; and (3) is subject to a management plan that specifically ensures that the use of intermixed or adjacent non-Federal property is not limited or restricted as a result of that designation. Directs the Secretary of State to report annually to specified congressional committees information on the management of each Biosphere Reserve within the United States. (Sec. 5) Prohibits any Federal official from nominating, classifying, or designating any Federal land located within the United States for a special (including commercial) or restricted use under any international agreement for conserving, preserving, or protecting the terrestrial or marine environment, flora, or fauna (with specified exceptions) unless specifically authorized by law, but authorizes the Secretary to submit proposals for authorizing legislation. Provides that any such nomination, classification, or designation of private or State or local lands shall have no force or effect without the owner's consent or specific authorization by State or local law, respectively.
United States · United States Congress · 13 May 1998
Farm and Ranch Risk Management Act - Amends the Internal Revenue Code to allow individuals engaged in eligible farming businesses to deduct from gross income for any taxable year the amount (limited to 20 percent of the individual's taxable income for the year) paid into an interest-bearing Farm and Ranch Risk Management (FARRM) Account, created for the taxpayer's exclusive benefit. Requires withdrawal of contributions within five years, upon which they are taxable as ordinary income in the year of withdrawal. Deems a distribution, subject to income tax, of any deposits not actually distributed within five years, and prescribes an additional penalty tax of ten percent of any such deemed distribution.
United States · United States Congress · 30 April 1998
TABLE OF CONTENTS: Title I: Task Force on Regulatory Reform and Business Development Title II: Native American Business Development Native American Business Development, Trade Promotion, and Tourism Act of 1998 - Title I: Task Force on Regulatory Reform and Business Development - Directs the Secretary of Commerce to establish a task force on regulatory reform and business development in Indian country. (Sec. 102) Requires the task force to review laws relating to activities on Indian lands and report findings and proposed revisions to regulations and laws relating to such activities to specified congressional committees and the governing bodies of Indian tribes. Title II: Native American Business Development - Establishes the Office of Native American Business Development within the Department of Commerce, to be headed by a Director of Native American Business Development. Provides for: (1) financial and technical assistance and administrative services for business development and legal and regulatory compliance to Indian tribes, organizations, and businesses (eligible entities); and (2) other assistance to enhance the economies of Indian tribes. Bars assistance for activities related to gaming activities on Indian lands. (Sec. 202) Requires the Secretary, acting through the Director, to carry out a Native American export and trade promotion program. Provides for technical assistance and administrative services to eligible entities for: (1) identifying and entering appropriate markets for Indian goods and services; (2) complying with foreign or domestic laws and practices with respect to financial institutions with respect to exports and imports of such goods and services; and (3) entering into financial arrangements to provide for such exporting and importing. (Sec. 203) Requires the Secretary, acting through the Director, to conduct a Native American tourism program to facilitate tourism demonstration projects by Indian tribes on a tribal, intertribal, or regional basis. Authorizes grants to, or other arrangements with, Indian tribes and organizations to carry out such program. Requires a demonstration project to be conducted for: (1) Indians of the Four Corners area between Arizona, Utah, Colorado, and New Mexico; (2) Indians of the area known as the Great Northwest; (3) the Oklahoma Indians in Oklahoma; and (4) Indians of the Great Plains area. Provides for financial and technical assistance and administrative services for feasibility studies, market analyses, participation in tourism and trade missions, and related activities to participants selected to carry out tourism development projects. (Sec. 205) Provides for: (1) priority consideration and expediting of processing of applications involving the establishment of foreign-trade zones on Indian lands or the establishment of ports of entry necessary to permit the establishment of such zones; and (2) approval of such applications, to the maximum extent practicable.
United States · United States Congress · 29 April 1998
Recognizes the historic significance of the 50th anniversary of the reestablishment of the State of Israel. Commends the Israeli people for their achievements in building a new state and a pluralistic democratic society in the Middle East. Reaffirms the bonds of friendship and cooperation between the United States and Israel. Extends congratulations and best wishes to the State of Israel and her people for a peaceful, prosperous, and successful future.
United States · United States Congress · 28 April 1998
Medicare Home Health Equity Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Balanced Budget Act of 1997 (BBA), to: (1) restore the per visit cost limit to 112 percent of the mean (currently, 105 percent of the median) with regard to payments to home health agencies under Medicare; and (2) revise the interim payment system (IPS) for home health agency services. Directs the Director of the Congressional Budget Office to estimate annually the amount of savings to the Medicare program resulting from the IPS for home health agency services that was established by the BBA. Provides that, if the Director determines that the estimated amount exceeds the amount of savings to the Medicare program that the Director estimated immediately prior to enactment of the BBA by reason of such IPS, then the Director shall certify such excess to the Secretary of Health and Human Services. Requires the Secretary, in turn, when an excess is certified, to prescribe rules under which appropriate adjustments are made to the amount of payments to home health agencies in the case of outliers: (1) where events beyond the home health agency's control or extraordinary circumstances, including the agency's case mix, create reasonable costs for a payment year which exceed the applicable payment limits; or (2) in any other case where the Secretary deems such an adjustment appropriate.
United States · United States Congress · 23 April 1998
IMF Transparency and Efficiency Act of 1998 - Amends the International Financial Institutions Act to prohibit any U.S. officer, employee, or agent from providing, directly or indirectly, Federal funds to, or for the benefit of, the International Monetary Fund (IMF) unless: (1) the Secretary of the Treasury certifies to specified congressional committees that the IMF has met certain informational and loan rate requirements, and has established an independent advisory board to review its research, operations, and loan programs; and (2) the Congress has enacted a joint resolution approving the certification.
United States · United States Congress · 2 April 1998
Amends Federal law to authorize leases granted on lands held in trust for the Confederated Tribes of the Grand Ronde Community of Oregon and on the Cabazon Indian Reservation in California to be for terms of up to 99 years. Makes technical amendments to specified laws relating to Native Americans. Exempts from Federal and State taxation funds distributed pursuant to the judgment in Jesse Short et al. v. United States or any other judgment of the U.S. Court of Federal Claims in favor of individual Indians and provides that such funds shall not be considered as resources for purposes of reducing benefits under the Social Security Act or, except for per capita shares exceeding $2,000, any Federal program. Authorizes any funds provided to the Ponca Tribe of Nebraska for any of FY 1992 through 1998 pursuant to a self-determination contract to carry out Indian Health Service programs to be used by the Tribe to purchase or build health service facilities. Requires the Secretary of the Interior to extend the terms of specified Indian health care demonstration projects at the Oklahoma City and Tulsa clinics in Oklahoma through FY 2002. Amends the Indian Health Care Improvement Act to extend the authorization of appropriations for such projects through FY 2002. Amends the Coos, Lower Umpqua, and Siuslaw Restoration Act to direct the Secretary of the Interior to accept additional Oregon lands in trust for the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians for a reservation. Includes certain counties in Oregon in the service area of the Confederated Tribes of the Siletz Indians for purposes of determining eligibility for Federal assistance programs. Amends the Michigan Indian Land Claims Settlement Act to exempt all funds distributed under such Act from Federal or State income taxes. Amends the Jicarilla Apache Tribe Water Rights Settlement Act to approve a specified transfer of water rights between the Jicarilla Apache Tribe and other parties. Amends the Native Hawaiian Health Care Act of 1988 to revise conditions pertaining to Native Hawaiian health scholarships.
United States · United States Congress · 2 April 1998
Expresses the sense of the Congress that educators, civic and charitable organizations, radio and television broadcasters, and public officials at all levels of government should help the people of the United States celebrate Freedom and Democracy Day through appropriate celebrations and events which stress the importance of self-government. Amends Federal law concerning Government organization and employees to designate the first Tuesday after the first Monday in November in each even numbered year, Election day, as a legal public holiday, with such holiday to be known as Freedom and Democracy Day. States that Freedom and Democracy Day shall: (1) be a regular workday; (2) not be treated as a legal public holiday for purposes of statutes relating to pay and leave of Federal employees; and (3) not affect the regular operations of the Federal Government.
United States · United States Congress · 2 April 1998
Technical Workers Fairness Act of 1998 - Amends the Revenue Act of 1978, as amended by the Tax Reform Act of 1986, with respect to the standards that a taxpayer must apply to treat certain individuals as not being employees for employment tax purposes. Repeals the exception to such standards for an individual who, pursuant to an arrangement between the taxpayer and another person, provides services for such other person as an engineer, designer, drafter, computer programmer, systems analyst, or other similarly skilled worker (technical worker) engaged in a similar line of work. (Thus, restores the standards used for determining whether technical workers are not employees as in effect before the Tax Reform Act of 1986.)
United States · United States Congress · 2 April 1998
Commemorates steps taken to complete the Crazy Horse Memorial in South Dakota. Expresses the sense of the Senate that the Memorial will constitute a tribute to Tasunke Witko (Crazy Horse) and all Native Americans.
United States · United States Congress · 1 April 1998
Constitutional Amendment - Grants victims of crimes of violence the right to: (1) reasonable notice of, and to not be excluded from, all public proceedings relating to the crime; (2) be heard, if present, and to submit a statement at all public proceedings to determine a release from custody, an acceptance of a negotiated plea, or a sentence (grants such rights at a non-public parole proceeding to the extent they are afforded to the convicted offender); (3) reasonable notice of a release or escape from custody relating to the crime; (4) consideration for the interest of the victim in a trial free from unreasonable delay; (5) an order of restitution from the convicted offender; (6) consideration for the safety of the victim in determining any release from custody; and (7) reasonable notice of the rights established by this amendment. Grants the victim or the victim's representative standing to assert such rights. Provides that nothing in this amendment shall: (1) provide grounds for the victim to challenge a charging decision or a conviction, to overturn a sentence or negotiated plea, to obtain a stay of trial, or to compel a new trial; and (2) give rise to a claim for damages against the United States, a State, a political subdivision, or a public official. Empowers the Congress and the States to implement and enforce this amendment within their respective jurisdictions by appropriate legislation, including by enacting exceptions when necessary to achieve a compelling interest.
United States · United States Congress · 26 March 1998
Indian Gaming Regulatory Improvement Act of 1998 - Amends the Indian Gaming Regulatory Act. Revises definitions. Redesignates the National Indian Gaming Commission as the National Indian Gaming Regulatory Commission. Revises and expands Commission powers. Directs the Commission to advise the Secretary of the Interior with respect to the establishment of minimum Federal standards for background investigations, internal control systems, and licensing. Requires the Secretary, in accordance with specified negotiated rulemaking procedures, to promulgate such standards. Grants the Commission investigatory authority. Sets forth the regulatory framework for class II and III gaming. Sets forth requirements for: (1) conduct of class I, II, and III gaming on Indian lands; and (2) contract review. Authorizes class III gaming on Indian lands only in accordance with an approved compact between the State and Indian tribe concerned. Prohibits the Secretary from approving a compact if the compact requires State regulation of Indian gaming absent State or Indian tribe consent. Sets forth civil penalty and judicial review provisions. Revises the existing gaming fee structure and raises the ceiling on the maximum amount of fees that may be imposed per fiscal year. Establishes the Indian Gaming Trust Fund, to consist of fees collected from class II and III gaming activities and to be used to fund Commission activities. Changes, from after October 17, 1988, to after this Act's enactment date, the effective date of certain prohibitions on gaming on lands acquired by the Secretary in trust for an Indian tribe. Retains certain exceptions to such prohibitions for the St. Croix Chippewa Indians of Wisconsin and the Miccosukee Tribe of Florida. Authorizes an exception in cases where the use of such lands for gaming purposes is provided for in an approved tribal-State compact. Amends the Indian Self-Determination and Education Assistance Act to prohibit former Federal employees from acting as agents or attorneys for clients in connection with matters or decisions involving the Indian Gaming Regulatory Act in which they had personal and substantial involvement while Federal employees.
United States · United States Congress · 19 March 1998
Reduction in Tobacco Use and Regulation of Tobacco Products in Indian Country Act of 1998 - Makes the provisions of any Act enacted to effect the national tobacco settlement agreement of June 20, 1997, applicable to the manufacture, distribution, or sale of tobacco or tobacco products within the boundaries of Indian reservations or on lands within the jurisdiction of an Indian tribe or organization, with exceptions for religious or traditional uses. Makes Indian tribes or organizations that engage in the manufacture of tobacco products subject to liability for any fee payments levied on other manufacturers for purposes of any tobacco trust fund. Subjects tribes or organizations that do not pay to surcharges applicable to nonparticipating manufacturers under Acts effecting the settlement. Requires the Secretary of Health and Human Services to promulgate regulations to waive requirements of the Federal Food, Drug, and Cosmetic Act (FDCA) with respect to tobacco products manufactured, distributed, or sold on Indian reservations or lands, as appropriate to comply with this Act. Provides that responsibility for enforcing such regulations with respect to tobacco-related activities that take place on Indian reservations or lands shall vest in: (1) the Indian tribe or organization involved; (2) the State within which the lands of the tribe or organization are located pursuant to a voluntary cooperative agreement; or (3) the Secretary. Directs the Secretary to: (1) provide assistance to Indian tribes or organizations for meeting and enforcing requirements under such regulations, subject to eligibility requirements; and (2) implement and enforce such regulations on behalf of tribes or organizations that are unwilling or unqualified to do so. Applies requirements of the FDCA or any Act effecting the settlement with respect to licensing of tobacco retailers to retailers on Indian reservations or lands. Directs the Secretary to: (1) promulgate regulations to authorize Indian tribes or organizations to implement tobacco product licensing programs on Indian reservations or lands; and (2) implement such requirements on behalf of unqualified tribes or organizations. Requires the terms and standards contained in the model State law in any Act effecting the settlement to constitute the minimum Federal regulations that tribes or organizations must enact to assume responsibility for licensing and regulation or tobacco-related activities. Requires the Secretary to award grants to Indian tribes or organizations with approved anti-smoking plans. Reduces the public health payment otherwise payable to the State in which the service areas of such tribes or organizations are located by the amount of such grants. Requires grants to be used to reimburse tribes for smoking-related health expenditures. Makes amounts available from the tobacco trust fund for the Indian Health Service and Indian tribes and organizations for reducing tobacco consumption, promoting smoking cessation, and funding related activities.
United States · United States Congress · 17 March 1998
Reorganizes the Department of Health and Human Services (HHS) position of Director of the Indian Health Service as the Assistant Secretary for Indian Health. Amends the Indian Health Care Improvement Act to reorganize the Indian Health Service as an agency of HHS, moving it from the Public Health Service.
United States · United States Congress · 17 March 1998
Colorado Ute Settlement Act Amendments of 1998 - Amends the Colorado Ute Indian Water Rights Settlement Act of 1988 to require the Secretary of the Interior to provide: (1) for construction of a reservoir with a storage capacity of 260,000 acre-feet, a pumping plant, and a reservoir inlet conduit as components of the Animas-La Plata Project (Project), Colorado and New Mexico; and (2) through the use of such components, specified municipal and industrial water allocations to the San Juan Water Commission, Animas-La Plata Conservancy District (Conservancy District), Southern Ute and Ute Mountain Ute tribes, and Navajo Nation. Provides that construction costs allocable to the Navajo Nation and to each tribe's water allocation from the Project shall be nonreimbursable. Requires nontribal water capital repayment obligations for the Project to be satisfied upon the payment of specified amounts by the Commission, Conservancy District, and the State of Colorado. Provides that costs of Project components attributed to and required for recreation, environmental compliance, protection of cultural resources, or fish and wildlife mitigation and enhancement shall be nonreimbursable. Sets forth provisions regarding the repayment of Project costs. Requires the Secretary, at the request of the Conservancy District or the La Plata Conservancy District of New Mexico, to provide specified water allocations to such parties. Requires the Secretary, upon request of the State Engineer of New Mexico, to transfer to the New Mexico Project beneficiaries or the New Mexico Interstate Stream Commission all Department of the Interior interests in water rights under a specified permit in order to fulfill the New Mexico purposes of the Project. Considers a specified supplement to an environmental impact statement and a biological opinion for the Project to be adequate for purposes of requirements under the Endangered Species Act of 1973, the National Environmental Policy Act of 1969, or the Federal Water Pollution Control Act with respect to: (1) amendments made by this Act; (2) initiation and completion of construction of facilities; and (3) an aggregate depletion of 57,100 acre-feet of water as approved in the opinion. Requires the provision of water to the Ute tribes to constitute final settlement of the tribal claims to water rights on the Animas and La Plata Rivers.
United States · United States Congress · 17 March 1998
Declares that the Senate: (1) expresses gratitude to, and calls upon all Americans to show their gratitude to, John McCain and the men who were held as prisoners of war during the Vietnam conflict and for the return of Senator McCain to the United States; and (2) will not forget that more than 2,000 members of the armed forces remain unaccounted for from such conflict and will continue to press for the fullest accounting for such members.
United States · United States Congress · 3 March 1998
Recognizes and celebrates 1998 as the 150th anniversary of the Women's Rights Movement and March 1998 as National Women's History Month under the theme "Living the Legacy of Women's Rights."
United States · United States Congress · 2 March 1998
Sand Creek Massacre National Historic Site Preservation Act of 1998 - Establishes the Sand Creek Massacre National Historic Site in Colorado. Authorizes the Secretary of the Interior, acting through the Director of the National Park Service, to: (1) enter into cooperative agreements with the Cheyenne Tribe and Arapaho Tribe to carry out this Act; and (2) acquire lands within the boundaries of the site, except that: (1) no land may be acquired without the owner's consent; and (2) land owned by Colorado or any political subdivision thereof may be acquired only by donation. Requires the Secretary to: (1) manage the Site in accordance with this Act and laws generally applicable to units of the National Park System; (2) prepare a general management plan for the Site; and (3) encourage participation by the Tribes in the formulation of educational programs for the Site and by Colorado and other local and national entities willing to share in the responsibilities of developing and supporting the Site. Authorizes appropriations.
United States · United States Congress · 27 February 1998
TABLE OF CONTENTS: Title I: Management Reform Title II: Procedures for Establishment of New National Parks Title III: Recreational Fee Demonstration Program Title IV: Concession Reform Title V: National Park Passport Program Title VI: National Parks Resource Inventory and Management Title VII: Designation of Tax Refunds and Contributions for the Benefit of the National Parks Title VIII: National Park Foundation Title IX: Commercial Filming in National Parks Title X: Capital Improvement Project Bond Demonstration Program Title XI: Miscellaneous Vision 2020 National Parks Restoration Act - Title I: Management Reform - Directs the Secretary of the Interior, acting through the Director of the National Park Service, to continually improve the ability of the National Park System (NPS) to provide state-of-the-art protection and interpretation to NPS resources. (Sec. 103) Makes park rangers responsible for protecting, interpreting, managing, and educating the public about the natural and cultural resources contained within the national parks, as well as serving and protecting park visitors. Directs the Secretary to strengthen and enhance the park ranger occupation through the ranger careers program designed to enable rangers to meet the challenges confronting national parks in the future. Outlines provisions concerning program staffing, training, management and specialized positions, a design phase, educational requirements, the park ranger workforce, fitness standards, and a program operational phase. Requires regular reports from the Secretary to the Congress on the state of the program. (Sec. 104) Directs the Secretary, during 2000 and biennially thereafter, to implement a strategic management plan for the NPS, with a focus on functions performed at the national headquarters, regional offices, support offices, service centers, and national parks. Requires a report from the Secretary to specified congressional committees detailing actions implemented as a result of the plan. (Sec. 105) Requires the superintendent or manager of each NPS national park, central office, and support office to develop and make public a comprehensive annual budget for such park or office. Title II: Procedures for Establishment of New National Parks - Directs the Secretary to submit to specified congressional committees a list of areas recommended for study for potential inclusion as new NPS units. Requires specific authorization by an Act of Congress before initiation of any such study. Outlines factors to be included in such studies, including whether the area possesses nationally significant natural, historic, or cultural resources, or outstanding recreation opportunities. Requires any such study to be completed within three years of its authorization. Directs the Secretary to submit to the appropriate committees a list of areas previously studied that contain primarily historical or cultural resources, or that contain natural resources, but that have not been added to the NPS. Title III: Recreational Fee Demonstration Program - Extends through FY 2005 NPS authority under the recreational fee demonstration program. Makes such authority available for all NPS units, except that no recreational admission fee may be charged at Great Smoky Mountains National Park and Lincoln Home National Historic Site. Requires a report from the Secretary to specified congressional committees on the program's status. Title IV: Concession Reform - Calls upon the continued involvement of the private sector in the delivery of high-quality goods and services in the national parks. Establishes within NPS a Concession Board to: (1) assist the Secretary in the preparation and issuance of a solicitation for proposals for persons to serve as Concession Manager; (2) review and make recommendations on such Manager's decisions on the selection of concessionaires and other matters; (3) make recommendations regarding the allocation of collected concession fees; and (4) mediate disputes between concessionaires and the Manager or national park superintendents. Provides for Manager appointment and functions, including the negotiation of concession contracts. Outlines concession contract terms and conditions, including provisions concerning franchise fees, capital improvements, possessory interest payments, appraisals, leasehold surrender values, property rights as collateral, and prices for goods and services provided under such contracts. Allows concession contract transfer only with the Secretary's approval. Allows the Secretary to negotiate any individual concession contract with anticipated annual revenues of less than $2 million without the issuance of a prospectus or the solicitation of competitive bids. Sets forth provisions applicable to all other contracts, including provisions governing issuance of a prospectus for the solicitation of competitive bids, submission of a statement as to the concessionaire's financial capability and operational expertise, concessionaire selection, and contract termination. (Sec. 406) Requires all contract concession fees collected to be used first to pay consideration under the contract with the Manager for the fiscal year, with the remainder to be allocated to each national park, based on that park's relative share of fees collected, to fund high-priority resource management and visitor services programs and operations. (Sec. 407) Authorizes the Manager to suspend or terminate concession contracts. (Sec. 408) Outlines concessionaire recordkeeping and reporting requirements. Requires Comptroller General access to such information. (Sec. 409) Directs the Secretary to promote the sale of authentic Indian and Alaska Native handicrafts relating to the cultural, historical, and geographic characteristics of national park areas. Exempts revenue derived from such sales from any franchise fee payments. (Sec. 410) Makes a Federal provision which requires the lease of government property to be made for money consideration only inapplicable to leases, permits, and contracts granted by the Secretary for the use of NPS land and improvements to provide accommodations, facilities, and services for park visitors. (Sec. 411) Excludes a concession contract's award, extension, renewal, or amendment from provisions of the National Environmental Policy Act of 1969. Title V: National Park Passport Program - Directs the Secretary to establish a national park passport program which shall provide the passport holder with admission to all U.S. national parks. Includes under the program the issuance of collectible stamps. Makes such passports nontransferable. Outlines program administrative provisions and requirements, including provisions governing the sale of stamps and passports and the use of passport proceeds for NPS projects. (Sec. 505) Directs the Secretary to establish an international park passport program under which park passports and stamps are made available exclusively to foreign visitors to the United States. Terminates such program at the end of 2003 unless at least 200,000 permits are sold during that year. (Sec. 506) Authorizes appropriations for the park passport program. (Sec. 507) Sets at $50 the fee for a park passport and stamp. Title VI: National Parks Resource Inventory and Management - Directs the Secretary to undertake a program of scientific study by NPS employees and cooperators in each national park. Requires natural, cultural, and physical resources of each park, as well as contemporary park uses, to be studied under such program. Directs the Secretary to appoint a Chief Scientist within the NPS to: (1) coordinate all unit resource studies; and (2) exercise authority over all NPS persons conducting such studies. Requires a peer review process to ensure the validity and reliability of each study. (Sec. 604) Directs the Secretary to: (1) enter into long-term cooperative agreements with geographically dispersed colleges and universities to act as primary centers through which unit resource studies shall be conducted; and (2) undertake a program of inventory and monitoring of national park resources to establish baseline information and provide information on long-term trends in the conditions of national park resources. Requires appropriate workforce training to carry out NPS missions. (Sec. 606) Authorizes the Chief Scientist to solicit, receive, consider, and, when appropriate, approve requests for the use of any national park for purposes of scientific study. (Sec. 607) Requires, in each case in which a park resource may be adversely affected by an NPS action, the administrative record to reflect the manner in which unit resource studies and other studies have been considered. (Sec. 608) Provides for the confidentiality of information concerning the nature and location of a natural park resource that is endangered, threatened, rare, commercially valuable, or is an object of cultural patrimony within a national park. (Sec. 609) Authorizes appropriations. Title VII: Designation of Tax Refunds and Contributions for the Benefit of the National Parks - Amends the Internal Revenue Code to authorize an individual taxpayer to designate a specified portion (not less than $1) of any overpayment of tax and any cash contribution included with his or her tax return to be paid over to the National Parks Trust Fund to be established pursuant to this Act. Appropriates to the Fund amounts equivalent to those received under such designations. Directs the Secretary of the Treasury to submit to specified congressional committees a study of the effects of the Fund. (Sec. 703) Authorizes the Secretary to use Fund amounts for the design, construction, rehabilitation, and repair of high priority park facilities that directly enhance the experience of park visitors. Prohibits the use of Fund amounts for land acquisition. Title VIII: National Park Foundation - Directs the National Park Foundation to: (1) design and implement a comprehensive program to assist and promote philanthropic support programs at the individual national park level; and (2) include information on the program's progress in a required annual report. Title IX: Commercial Filming in National Parks - Directs the Secretary to establish or designate an NPS office to perform functions required under this title. Prohibits a person from producing any part of a commercial (for-profit) recorded image in a national park without first obtaining a permit from the Secretary and paying a permit fee. Sets such fee at one-half of one percent of the production budget for the vehicle in which the image is to be included. Requires permit proceeds to be used for the preservation, restoration, operation, maintenance, and improvement of high-priority projects and programs in the park in which the fee is collected that directly enhance the experience of park visitors. Requires a report from the Secretary to specified congressional committees on the collection of such fees. Title X: Capital Improvement Project Bond Demonstration Program - Directs the Secretary to identify not more than four NPS capital improvement projects, totaling not more than $40 million, which shall be financed through obligations issued to the Secretary of the Treasury as part of a bond demonstration program established under this title. Directs the Secretary of the Treasury to purchase obligations issued under the program if such Secretary finds that there is reasonable assurance of repayment of the obligations. (Sec. 1005) Directs the Secretary and the Secretary of the Treasury to report to the Congress on the program. Title XI: Miscellaneous - Directs the Secretary to appoint a multidisciplinary task force to fully evaluate the shortfalls, needs, and requirements of the U.S. Park Police, including facility repair, rehabilitation, and communications needs. Requires a report from the Secretary to specified congressional committees on findings and recommendations. (Sec. 1102) Authorizes the Secretary to enter into a lease with any person or governmental entity for the use of buildings and associated property administered by the Secretary as part of the NPS. Outlines lease requirements. Authorizes the Secretary to enter into an agreement with a State or local government agency for the cooperative management of national park land and nearby State or local park land.
United States · United States Congress · 25 February 1998
Tax Code Termination Act - Prohibits the imposition of any tax by the Internal Revenue Code: (1) for any taxable year beginning after December 31, 2001; and (2) in the case of any tax not imposed on the basis of a taxable year, on any taxable event or for any period after December 31, 2001. Excepts the: (1) tax on self-employment income (chapter 2 of the Code); (2) Federal Insurance Contributions Act (chapter 21 of the Code); and (3) Railroad Retirement Tax Act (chapter 22 of the Code). Declares that any new Federal tax system should be a simple and fair system.
United States · United States Congress · 25 February 1998
Expresses the sense of the Senate that March 2, 1998, shall be known as Read Across America Day, in honor of Dr. Seuss's birthday. Encourages reading with children on that day.
United States · United States Congress · 12 February 1998
Economic Development Partnership Act of 1998 - Amends the Public Works and Economic Development Act of 1965 (the Act) to direct the Secretary of Commerce to cooperate with States and other entities to assure that Federal economic development programs are compatible with and further the objectives of State, regional, and local economic development plans and comprehensive economic development strategies. Directs the Secretary to: (1) provide appropriate technical assistance to such entities in order to alleviate economic distress, encourage partnerships for economic development strategies, and stimulate modernization and technological advances in the generation and commercialization of goods and services; and (2) prescribe regulations for intergovernmental review of proposed economic development projects. Authorizes the Secretary to enter into appropriate economic development agreements with two or more adjoining States. Authorizes the Secretary to appoint a National Public Advisory Committee on Regional Economic Development to make recommendations to the Secretary, including regarding the coordination of activities. Authorizes the Secretary to make grants to eligible recipients (defined later under this Act) for acquisition or development of land improvements for public works, public service, or development facility usage, as well as the acquisition, design and engineering, construction, rehabilitation, alteration, expansion, or improvement of such facilities. Provides assistance conditions relating to the establishment of industrial or commercial plants and the increase of employment in the area. Prohibits more than 15 percent of the appropriations made for such assistance from being expended in any one State. Allows grants to be increased due to construction cost increases. Authorizes the Secretary to make direct grants for economic development planning and related administrative expenses. Requires such planning to be a continuous process and to be prepared as part of a comprehensive economic development strategy for the area involved. Requires State certification of an economic development plan's consistency with local and economic development district plans. Provides a Federal cost-share limit of 50 percent of project costs. Authorizes the Secretary to make supplementary grants for a project for which the applicant is eligible but for which the applicant cannot supply the required matching share. Provides supplementary grant conditions and requirements, authorizing the Secretary to reduce or waive the required non-Federal share in such cases. Authorizes the Secretary to make direct grants for training, research, and technical assistance for alleviating or preventing conditions of excessive unemployment or underemployment. Allows such grants to include amounts for relocation assistance. Authorizes the Secretary to make direct grants for public facilities, public services, business development, planning, technical assistance, training and other assistance which demonstrably furthers the economic adjustment objectives of the Act. Allows such grant to be used in either direct expenditures by the recipient or through redistribution to other public and private entities, but prohibits any such redistribution to a private profit-making entity. Authorizes the Secretary to: (1) approve the use of grant funds for projects the scope or purpose for which changes after the grant has been made; (2) use funds for projects constructed for less than the projected costs to improve such projects; and (3) make assistance available for projects to be carried out at a military or Department of Energy installation. Prohibits any assistance under the Act which would produce unfair commercial competition. Requires reports from grant and assistance recipients. Defines as an eligible recipient for purposes of this Act an area that: (1) has a per capita income of 80 percent or less of the national average or an unemployment rate one percent above such average; (2) has experienced or is about to experience a sudden economic dislocation resulting in significant job losses; (3) is a community or neighborhood which has a large concentration of low-income individuals, substantial out-migration, or substantial unemployment; (4) has long-term economic deterioration; (5) has a special need to meet an expected rise in unemployment; (6) contains a population of 250,000 or less with growth potential; or (7) is experiencing severe out-migration. Requires from recipients: (1) documentation of meeting such criteria; and (2) evidence of a comprehensive economic development strategy which identifies the economic problems to be addressed through such assistance, as well as related information. Authorizes the Secretary, in order to plan and carry out economic development projects of broader geographic significance, to designate appropriate economic development districts and economic development centers within such districts. Provides geographic, population, and other requirements with respect to each such designation. Directs the Secretary to prescribe standards for the termination of such districts and centers. Authorizes the Secretary to increase by up to ten percent of project costs the amount of grant assistance otherwise provided in the Act for projects within designated districts. Requires each designated district to provide to the Appalachian Regional Commission a copy of such district's comprehensive economic development strategy. Authorizes the Secretary to provide assistance to a district area which does not meet the requirements of an eligible recipient under the Act when such assistance will be of substantial direct benefit to a qualifying area in such district. Directs the Secretary to administer this Act with the assistance of an Assistant Secretary of Commerce for Economic Development. Directs the Secretary to serve as a central information clearinghouse on all matters relating to economic development and adjustment, disaster recovery, and defense conversion programs and activities of Federal and State governments and to help applicants for such assistance. Requires appropriate consultation with other persons and agencies. Authorizes the Secretary to furnish procurement divisions of the Federal Government with a list of business firms located in distressed areas which desire Government supplies and services contracts. Imposes penalties upon persons who: (1) make false statements in order to obtain assistance under the Act; and (2) embezzle or commit other fraud-related crimes while connected in any capacity with the Secretary in the administration of the Act. Sets forth: (1) conflict-of-interest provisions; and (2) recordkeeping requirements for the Secretary and recipients regarding assistance under this Act. Provides that assistance under the Act shall supplement and not supplant other Federal assistance. Authorizes appropriations for FY 1999 through 2002. Authorizes additional appropriations for defense conversion activities and disaster economic recovery activities.
United States · United States Congress · 5 February 1998
Prohibits a person from producing a commercial visual depiction in a unit of the National Park System or National Wildlife Refuge System without obtaining a permit from the Secretary of the Interior and paying a permit fee. Specifies fee guidelines. Subjects a person who violates this Act or fails to comply with any condition stated in a permit to a civil penalty of up to 200 percent of the permit fee. Requires amounts collected as fees or penalties to be retained by the Secretary and made available for capital improvement and restoration activities in the unit in which the commercial visual depiction was produced.
United States · United States Congress · 4 February 1998
Bulletproof Vest Partnership Act of 1998 - Authorizes the Director of the Bureau of Justice Assistance to: (1) make grants to States, local governments, and Indian tribes to purchase armor vests for use by State, local, and tribal law enforcement officers; and (2) give preferential consideration to applications from jurisdictions that have a violent crime rate at or above the national average and that have not been providing each law enforcement officer assigned to patrol or other hazardous duties with body armor. Sets forth provisions regarding matching funds and allocation of funds, applications, and reimbursement of funds. Prohibits any State, local government, or Indian tribe that receives financial assistance made available by this Act from purchasing equipment or products manufactured using prison inmate labor. Expresses the sense of the Congress that entities receiving assistance under this Act should, in expending such assistance, purchase only American-made equipment and products. Authorizes appropriations.
United States · United States Congress · 29 January 1998
Bulletproof Vest Partnership Grant Act of 1998 - Authorizes the Director of the Bureau of Justice Assistance to: (1) make grants to States, units of local government, and Indian tribes to purchase armor vests for use by law enforcement officers; and (2) give preferential consideration to applications from jurisdictions that have the greatest need, have a mandatory wear policy, and have a violent crime rate at or above the national average. Sets forth provisions regarding matching funds and allocation of funds, State, tribal, and local applications, and grant application renewal. Prohibits any State, unit of local government, or Indian tribe that receives financial assistance provided using funds appropriated or otherwise made available by this Act from purchasing equipment or products manufactured using prison inmate labor. Authorizes appropriations. Expresses the sense of the Congress that entities receiving assistance under this Act should, in expending such assistance, purchase only American-made equipment and products.
United States · United States Congress · 28 January 1998
Condemns the continued threat to international peace and security posed by Iraq's refusal to meet its international obligations and end its weapons of mass destruction programs. Urges the President to: (1) take all necessary and appropriate actions to respond to such threat; and (2) work with the Congress in furthering a long-term policy aimed at definitively ending such threat.
United States · United States Congress · 27 January 1998
Human Cloning Prohibition Act - Makes it unlawful for any person to: (1) clone a human being; or (2) conduct research for the purpose of cloning a human being or otherwise creating a human embryo. Prohibits Federal funds from being obligated or expended to knowingly conduct any research project to clone a human being or otherwise create a human embryo. Sets forth a civil money penalty. Prohibits an individual found to be in violation of the prohibition from receiving any Federal funding for research for a period of five years after such violation.
United States · United States Congress · 27 January 1998
Recognizes the outstanding achievement of the Denver Broncos' quarterback, John Elway. Congratulates the winning quarterback of Super Bowl XXXII, John Elway.
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