United States · United States Congress · 19 January 1999
TABLE OF CONTENTS: Title I: Challenging States to Ensure that Every Child Is Taught By a Qualified Teacher Title II: Improving Teacher Preparation Title III: Improving Teacher Technology Training Teacher Excellence and Classroom Help Act - Title I: Challenging States to Ensure that Every Child Is Taught by a Qualified Teacher - Establishes challenge grant programs to ensure that every elementary and secondary school student is taught by a qualified teacher. (Sec. 102) Authorizes appropriations. Reserves a specified portion for grants to BIA schools. (Sec. 103) Directs the Secretary of Education to award grants to State educational agencies (SEAs) in each State, from specified allotments, to implement statewide initiatives and programs to: (1) recruit, train, and retain beginning teachers; and (2) provide ongoing professional development to veteran teachers and principals. Allows each SEA to reserve up to ten percent of such grant funds for statewide activities to improve the quality of the teaching force, including: (1) assisting local educational agencies (LEAs) to reduce out-of-field placements; (2) reducing the use of emergency credentials; (3) improving alternative certification programs; (4) administrative costs and evaluation of assisted activities; (5) linking assisted programs with State standards; (6) supporting National Board for Professional Teaching Standards certification of teachers who are or will teach in high-need schools; and (7) assisting LEA teacher recruitment, induction, and professional development programs. Sets forth State allotment formula and State application requirements. (Sec. 104) Requires each SEA to use 20 percent of such grant funds to: (1) award scholarships to qualified individuals who enter the elementary or secondary school teaching field; and (2) establish partnerships with LEAs that serve school districts with the greatest teacher shortages and colleges of education to assist in carrying out such scholarship program, including recruitment of prospective teachers and support services for the teachers. Allows SEAs to also include community-based and other organizations in such partnerships. Sets forth individual eligibility requirements for such scholarships. Allows SEAs to determine the amount of the scholarship, but requires that individual need be considered in determining such amount. Requires scholarship recipients to agree to teach for at least three years, after degree completion, in high-need school districts or high-need content areas. Requires that incentives under such scholarship program be coordinated with those under the Federal student loan forgiveness program under the Higher Education Act of 1965 (HEA). (Sec. 105) Requires each SEA to use at least 70 percent of such grant funds to award competitive grants to eligible LEAs for specified authorized activities. Sets forth requirements for LEA eligibility, applications, and evaluations of assisted programs. Title II: Improving Teacher Preparation - Expresses the sense of the Senate that: (1) the Congress should fully fund Teacher Quality Enhancement Grants for States and Partnerships, under HEA title II, at $300 million; and (2) the 106th Congress should make a strong investment in accomplishing the goal of holding institutions of higher education accountable for improving the initial preparation of teachers, a goal to which the 105th Congress made a strong commitment. Title III: Improving Teacher Technology Training - Amends the Elementary and Secondary Education Act of 1965 to provide for teacher technology training. Requires schools to give attention to professional development that incorporates technology used to improve teaching and learning. Requires professional development activities to include instruction in the use of technology. Adds technology to the list of core subject areas for the National Teacher Training Project grants program (Dwight D. Eisenhower Professional Development Program). Requires local plans for improving teaching and learning to include descriptions of how their core subject area programs will incorporate technologies which meet the educational needs of individuals who are from historically underrepresented groups, or are economically disadvantaged, or have limited English language abilities, or have disabilities. Requires authorized professional development activities to incorporate effective technology for meeting the educational needs of diverse groups of students. Includes technological innovation as a higher education activity to improve teacher education programs.
United States · United States Congress · 19 January 1999
TABLE OF CONTENTS: Title I: Strengthening Law Enforcement to Reduce Violence Against Women Title II: Strengthening Services to Victims of Violence Title III: Limiting the Effects of Violence on Children Title IV : Strengthening Education and Training to Combat Violence Against Women Title V: Extension of Violent Crime Reduction Trust Fund Violence Against Women Act II - Title I: Strengthening Law Enforcement to Reduce Violence Against Women - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Attorney General to make grants to eligible States, Indian tribal governments, or local governmental units to provide technical assistance and computer and other equipment to police departments, prosecutors, courts, and tribal jurisdictions to facilitate the widespread, including interstate, enforcement of protection orders. Instructs the Attorney General to give priority to grant applicants that: (1) have established cooperative agreements with neighboring jurisdictions to facilitate the enforcement of protection orders from other jurisdictions; and (2) will give priority to using the grant to develop and install data collection and communication systems linking police, prosecutors, courts, and tribal jurisdictions in order to identify and track protection orders and violations of such orders. Directs the Attorney General to compile and disseminate information about successful data collection and communication systems. Amends Federal criminal code provisions governing full faith and credit given to protection orders to provide that: (1) a State or Indian tribe shall not notify the party against whom a protection order has been made that the protection order has been registered or filed in the State or tribal jurisdiction unless requested to do so by the party protected under that order; and (2) nothing in this title may be construed to require prior filing or registration of such orders in the enforcing State as a prerequisite to enforcement by such State. Directs that a protection order that is otherwise consistent with this title shall be accorded full faith and credit and enforced notwithstanding the failure to provide notice to the party against whom the order is made of its registration or filing in the enforcing State or Indian tribe. (Sec. 102) Amends such Act to designate State, local, and Indian tribal courts as eligible grantees in the program to combat violent crimes against women. Revises allocation percentages for police and prosecutors, victim services, and State and local courts (not less than 25 percent, 30 percent, and ten percent, respectively). Amends the Equal Justice for Women in the Courts Act to expand training that may be provided under domestic violence training grants to include training with respect to issues concerning individuals with disabilities. Authorizes appropriations from the Violent Crime Reduction Trust Fund through FY 2002. Includes State, local, and tribal courts among the grantees eligible for Federal grants to encourage arrest policies. Earmarks a minimum of five percent of the total amount available for grants each fiscal year for grants to Indian tribal governments. (Sec. 103) Reauthorizes appropriations through FY 2002 for grants to combat violent crimes against women. Directs the Attorney General to make grants to State domestic violence and sexual assault coalitions for coordinating State victim services activities and for coordinating with Federal, State, and local entities engaged in violence against women activities. (Sec. 104) Instructs the Attorney General to transfer flunitrazepam (the "date-rape" drug) from schedule IV of the Controlled Substances Act to schedule I (the strictest level of Federal drug penalty and control). (Sec. 105) Reauthorizes appropriations through FY 2002 for grants to encourage arrest policies. (Sec. 106) Amends the Federal criminal code to provide that any person who, while employed by or accompanying the armed forces outside of the United States, engages in conduct that would constitute a domestic violence or sexual assault offense if the conduct had been engaged in within the special maritime and territorial jurisdiction of the United States, shall be subject to prosecution in a U.S. district court. Sets forth provisions regarding concurrent jurisdiction and priority of exercise of jurisdiction. Authorizes the Secretary of Defense to designate and authorize any individual serving in a law enforcement position in the Department of Defense to arrest such a person outside of the United States if there is probable cause to believe that such person committed such an offense. Provides for the release of such arrested persons to civilian law enforcement authorities in specified circumstances. Provides for delivery of such persons to the appropriate authorities of a foreign country if: (1) delivery is requested for trial for such conduct as an offense under the laws of that country; and (2) delivery is authorized by a treaty or other international agreement to which the United States is a party. Requires the Secretary of the military department concerned to transmit to the Director of the Federal Bureau of Investigation a copy of records of any penal actions taken, including certain nonjudicial punishments imposed, against a member of the armed forces who is discharged, dismissed, or released from active duty. (Sec. 107) Prohibits and sets penalties for willfully causing bodily injury to any person or attempting, through the use of fire, a firearm, or an explosive device, to cause bodily injury to any person, whether or not acting under color of law, because of: (1) the actual or perceived race, color, religion, or national origin of any person; or (2) the actual or perceived religion, gender, sexual orientation, or disability of any person if, in connection with the offense, the defendant or the victim travels in interstate or foreign commerce, uses a facility or instrumentality of interstate or foreign commerce, or engages in any activity affecting interstate or foreign commerce, or the offense is in or affects such commerce. Authorizes appropriations to the Departments of the Treasury and of Justice through FY 2002 to increase the number of personnel to prevent and respond to such alleged violations. Directs the United States Sentencing Commission to study and, if appropriate, amend the Federal sentencing guidelines to provide sentencing enhancements for adult defendants who recruit juveniles to assist in the commission of hate crimes. Directs the Administrator of the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice to make grants to State and local programs designed to combat hate crimes committed by juveniles. Authorizes appropriations. (Sec. 108) Amends the Violence Against Women Act of 1994 to reauthorize through FY 2002: (1) rural domestic violence and child abuse enforcement grants (and allots not less than five percent of the total made available for each fiscal year for grants to Indian tribal governments); and (2) national stalker and domestic violence reduction grants. (Sec. 110) Modifies Federal criminal code provisions regarding interstate domestic violence, interstate stalking, and interstate violation of a protective order to cover situations where persons travel in interstate or foreign commerce or to or from Indian country. Deems a tribal court, for purposes of full faith and credit provisions, to have jurisdiction over any activity occurring in Indian country. Title II: Strengthening Services to Victims of Violence - Authorizes the Attorney General to make grants to private and nonprofit entities, publicly funded organizations not acting in a governmental capacity, and Indian tribal governments and affiliated organizations, to: (1) implement, expand, and establish cooperative efforts and projects between domestic violence and sexual assault victim advocacy organizations and civil legal assistance providers to strengthen a broad range of civil legal assistance for victims of domestic violence, stalking, and sexual assault; (2) implement, expand, and establish efforts and projects to strengthen a broad range of civil legal assistance for victims of domestic violence, stalking, and sexual assault by organizations with a demonstrated history of providing direct legal or advocacy services on behalf of these victims; and (3) provide training, technical assistance, and data collection to improve the capacity of grantees and other entities to offer civil legal assistance to victims of domestic violence, stalking, and sexual assault. Authorizes the Attorney General to: (1) make a grant to establish, operate, and maintain a national computer database of programs that provide civil legal assistance to victims of domestic violence, stalking, and sexual assault; and (2) evaluate the grants funded under this title through contracts or other arrangements with entities expert on domestic violence, stalking, and sexual assault and on evaluation research. Authorizes appropriations from the Violent Crime Reduction Trust Fund to carry out this title through FY 2002, with at least five percent of available amounts in each fiscal year used for grants for programs that assist victims of domestic violence, stalking, and sexual assault on lands within the jurisdiction of an Indian tribe. (Sec. 202) Amends the Family Violence Prevention and Services Act with respect to State demonstration grants for programs and projects to prevent family violence and provide immediate shelter and related assistance to victims. Requires grant applicants to provide documentation, including memoranda of understanding, of the specific involvement of the State domestic violence coalition and other knowledgeable individuals and interested organizations, in the development of the application. Earmarks funds to provide emergency assistance directly to victims of family violence, or their dependents, who are in the process of fleeing an abusive situation. Changes from a formula amount to $500,000 the minimum allotment to each State for such grants. Requires the Secretary of Health and Human Services to make grants to Indian tribes and organizations from any sums not distributed to them. Authorizes the Secretary to award grants to private nonprofit organizations for information, training, and technical assistance initiatives in specified subject areas. Authorizes appropriations under such Act through FY 2002. Revises the formula for the allocation of appropriations for grants for State coalitions. Directs the Secretary to conduct a nationwide needs assessment relating to family violence prevention and services programs. Authorizes the Secretary to award grants to up to ten State domestic violence coalitions, and up to ten local entities that carry out domestic violence programs providing shelter or related assistance, to develop and implement model community intervention strategies to address family violence in underserved populations. Prescribes formulae for the redistribution of funds available due to certain limitations. (Sec. 203) Prohibits any insurer from, directly or indirectly, taking any adverse action against: (1) an innocent insured; or (2) an applicant or insured on the basis that the applicant or insured, or any person employed by the applicant or insured or with whom the applicant or insured is known to have a relationship or association is, has been, or may be the subject of abuse. Defines an innocent insured as a subject of abuse insured under the same policy as the abuser, but who is not (in light of all the facts and circumstances) the cause of any claim incurred or that may incur. Requires any insurer taking an adverse action against a known subject of abuse to advise the applicant or insured in writing of the specific reasons for the action. Empowers the Federal Trade Commission (FTC) to enforce such prohibitions and policy. Provides for a private action against an insurer by an applicant or insured affected by a violation of this Act. (Sec. 204) Amends the Family Violence Prevention and Services Act to extend through FY 2002 the authorization of appropriations for the national domestic violence hotline. (Sec. 205) Amends the Violent Crime Control and Law Enforcement Act of 1994 to extend through FY 2002 and increase the authorization of appropriations for Federal victims' counselors. (Sec. 206) Amends the Family and Medical Leave Act of 1993 to entitle employees to leave to: (1) address domestic violence and its effects; or (2) care for a child or parent of the employee who is addressing domestic violence and its effects. Authorizes an employer to require an employee to provide documentation or other corroborating evidence. Amends Federal civil service law to entitle Federal employees to take such leave, subject to the same requirements. (Sec. 207) Amends the Internal Revenue Code to authorize unemployment compensation where an individual is separated from employment due to circumstances directly resulting from the individual's experience of domestic violence. Amends the Social Security Act to require State laws to provide for methods of administration that will ensure that claims reviewers and hearing personnel are adequately trained in the nature and dynamics of claims for unemployment compensation based on domestic violence, including methods of ascertaining and keeping information confidential. (Sec. 208) Amends the Immigration and Nationality Act, the Omnibus Crime Control and Safe Streets Act of 1968, and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 with respect to aliens who have been battered or subjected to extreme cruelty to provide for waiver of certain immigration requirements. (Sec. 209) Amends the Violence Against Women Act of 1994 to add a new Subtitle H (Elder Abuse, Neglect, and Exploitation, Including Domestic Violence and Sexual Assault Against Older Individuals). Directs the Attorney General to: (1) make grants to law school clinical programs for the purposes of funding the inclusion of cases addressing issues of elder abuse, neglect, and exploitation, including domestic violence, and sexual assault, against older individuals; and (2) develop curricula and offer, or provide for the offering of, training programs to assist law enforcement officers and prosecutors in recognizing, addressing, investigating, and prosecuting instances of such abuse, neglect, and exploitation. Authorizes appropriations. Amends the Family Violence Prevention and Services Act and the Older Americans Act of 1965 with respect to programs addressing such issues, including related training for health professionals. Amends the Older Americans Act of 1965 to authorize appropriations for programs and activities for the prevention of elder abuse, neglect, and exploitation. Requires the Secretary to make grants to: (1) support projects in local communities to coordinate activities concerning intervention in and prevention of elder abuse, neglect, and exploitation, including domestic violence, and sexual assault, against older individuals; and (2) develop and implement outreach programs directed toward assisting older individuals who are victims of elder abuse, neglect, and exploitation, including those in senior housing complexes and senior centers. Authorizes appropriations. Amends the Public Health Service Act (as amended by the Health Professions Education Partnerships Act of 1998) to require the Secretary to give preference in the award of certain grants and contracts to any health professions educational entity that requires, as a condition of receiving a degree or certificate, that each student have had significant training in the identification and referral of victims of elder abuse and neglect. Title III: Limiting the Effects of Violence on Children - Authorizes the Attorney General to make grants to States and Indian tribal governments to enable them to enter into contracts and cooperative agreements to assist public or private nonprofit entities in establishing and operating supervised visitation centers for purposes of facilitating supervised visitation and visitation exchange of children by and between parents. Requires that priority be given to States that consider domestic violence in making a custody decision and require findings on the record. (Sec. 302) Directs the Attorney General to study and report to Congress on Federal and State laws relating to child custody, including the Parental Kidnaping Prevention Act of 1980, and their effect on child custody cases in which domestic violence is a factor. Requires such study to examine the sufficiency of defenses to parental abduction charges available in cases involving domestic violence, and the burdens and risks encountered by victims of domestic violence arising from compliance with the full faith and credit (and judicial jurisdiction) requirements of that Act. Authorizes appropriations. (Sec. 303) Amends the Runaway and Homeless Youth Act to authorize appropriations for grants through FY 2002. Directs the Secretary to compile annually and disseminate, especially to community-based programs (including domestic violence and sexual assault programs), specified information about the use of amounts expended and the projects funded under such Act. (Sec. 304) Amends the Victims of Child Abuse Act of 1990 to authorize appropriations through FY 2002 for: (1) the court-appointed special advocate program; (2) child abuse training programs for judicial personnel and practitioners; and (3) grants for televised testimony. Directs the Attorney General to compile annually and disseminate, especially to community-based programs (including domestic violence and sexual assault programs), specified information about the use of amounts expended and the projects funded under such Act. Title IV: Strengthening Education and Training to Combat Violence Against Women - Amends the Public Health Service Act to direct the Secretary of Health and Human Services, in awarding grants or contracts for health professions and nurse education, to give preference to a relevant health professions entity that requires, as a condition of receiving a degree or certificate, that a student has had significant training in the identification, examination, treatment, and referral of victims of domestic violence. (Sec. 401) Defines relevant health professions entity as a school of medicine, a school of osteopathic medicine, a graduate program in mental health practice, a school of nursing, a program for the training of physician assistants, or a program for the training of allied health professionals. (Sec. 402) Authorizes the Attorney General to make grants for the development and dissemination of model programs to provide education and training in appropriate and effective responses to victims of domestic violence and victims of sexual assault (including, as appropriate, the effects of domestic violence on children) to individuals (other than law enforcement officers and prosecutors) who are likely to come into contact with such victims during the course of their employment. Limits such grants to public and private nonprofit entities that have: (1) nationally recognized expertise in the areas of domestic violence and sexual assault; and (2) a record of commitment and quality responses to reduce domestic violence and sexual assault. Authorizes appropriations. (Sec. 403) Requires States to use certain transferred funds for rape prevention and education programs conducted by rape crisis centers, State sexual assault coalitions, and other public and private nonprofit entities for: (1) educational seminars; (2) hotlines; (3) training programs for professionals; (4) the preparation of informational material; (5) education and training programs for students and campus personnel designed to reduce the incidence of sexual assault at colleges and universities; and (6) other efforts to increase awareness of, or to help prevent, sexual assault, including efforts to increase awareness in underserved communities and awareness among individuals with disabilities. Requires at least 25 percent of grant funds are used for educational programs targeted for middle school, junior high, and high school students. Directs the Secretary, through the National Center for Injury Prevention and Control at the Centers for Disease Control and Prevention, to establish a National Resource Center on Sexual Assault (with a central resource library) to provide resource information, policy, training, and technical assistance to Federal, State, and Indian tribal agencies, as well as to State sexual assault coalitions and local sexual assault programs and to other professionals and interested parties on issues relating to sexual assault. Authorizes appropriations. (Sec. 404) Directs the Secretary to provide grants to individuals or organizations to carry out educational programs for elementary schools, middle schools, secondary schools, or institutions of higher education with respect to information regarding, and prevention of, domestic violence and violence among intimate partners. Authorizes appropriations. (Sec. 405) Directs the Attorney General to make grants to States and nongovernmental private entities to provide education and technical assistance for the purpose of providing training, consultation, and information on violence, abuse, and sexual assault against women who are individuals with disabilities. Authorizes appropriations for such grants through FY 2002. (Sec. 406) Amends the Family Violence Prevention and Services Act to make grants to groups that provide services to or advocate on behalf of individuals with disabilities eligible for demonstration grants for community initiatives. Authorizes appropriations for such grants through FY 2002. (Sec. 407) Directs the Attorney General to establish a multidisciplinary, multiagency national commission to: (1) evaluate standards of training and practice for licensed health care professionals performing sexual assault forensic examinations, and develop a national recommended training standard; (2) recommend minimum sexual assault forensic examination training for all health care students; (3) review national, State, and local protocols on sexual assault for forensic examinations, and develop a recommended national protocol and a mechanism for nationwide dissemination; and (4) study and evaluate State procedures for payment of forensic examinations for victims of sexual assault, and establish a recommended Federal protocol for such payment. Authorizes appropriations. (Sec. 408) Authorizes the Attorney General to make a grant to a private, nonprofit entity meeting certain requirements to establish a national clearinghouse and resource center to provide information and assistance to employers and labor organizations on appropriate workplace responses to domestic violence and sexual assault. Authorizes appropriations. (Sec. 409) Amends the Violence Against Women Act of 1994 to direct the Secretary to make grants to entities, including domestic violence and sexual assault organizations, research organizations, and academic institutions, to: (1) support specified research and evaluation of education, prevention, and intervention programs on violent behavior against women; and (2) address gaps in research and knowledge about violence against women, including violence against women in underserved communities. Directs the U.S. Sentencing Commission to report to Congress on: (1) Federal and State sentences for homicides or assaults in which the victim was a spouse, former spouse, or intimate partner of the offender; (2) the effect of illicit drugs and alcohol on domestic violence and the sentences imposed for offenses involving them in which domestic violence occurred; (3) the extent to which acts of domestic violence committed against the offender, including coercion, may have contributed to the commission of an offense; (4) an analysis delineated by race, gender, type of offense, and any other categories that would be useful for understanding the problem of domestic violence; and (5) recommendations with respect to all such offenses, including any basis for a downward adjustment in any applicable Federal sentencing guidelines determination. Directs the Secretary to make grants to nonprofit entities, including sexual assault organizations, research organizations, and academic institutions, in order to gather qualitative and quantitative data on the experiences of minors and adults who become pregnant as a result of sexual assault within State health care, judicial, and social services systems. Requires the Attorney General to study and report to Congress on the status of the law with respect to rape and sexual assault offenses and the effectiveness of the implementation of laws in addressing such crimes and protecting their victims. Authorizes appropriations. Title V: Extension of Violent Crime Reduction Trust Fund - Amends the Violent Crime Control and Law Enforcement Act of 1994 to authorize appropriations to the Violent Crime Reduction Trust Fund through FY 2002. Reduces discretionary spending limits for FY 2001 and 2002 in the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) by specified offsetting amounts.
United States · United States Congress · 19 January 1999
TABLE OF CONTENTS: Title I: Improving the Affordability of Child Care Title II: Enhancing the Quality of Child Care and Early Childhood Development Subtitle A: Child Care Subtitle B: Young Child Assistance Activities Subtitle C: Loan Cancellation for Child Care Providers Title III: Expanding the Availability and Quality of School- Age Child Care Title IV: Supporting Family choices in Child Care Title V: Encouraging Private Sector Involvement Title VI: Ensuring the Quality of Federal Child Care Centers Title VI(sic): Child Care in Federal Facilities Child Care ACCESS (Affordable Child Care for Early Success and Security) Act - Title I: Improving the Affordability of Child Care - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to make increased appropriations for State child care assistance grants for FY 1999 through 2003. Title II: Enhancing the Quality of Child Care and Early Childhood Development - Subtitle A: Child Care - Creates under TANF a State grant program for improving the quality of child care and early childhood development. Makes appropriations for FY 2000 through 2004. Subtitle B: Young Child Assistance Activities - Directs the Secretary of Health and Human Services (HHS) to make allotments to eligible States to pay for the Federal share of the cost of State grants to local collaboratives for young child assistance activities. (Sec. 212) Requires a State to establish a State Early Learning Coordinating Board to receive the Federal allotment and make the grants. (Sec. 215) Authorizes appropriations. Subtitle C: Loan Cancellation for Child Care Providers - Amends the Higher Education Act of 1965 to require cancellation of a portion of a student loan for each complete year of full-time employment in a child care facility, for child care providers or educators who earn degrees in early childhood education and obtain such employment. Title III: Expanding the Availability and Quality of School-Age Child Care - Establishes under TANF a State grant program for increasing the availability and quality of school-age child care. Makes appropriations for FY 2000 through 2004. (Sec. 301) Amends the Child Care and Development Block Grant Act of 1990 to increase from 13 to 16 the maximum age of an eligible child under the child care and development block grant program. (Sec. 302) Amends the 21st Century Community Learning Centers Act to: (1) direct the Secretary of Education to give priority to rural, urban, and low-income communities in awarding grants to public elementary and secondary schools for projects that benefit the educational, health, social services, cultural, and recreational needs of the community; (2) revise grant application requirements; (3) change from four to one the minimum number of specified activities for which community learning center grant funds may be used; (4) change children's day care services to child care services; and (5) authorize increased appropriations for 21st century community learning centers. Title IV: Supporting Family Choices in Child Care - Amends the Internal Revenue Code to: (1) revise the formula to increase the dependent care income tax credit for certain taxpayers, indexed for inflation, with an even greater credit for employment-related dependent care expenses; (2) allow a minimum dependent care income tax credit for stay-at-home parents; and (3) provide for advance payment by the employer of an employee's dependent care income tax credit. Title V: Encouraging Private Sector Involvement - Amends the Internal Revenue Code to provide an income tax credit for 25 percent of an employer qualified child care expenditures. (Sec. 502) Directs the Secretary of HHS to establish a program to award grants to local communities for the purpose of expanding the availability and improving the quality of child care on a community-wide basis. Authorizes appropriations. Title VI: Ensuring the Quality of Federal Child Care Centers - Requires the Administrator of the General Services Administration (GSA) for the executive branch, the Architect of the Capitol for the legislative branch, and the Administrator of the Administrative Office of the U.S. Courts for the judicial branch to issue regulations to establish standards and ensure quality child care for Federal employees through accredited child care centers. (Sec. 601) Directs the GSA Administrator to establish an interagency council to facilitate cooperation and sharing of best practices among the three branches, and to develop and coordinate policy, regarding the provision of child care in the Federal Government. Authorizes appropriations. Title VI (sic) Child Care in Federal Facilities - Quality Child Care for Federal Employees Act - Directs the Administrator of General Services to: (1) establish health, safety, and facility standards and compliance requirements for child care in executive branch facilities; (2) issue regulations requiring any entity sponsoring a child care center to comply with certain accreditation standards; and (3) establish an interagency council to facilitate cooperation and sharing of best practices. Authorizes appropriations. (Sec. 604) (sic) Amends Federal law to revise conditions for the allotment of space for child care services for Federal employees in Federal buildings. Makes available child care and related services to children of Federal employees or on-site Federal contractors, or dependent children who live with such employees or contractors. (Currently space may be allotted for the provision of child care services to children of whom at least 50 percent have one parent or guardian who is a Federal employee.) Declares that the Administrator of General Services must confirm that at least 50 percent of aggregate enrollment in Federal child care centers governmentwide are children of Federal employees or on-site Federal contractors, or dependent children who live with such employees or contractors. States that, if enrollment at a center drops below the goal, the provider shall develop and implement a business plan with the sponsoring Federal agency to achieve the goal within a reasonable time frame. Authorizes an agency without a child care program, or the Administrator upon identifying a need for child care at a Federal agency, to enter into an agreement with an existing non-Federal, licensed, and accredited child care facility, or a planned facility that will become licensed and accredited. Permits an agency, upon the approval of the agency head, to conduct a pilot project for up to two years to test innovative approaches to providing more cost-effective alternative forms of child care assistance for Federal employees. Requires the Administrator to serve as an information clearinghouse for such pilot projects initiated by other agencies. Requires all existing and newly hired workers in any child care center located in federally owned or leased facilities to undergo a criminal history background check. (Sec. 605) (sic) Directs each agency head to require that each child care facility the agency first operates, or contracts for, at least one year after enactment of this Act provide reasonable accommodations for the needs of breast fed infants and their mothers. (Sec. 606) (sic) Directs the Administrator of General Services and the Director of the Office of Personnel Management to report jointly to Congress, including information on numbers of children using Federal child care facilities and numbers of families not using such facilities because of cost, as well as recommending quality and cost effectiveness improvements in such care.
United States · United States Congress · 19 January 1999
TABLE OF CONTENTS: Title I: Brownfield Remediation and Environmental Cleanup Title II: Prospective Purchasers Title III: Innocent Landowners Title IV: Contiguous Properties Brownfields and Environmental Cleanup Act of 1999 - Title I: Brownfield Remediation and Environmental Cleanup - Directs the Administrator of the Environmental Protection Agency to establish a program to provide grants to States or local governments to inventory and conduct site assessments of brownfield sites. Defines a "brownfield site" as a facility that has or is suspected of having environmental contamination that: (1) could prevent the timely use, development, reuse, or redevelopment of the facility; and (2) is relatively limited in scope or severity and can be comprehensively characterized and readily analyzed. (Sec. 103) Directs the Administrator to establish a program to provide grants to State and local governments for capitalization of loan programs for brownfield site cleanup by either the State or locality or by an owner or prospective purchaser. (Sec. 104) Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to authorize the Administrator to award grants, cooperative agreements, or contracts or provide technical assistance to States, Indian tribes, political subdivisions, and other entities for training, technology transfer, and information dissemination programs to strengthen environmental response activities. (Sec. 105) Requires the Administrator to carry out a program to provide financial assistance for brownfield training programs. (Sec. 106) Makes amounts in the Hazardous Substance Superfund available to carry out the grant and assistance programs of this Act. (Sec. 107) Requires reports to specified congressional committees regarding the programs established under this title. (Sec. 108) Imposes funding limitations, including a restriction on use of funds to meet Federal cost-sharing requirements and a prohibition on the use of grants to pay fines or penalties. (Sec. 111) Authorizes appropriations to carry out the programs established under this title. Title II: Prospective Purchasers - Amends CERCLA to absolve from liability for response actions bona fide prospective purchasers to the extent liability at a facility for a release or threat thereof is based solely on ownership or operation of a facility. Gives a lien upon a facility to the United States for unrecovered response costs in any case in which there are such unrecovered costs for which the owner is not liable by reason of this Act and the facility's fair market value has increased above that which existed 180 days before the action was taken. Title III: Innocent Landowners - Amends CERCLA, with respect to defenses to liability of an owner of after-acquired property, to deem a person to have made (under current law, "undertaken") appropriate inquiry into the property's previous ownership and uses if the person establishes that an environmental site assessment was conducted which meets specified requirements (compliance with an American Society for Testing and Materials standard or with standards issued by the President) and the person fulfills certain responsibilities concerning information compilation, exercise of appropriate care with respect to hazardous substances at the facility, cooperation with those conducting response actions, and compliance with land use or activity restrictions. Deems the appropriate inquiry requirements to be satisfied by a site inspection and title search that reveal no basis for further investigation in the case of property for residential or similar use purchased by a nongovernmental or noncommercial entity. Title IV: Contiguous Properties - Exempts from liability under CERCLA certain owners or operators of real property contiguous to property on which there has been a release or threatened release. Authorizes the President to issue an assurance that no enforcement action will be initiated against such individuals.
United States · United States Congress · 19 January 1999
TABLE OF CONTENTS: Title I: Control of Congressional Campaign Spending Subtitle A: Senate Election Campaign spending Limits and Benefits Subtitle B: General Provisions Title II: Independent Expenditures Title III: Expenditures Subtitle A: Personal Funds; Credit Subtitle B: Soft Money of Political Parties Subtitle C: Soft Money of Persons Other Than Political Parties Title IV: Contributions Title V: Authorities and Duties of the Federal Election Commission Title VI: Miscellaneous Title VII: Effective Dates; Authorizations Congressional Election Campaign Spending Limit and Reform Act of 1999 - Title I: Control of Congressional Campaign Spending - Subtitle A: Senate Election Campaign Spending Limits and Benefits - Amends the Federal Election Campaign Act of 1971 (FECA) to make a Senate candidate eligible for FECA benefits if the candidate: (1) files a primary election eligibility declaration; (2) files a general election eligibility certification and declaration; and (3) meets certain contribution and expenditure limits. Limits Senate primary expenditures for a candidate (or his or her authorized committees) to the lesser of: (1) 67 percent of the general election expenditure limit; or (2) $2.75 million. Limits runoff expenditures. Sets a threshold contribution amount which triggers application of such primary and runoff limits. Limits the use by a Senate candidate (or authorized committees), during an entire election cycle, of the candidate's personal (or family) funds (including debt). Limits aggregate general election expenditures by an eligible Senate candidate (or authorized committees) to the lesser of: (1) $5.5 million; or (2) the greater of $1.2 million, or $400,000 plus 30 cents times the voting age population up to 4 million and 25 cents times the voting age population over 4 million. Exempts from the general election expenditure limit qualified accounting or legal expenditures. Entitles eligible Senate candidates to certain broadcast media rates, and in certain circumstances, payments compensating for independent expenditures and excess expenditures on behalf of the candidate's opponent. Requires the Federal Election Commission (Commission) to certify an eligible Senate candidate within 48 hours after his or her application to the Secretary of the Senate. Requires the Commission to examine and audit, for FECA compliance, the campaign accounts of all candidates in five percent of the elections to the Senate in which there was an eligible Senate candidate on the ballot. Requires candidates to refund to the Commission any excess payments or expenditures. Sets civil penalties for excess expenditures and contributions. Provides for judicial review of Commission actions and requires Commission reports to the Senate after each general election. Requires closed captioning for eligible Senate candidates' television broadcasts. Authorizes reduced payments to an eligible Senate candidate under circumstances of insufficient funds. (Sec. 102) Sets forth reporting requirements for Senate candidates not eligible for FECA benefits. Requires reports to the Secretary within two days after aggregate contributions have been received and aggregate expenditures have been made or obligated to be made in excess of FECA limits. Requires any candidate for the Senate who, during the election cycle, expends more than the personal funds expenditure limit to report to the Secretary of the Senate within two days after expenditures have been made or loans incurred in excess of the personal funds expenditure limit. Requires certain expenditure reports from any Senate candidate who held Federal, State, or local office during the same election cycle, and made any expenditures, before becoming a Senate candidate, that would have been treated as Senate candidate expenditures. (Sec. 103) Requires Senate candidates ineligible for FECA benefits to place on every paid or authorized political commercial or communication the declaration: "This candidate has not agreed to voluntary campaign spending limits." (Sec. 104) Sets forth provisions governing excess campaign funds of Senate candidates. (Sec. 105) Sets forth a contribution limit for an eligible Senate candidate (and the candidate's authorized political committees) whose opponent fails to comply with the expenditure limits and has received contributions in excess of ten percent of the general election limits or has expended personal funds in excess of ten percent of the general election limits. Subtitle B: General Provisions - Amends the Communications Act of 1934 to require a broadcast station to make broadcast time available to all House and Senate candidates in the last 30 (currently 45) days before a primary at the lowest unit charge of the station for the same amount of time (currently, the same class and amount of time) for the same period on the same date. Allows Senate candidates to purchase broadcast time at 50 percent of the lowest unit rate for the 30 days before a primary or runoff election and 60 days before a general election. Prohibits broadcasters from preempting advertisements sold to political candidates at the lowest unit rate, unless the preemption is beyond the broadcaster's control. (Sec. 112) Amends FECA to set forth reporting requirements for certain independent expenditures. (Sec. 113) Makes certain amendments with regard to campaign advertising that includes certain requirements for printed as well as broadcast and cablecast communications. (Sec. 114) Adds various definitions to FECA for such specified terms as "general election," "general election period," and "primary election period." (Sec. 115) Amends Federal postal law to prohibit a Senator who is a candidate for election to any public office from making a mass mailing under the frank during the calendar year of any primary or general election for such office. Title II: Independent Expenditures - Amends FECA to define "independent expenditure" as an expenditure by a person other than a candidate or candidate's authorized committee: (1) that is made for a communication that contains express advocacy; and (2) is made without the participation or cooperation of and without coordination with a candidate. Defines the following terms: (1)"express advocacy"; and (2) "without the participation or cooperation of and without coordination with a candidate." (Sec. 202) Defines "coordinated expenditure" to mean an expenditure that is made by a person other than the candidate and that is not an independent expenditure. Prohibits political party committees from making both a coordinated expenditure and an independent expenditure to the same candidate during a single election cycle. Requires political party committees to file with the Commission a certification signed by the treasurer stating whether the committee will make coordinated expenditures or independent expenditures to the candidate. Prohibits a party committee that certifies that it will make coordinated expenditures to a candidate from, in the same election cycle, making a transfer of funds to, or receiving a transfer of funds from, any other party committee that has certified that it will make independent expenditures to the candidate. (Sec. 203) Permits qualified nonprofit corporations to make independent expenditures. (Sec. 204) Amends the Communications Act of 1934 to provide for equal broadcast time, including notification and opportunity to purchase equal time on an independent expenditure basis. Title III: Expenditures - Subtitle A: Personal Funds; Credit - Amends FECA to prohibit the use of contributions after the date of a general election to repay loans to a candidate (or authorized committee) by the candidate or by members of the candidate's family. (Sec. 302) Treats as a contribution any extension of credit for goods or services relating to general political advertising of more than $1,000 for more than 60 days to candidates for Federal office (or authorized committees). Subtitle B: Soft Money of Political Parties - Amends FECA to exclude from the definition of "contribution" the preparation and distribution, by volunteers, of materials in connection with State and local party voter registration and get-out-the-vote activities. (Sec. 312) Permits maximum contributions to a State Party Grassroots Fund of: (1) $20,000 by an individual; and (2) $15,000 from a multicandidate committee. Establishes an overall $60,000 annual limit on individual contributions, including specified limits for: (1) candidates and their political committees; and (2) State committees. (Sec. 313) Provides for the treatment of: (1) any amount solicited, received, or expended directly or indirectly by a national, State, district, or local committee of a political party (including any subordinate committee) with respect to an activity (such as voter registration and get-out-the vote activities among others) which is in connection with an election to Federal office as a contribution subject to certain limitations, prohibitions, and reporting requirements; (2) any amount to raise funds that are used, in whole or in part, in connection with such activities as an expenditure subject to certain limitations, prohibitions, and reporting requirements; and (3) any get-out-the-vote activity for a State and local candidate, or for a ballot measure conducted by a State, district, or local committee of a political party as an expenditure subject to certain limitations, prohibitions, and reporting requirements. Limits the expenditures for which a State committee may use its State Party Grassroots Fund. (Sec. 314) Prohibits Federal candidates and officeholders from soliciting contributions: (1) not subject to FECA; and (2) on behalf of tax-exempt organizations, if a significant portion of the activities of the organization include voter registration or get-out-the-vote activities. (Sec. 315) Requires: (1) a national committee and a congressional campaign committee to report all receipts and disbursements whether or not in connection with a Federal election; and (2) other specified political committees to report all receipts and disbursements in connection with a Federal election. Subtitle C: Soft Money of Persons Other Than Political Parties - Requires that persons other than political parties who make (or obligate to make) aggregate disbursements totaling over $2,000 for specified election activities shall file a statement with the Commission within 48 hours after the disbursements or obligations are made, or in the case of disbursements or obligations that are made within 14 days of an election, on or before the 14th day before the election. Title IV: Contributions - Prohibits certain lobbyist contributions. (Sec. 402) Treats contributions by a dependent not of voting age as having been made by the individual on whom that dependent is a dependent. (Sec. 403) Prohibits a candidate for Federal office from accepting, with respect to any election, any contribution from a State or local political party committee (or subordinate committee) if such contribution, when added to the total of contributions previously accepted from all such committees of that political party, would cause the total amount of contributions to exceed the relevant contribution limitation. (Sec. 404) Makes it unlawful to use physical threat, intimidation, or taking or threatening to take other adverse action to: (1) coerce contributions or expenditures from another person; or (2) deter or prevent any person from filing a complaint, providing testimony, or otherwise cooperating with enforcement efforts under FECA; or (3) retaliate against any person who has filed a complaint, provided testimony, or otherwise cooperated with enforcement efforts under FECA. (Sec. 405) Prohibits acceptance by a candidate of cash contributions from any one person aggregating more than $100. Title V: Authorities and Duties of the Federal Election Commission - Authorizes the Commission to issue a regulation to require the filing of designations, statements, and reports using computers if the person has, or has reason to expect to have, aggregate contributions or expenditures in excess of a threshold amount determined by the Commission. Requires the Commission to prescribe a regulation allowing persons to file designations, statements, and reports using facsimile machines. (Sec. 502) Increases the threshold amount to $50 with respect to reporting the identification of certain contributors and disbursements. (Sec. 503) Authorizes the Commission to conduct random audits and investigations to ensure voluntary compliance. Extends the period during which a campaign audit of a candidate's authorized committee may be begun. (Sec. 504) Grants authority to the Commission, to seek at any time in a proceeding, a temporary restraining order or a temporary injunction if the Commission believes there is a substantial likelihood that a violation is occurring or is about to occur. (Sec. 505) Revises specified enforcement requirements to provide for: (1) increased monetary penalties; and (2) equitable remedies if authorized by a conciliation agreement with the Commission. Directs the Commission to establish a schedule of automatic monetary penalties for the late filing of reports. (Sec. 506) Repeals requirements authorizing the Commission to appear in and defend against any action initiated under FECA. Replaces them with requirements authorizing the Commission to appear on its own behalf in any action related to the exercise of its statutory duties or powers in any court as a party or amicus curiae. Revises a requirement respecting the powers of the Commission to initiate civil actions to permit the Commission to petition the Supreme Court for certiorari to review judgements or decrees entered with respect to actions in which the Commission appears. (Sec. 507) Revises requirements concerning the referral of suspected violations to the Attorney General. (Sec. 508) Revises certain powers of the Commission. Title VI: Miscellaneous - Prohibits Federal candidates and officeholders from establishing, maintaining, or controlling any political committee (such as a "leadership committee") other than a principal campaign committee of the candidate, authorized committee, party committee, or other political committee designated as an authorized committee. (Sec. 602) Directs the Commission to study and report to the Congress on the feasibility of developing a system by which persons with disabilities could vote by telephone. (Sec. 603) Exempts certain tax-exempt organizations from specified corporate expenditure limits. (Sec. 604) Provides that with respect to any provision of FECA that places a requirement or prohibition on any person acting in a particular capacity, any person who knowingly aids or abets the person in that capacity in violating that provision may be proceeded against as a principal in the violation. (Sec. 605) Requires exact copies of campaign advertising that refers to a candidate's opponent to be filed with the Commission and the Secretary of State of the candidate's State. (Sec. 606) Amends Federal postal law to prohibit a Member of Congress, during an election year, from using the franking privilege for a mass mailing from January 1 until the general election date. (Sec. 607) Amends FECA to make it unlawful for: (1) foreign nationals to make or promise to make donations of money or other things of value in connection with a Federal, State, or local election, or contributions or donations to a committee of a political party; or (2) any person to solicit, receive, or accept such contributions or donations from a foreign national. (Sec. 608) Requires that reports include a certification under penalty of perjury that the political committee has complied with foreign contribution and solicitation limitations. Title VII: Effective Dates; Authorizations - Sets forth the general effective date of this Act. Provides for direct, expedited appeal to the U.S. Supreme Court from any court rulings on the constitutionality of any provision of this Act or amendment made by it.
United States · United States Congress · 19 January 1999
TABLE OF CONTENTS: Title I: Fair Minimum Wage Title II: Marriage Tax Penalty Relief Title III: Paycheck Fairness Title IV: Pension Reform Subtitle A: Pension Access and Coverage Subtitle B: Security Subtitle C: Portability Subtitle D: Comprehensive Subtitle E: Date for Adoption of Plan Amendments Title V: Save Social Security First Income Security Enhancement Act of 1999 - Title I: Fair Minimum Wage - Fair Minimum Wage Act of 1999 - Amends the Fair Labor Standards Act of 1938 to increase the Federal minimum wage (currently $5.15 per hour) to: (1) $5.65 an hour during the year beginning on September 1, 1999; and (2) $6.15 an hour beginning on September 1, 2000. (Sec. 103) Makes Federal minimum requirements applicable to the Commonwealth of the Northern Mariana Islands. Title II: Marriage Tax Penalty Relief - Marriage Tax Penalty Relief Act of 1999 - Amends the Internal Revenue Code (IRC) to provide for a deduction for two-earner married couples to eliminate the marriage penalty. Allows such deduction, in the case of a joint return, in an amount equal to a specified applicable percentage of the qualified earned income of the spouse with the lower qualified earned income for the taxable year. Provides that such deduction is to be above-the-line. Requires that the earned income credit phaseout reflect such deduction. Title III: Paycheck Fairness - Paycheck Fairness Act - Amends the Fair Labor Standards Act of 1938 (FLSA) to revise remedies for and enforcement of prohibitions against sex discrimination in the payment of wages (such FLSA prohibitions are also known as the Equal Pay Act). (Sec. 303) Amends FLSA to provide for enhanced enforcement of equal pay requirements, adding a nonretaliation requirement. Increases penalties for such violations. Provides for the Secretary of Labor to seek additional compensatory or punitive damages in such cases. (Sec. 304) Requires the Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs to train EEOC employees and affected individuals and entities on matters involving wage discrimination. (Sec. 305) Directs the Secretary to conduct studies and provide information to employers, labor organizations, and the general public concerning the means available to eliminate pay disparities between men and women, including convening a national summit and carrying out other specified activities. (Sec. 306) Directs the Secretary to: (1) develop guidelines for employer evaluations of job categories based on objective criteria, to be used voluntarily by employers to compare wages for different jobs to determine if pay scales adequately and fairly reflect each job's educational and skill requirements, independence, working conditions, and responsibility, in order to eliminate unfair pay disparities between occupations traditionally dominated by men or women; and (2) establish a program to recognize employers who use such guidelines to ensure that women are paid fairly in comparison to men without lowering men's wages. Authorizes the Secretary to provide technical assistance for employers to carry out such evaluations. (Sec. 307) Establishes the Robert Reich National Award for Pay Equity in the Workplace, which shall be evidenced by a medal. Sets forth criteria for specified types of entities to receive such an award. (Sec. 308) Expresses the sense of the Senate that the President should: (1) take appropriate steps to increase the amount of information available with respect to wage disparities; and (2) consider ways to collect such information that maximize its utility, protect individual privacy, and minimize reporting burdens. (Sec. 309) Authorizes appropriations. Title IV: Pension Reform - Retirement Accessibility, Security, and Portability Act of 1999 - Subtitle A: Pension Access and Coverage - Chapter 1: Improved Access to Individual Retirement Savings - Amends the Internal Revenue Code (IRC) to allow a tax credit for up to a maximum $500 of the qualified start-up costs of eligible small employers in establishing a qualified pension plan or qualified employer payroll deduction system. (Sec. 412) Provides for an exclusion from an employee's gross income of payroll deduction contributions to individual retirement accounts (IRAs). (Sec. 413) Provides for a nonrefundable tax credit for contributions to individual retirement plans. (Sec. 414) Allows the use without penalty of distributions from certain plans during periods of unemployment. Chapter 2: Secure Money Annuity or Retirement (SMART) Trusts - Establishes a defined benefit plan option for small businesses, to be known as secure money annuity or retirement (SMART) trusts. Chapter 3: Improved Fairness in Retirement Plan Benefits - Amends the IRC to require a specified minimum employer contribution to SIMPLE retirement accounts. Provides for an employer option to suspend contributions with 30-days' notice. Amends the Employee Retirement Income Security Act of 1974 (ERISA) with respect to fiduciary duties in the case of such accounts. (Sec. 422) Amends the IRC to set forth various nondiscrimination rules for qualified cash or deferred arrangements and matching contributions. (Sec. 423) Increases from $75,000 to $80,000 per year specified compensation criteria for a highly compensated employee. Excludes specified categories of employees with respect to age, short length of service, and part-time service from the meaning of highly compensated employee. (Sec. 424) Includes multiemployer plans, as well as governmental plans, under specified provisions of IRC for: (1) special limitation rules relating to compensation limits; and (2) exemptions for survivor and disability benefits. (Sec. 425) Declares that compensation deferred under a mirror plan shall not be taken into account in applying certain limits (with respect to deferred compensation plans of State and local governments and tax-exempt organizations) to compensation deferred under any other deferred compensation plan. (Sec. 426) Amends specified Federal law relating to Federal employees to allow immediate participation in the Thrift Savings Plan for Federal employees by eliminating certain waiting periods. (Sec. 427) Amends IRC and ERISA to set a full funding limitation for multiemployer plans. (Sec. 428) Eliminates IRC partial termination rules for multiemployer plans. (Sec. 429) Replaces the 150 percent of current liability factor in the calculation of the full-funding limit with an incremental scale from 155 percent in 1998 to 170 percent in 2001, followed by zero in 2002 and succeeding years. Subtitle B: Security - Chapter 1: General Provisions - Amends ERISA to revise requirements for periodic pension benefits statements. (Sec. 432) Applies an ERISA requirement for annual, detailed investment reports to certain IRC section 401(k) plans. (Sec. 433) Directs the Secretary of Labor, in prescribing regulations for required information in such reports, to consider including specified types of information. (Sec. 434) Directs the Secretary to study and report to the Congress on: (1) the extent to which pension plans invest in collectibles; and (2) whether such investments present a risk to the pension security of the participants and beneficiaries of such plans. (Sec. 435) Amends IRC to prohibit qualified employer plans from making loans through credit cards and other intermediaries. (Sec. 436) Increases the amounts of multiemployer plan benefits guaranteed under ERISA. (Sec. 437) Increases the maximum amount of the civil penalty which may be assessed administratively for certain prohibited transactions. (Sec. 438) Amends ERISA with respect to substantial owner benefits to revise the phase-in of guarantee and the allocation of assets. (Sec. 439) Directs the Secretary to report annually to the President and the Congress on plans from which residual assets were distributed to employers (reversion report). Chapter 2: ERISA Enforcement - Amends ERISA enforcement provisions to change from mandatory to discretionary the Secretary's authority to impose certain civil penalties for breach of fiduciary responsibilities. (Sec. 442) Revises reporting and enforcement requirements for employee benefit plans. Requires plan administrators and accountants to notify the Secretary: (1) of specified irregularities; and (2) upon termination of the accountant. Authorizes the Secretary to impose civil penalties for failure to make such notifications. (Sec. 443) Sets forth additional ERISA requirements for qualified public accountants. (Sec. 444) Directs the Inspector General of the Department of Labor to study, and report to the Congress and the Secretary on, the need for regulatory standards and procedures to authorize the Secretary, in appropriate cases, to prohibit persons from serving as qualified accountants for purposes of specified annual reports. Chapter 3: Increase in Excise Tax on Employer Reversions - Amends the IRC to increase the excise tax on reversions of qualified employee benefit plan assets to employers. Subtitle C: Portability - Amends ERISA and the IRC to provide for faster vesting of employer matching contributions. (Sec. 452) Revises certain restrictions on distributions from IRC section 401(k) plans. (Sec. 453) Amends ERISA and the IRC with respect to an accrued benefit not to be decreased by plan amendment to revise the treatment of transfers between defined contribution plans. (Sec. 454) Amends ERISA rules requiring transfer of benefits of missing participants to direct the Pension Benefit Guaranty Corporation (PBGC) to prescribe similar rules for multiemployer plans that terminate. Requires transfer of missing participants' plan benefits to the PBGC by certain plans not otherwise subject to ERISA enforcement provisions. (Sec. 455) Allows rollovers from and to the IRC section 403(b) plans. (Sec. 456) Amends the IRC to set forth requirements relating to rollover contributions from deferred compensation plans of State and local governments. (Sec. 457) Extends the IRC 60-day rollover period in the case of presidentially declared disasters and service in combat zones. (Sec. 458) Excludes from gross income, for certain IRC purposes, amounts involved in a direct trustee-to-trustee transfer to a defined benefit governmental plan, if such transfer is for: (1) purchase of service credit under such plan; or (2) a specified type of repayment. Subtitle D: Comprehensive Women's Pension Protection - Chapter 1: Pension Reform - Amends the IRC and ERISA to provide for the spouse's right to know specified distribution information relating to survivor annuities. Provides for the employee's right to know of the opportunity for elective contributions under IRC section 401(k) plans. (Sec. 462) Directs the Secretary of Labor to contract with an independent organization to create a women's pension toll-free phone number and contact. Authorizes appropriations. (Sec. 463) Amends the Social Security Act to modify the government pension offset with respect to certain insurance benefits for wives, husbands, widows, widowers, and mothers and fathers. (Sec. 464) Amends the IRC and ERISA to treat periods of family and medical leave, under the Family and Medical Leave Act of 1993, as hours of service for purposes of pension participation and vesting. (Sec. 465) Amends the IRC to: (1) disallow integration for simplified employee pensions; and (2) provide for eventual repeal of certain pension integration rules. (Sec. 466) Amends the IRC and ERISA with respect to division of pension benefits upon divorce, at the former spouse's election, to deem any State divorce decree to be a domestic relations order specifying that half of the marital share of the participant's accrued benefit is to be provided to such former spouse. (Sec. 467) Amends the Railroad Retirement Act of 1974 (RRA) to entitle divorced spouses to railroad retirement annuities independent of the employee's actual entitlement. Chapter 2: Protection of Rights of Former Spouses to Pension Benefits Under Certain Government and Government-Sponsored Retirement Programs - Amends RRA to extend Tier II railroad retirement benefits to surviving former spouses pursuant to divorce agreements. (Sec. 472) Amends Federal civil service law with respect to survivor annuities for widows, widowers, and former spouses of Federal employees who die before attaining the age for deferred annuity under the Civil Service Retirement System (CSRS). (Sec. 473) Amends Federal civil service law with respect to payment of lump-sum benefits to former spouses of Federal employees under CSRS and the Federal Employees' Retirement System (FERS). Chapter 3: Modifications of Joint and Survivor Annuity Requirements - Modifies ERISA and IRC requirements for joint and survivor annuities to provide for an alternative joint and two-thirds survivor annuity payable while both the participant and the spouse are alive. (Sec. 476) Requires spousal consent for distributions from the IRC section 401(k) plans. Subtitle E: Date for Adoption of Plan Amendments - Sets forth dates for adoption of plan amendments. Title V: Save Social Security First - Sets forth a point of order that prohibits any changes to the pay-as-you-go rule in the Senate until the Congress enacts legislation that ensures the long- term fiscal solvency of the Social Security Trust Funds.
United States · United States Congress · 19 January 1999
TABLE OF CONTENTS: Title I: Health Care Coverage Choices for 55 to 65 Year Olds Subtitle A: Access to Medicare Benefits for Individuals 62-to-65 Years of Age Subtitle B: Access to Medicare Benefits for Displaced Workers 55-to-62 Years of Age Subtitle C: COBRA Protection for Early Retirees Title II: Expansion of Long-Term Care Protection Title III: Reauthorization of the Older Americans Act of 1965 Health Protection and Assistance for Older Americans Act of 1999 - Title I: Health Care Coverage Choices for 55-to-65 Year Olds - Subtitle A: Access to Medicare Benefits for Individuals 62-to-65 Years of Age - Amends title XVIII (Medicare) of the Social Security Act (SSA) to add a new part D (Purchase of Medicare Benefits by Certain Individuals Age 62-to-65 Years of Age). Makes eligible to enroll in Medicare during a specified period individuals between the ages of 62 and 65 who: (1) are not eligible for coverage under group health plans or Federal health insurance; but (2) would be Medicare-eligible if age 65. Requires prior notification of each individual seeking to enroll of the deferred monthly premium amount for which the individual will be liable upon attaining age 65. Directs the Secretary of Health and Human Services to determine rates for: (1) the base monthly premium; (2) the base annual premium for individuals age 62 or older, reduced appropriately for a premium area that has costs below the national average, in order to assure participation in all areas of the country; and (3) the deferred premium for such individuals. Directs the Secretary to provide for payment and collection of the base monthly premium. Makes the enrollee liable for the deferred monthly premium payment. Requires collection of both premiums in the same manner as for the payment of monthly premiums under Medicare part B (Supplementary Medical Insurance). Creates in the Treasury the Medicare Early Access Trust Fund (Trust Fund) to hold collected premiums. Directs: (1) the Trust Fund's Board of Trustees to report annually to the Congress on the need for adjustments in the new program in order to maintain its financial solvency; and (2) the Comptroller General to report periodically to the Congress on the adequacy of program financing along with appropriate recommendations to accomplish such end. Requires: (1) individuals enrolled under the new part D program to be treated for Medicare purposes as though they were entitled to benefits under Medicare part A (Hospital Insurance) and enrolled under Medicare part B; and (2) new part D program benefits to be payable under Medicare to such individuals in the same manner as if they were so entitled and enrolled. Provides that the new part D program shall not be treated as Medicare for purposes of the Medicaid program (SSA title XIX), including the provision of Medicare cost-sharing assistance, nor for purposes of COBRA (Consolidated Omnibus Budget Reconciliation Act of 1985) continuation requirements of the Public Health Service Act. Subtitle B: Access to Medicare Benefits for Displaced Workers 55-to-62 Years of Age - Amends SSA title XVIII part D to rename the newly established part D program the Purchase of Medicare Benefits by Certain Individuals Age 55-to-65 Years of Age. Provides for part D coverage for certain displaced workers and spouses between the ages of 55 and 62 under arrangements similar to those in title I. Directs the Secretary to provide for continued enrollment of displaced workers who attain 62 years of age. Subtitle C: COBRA Protection for Early Retirees - Chapter 1: Amendments to the Employee Retirement Income Security Act of 1974 - Amends the Employee Retirement Income Security Act of 1974 to extend specified group health plan insurance continuation coverage under COBRA to qualified retirees and their dependents, in cases of substantial reduction or termination of a retiree group health plan. Sets forth a special rule for certain dependents in case of termination or substantial reduction of retiree health coverage. Permits an increased level of premiums in the case of an individual provided continuation coverage by reason of the qualifying event. Chapter 2: Amendments to the Public Health Service Act - Amends the Public Health Service Act to extend specified group health plan insurance continuation coverage under COBRA to qualified retirees and their dependents, in cases of substantial reduction or termination of a retiree group health plan. Sets forth a special rule for certain dependents in case of termination or substantial reduction of retiree health coverage. Permits an increased level of premiums in the case of an individual provided continuation coverage by reason of the qualifying event. Subtitle C: Amendments to the Internal Revenue Code of 1986 - Amends the Internal Revenue Code to extend specified group health plan insurance continuation coverage under COBRA to qualified retirees and their dependents, in cases of substantial reduction or termination of a retiree group health plan. Sets forth a special rule for certain dependents in case of termination or substantial reduction of retiree health coverage. Permits an increased level of premiums in the case of an individual provided continuation coverage by reason of the qualifying event. Title II: Expansion of Long-Term Care Protection - Amends the Internal Revenue Code to provide an annual long-term care credit of $1000 per applicable person for whom a taxpayer is an eligible caregiver. (Sec. 202) Amends Federal law to set forth provisions for the establishment of a program under which long-term care insurance is made available to Federal employees and annuitants. Authorizes the Office of Personnel Management to purchase group long-term care insurance policies from, and design benefits packages and negotiate final offerings with, qualified carriers. Provides that policy coverage and benefits shall be guaranteed to be renewable and may not be canceled except for nonpayment of premiums. Requires provided benefits to be compliant with standards recommended by the National Association of Insurance Commissioners. Requires premium payments to be withheld from the pay or annuities of enrollees. Sets forth provisions governing the filing of claims, the administrative resolution of claims disputes, and the jurisdiction of U.S. district courts over related suits. Authorizes appropriations. Title III: Reauthorization of the Older Americans Act of 1965 - Amends the Older Americans Act of 1965 to extend through FY 2002 authorization of appropriations for: (1) the Federal Council on the Aging; (2) administration; (3) grants for State and community programs on aging; (4) the national family caregiver program; (5) availability of surplus commodities; (6) training, research, and discretionary projects and programs; (7) community service employment for older Americans; (8) grants for Native Americans; (9) allotments for vulnerable elder rights protection activities; and (10) the Native American program. (Sec. 302) Amends the Older Americans Act of 1965 to replace the program for in-home services for frail older individuals with a national family caregiver support program consisting of: (1) a State grant program of support for families and other informal providers of in-home and community care to older individuals; (2) a grant program to foster development of innovative approaches to caregiving, including minority and distant caregivers; and (3) grants or contracts for related activities of national significance. (Sec. 304) Makes funds under part D of title III of the Older Americans Act of 1965 available for reallotment.
United States · United States Congress · 21 October 1998
Directs the Secretary of the Army to acquire, demolish, and remove structures in the floodway of the Central Passaic River basin (the basin) where excessive damage has occurred in at least two floods. Requires that: (1) the floodway land in the basin be stabilized as part of the ecological restoration program under the Water Resources Development Act of 1990 (WRDA) and, where appropriate, wetlands be created; (2) after the land is vacated, it be held in perpetuity by the most appropriate Federal or State agency, as determined by the Oversight Committee (created by this Act), and be managed as open space; (3) this section be carried out in conformance with New Jersey's Blue Acres Program; and (4) crediting of land acquisition for the non-Federal cost share remain in effect in accordance with WRDA. Directs the Secretary to: (1) acquire, demolish, and remove additional structures, or floodproof structures, to the ten-year floodplain in the floodway of the basin in areas where excessive damage has occurred in at least two floods; (2) floodproof structures in the floodplain of the basin to the 50-year floodplain in areas of high risk, at a 55 percent Federal, 20 percent State, and 25 percent property owner cost share; (3) provide information on techniques to deal with flood management in the remainder of the floodplain to the 100-year protective flood elevation; (4) acquire wetlands in the floodways throughout the Great Piece Meadows of the basin, to supplement the wetlands acquisition authorized under WRDA, and upland transition areas with significant wildlife or other natural values; (5) transfer the wetlands and transition areas to the United States Fish and Wildlife Service, or an appropriate State agency, which shall manage the wetlands and transition areas in accordance with proper wetlands management principles; (6) acquire strategic land in New Jersey and New York to prevent flooding and to prevent flooding from increasing in the High Mountain area in Wayne, New Jersey, and the urban area of the Molly Ann's Brook project in North Haledon, New Jersey; (7) complete the Passaic River Restoration Project from Little Falls to Newark Bay, New Jersey; and (8) complete the streambank restoration element of the project for flood control, Passaic River Main Stem, New Jersey and New York (the Project), authorized by WRDA, known as the Joseph G. Minish Passaic River Waterfront Park and Historic Area, New Jersey (Minish Park). Requires the Administrator of the Environmental Protection Agency to assist the Passaic Valley Sewerage Commissioners in the implementation of remedial actions for the combined sewer overflows in the lower Passaic River Basin from Great Falls to Newark Bay. Establishes the Oversight Committee. Finds that the most appropriate solution to flooding in the Passaic River basin is the "preferred alternative" (a qualified acquisition and hazard mitigation plan for the Project). Directs that such alternative be implemented immediately. (Sec. 4) Authorizes appropriations to begin the Federal portion of a buyout of floodway structures authorized by WRDA. Directs that $15 million made available by New Jersey for the Blue Acres portion of the Green Acres Bond Act of 1995, approved by New Jersey voters, constitute the 25 percent non-Federal cost share. Authorizes appropriations for: (1) acquisition of freshwater wetlands, and for floodproofing of structures, in the floodplains within the Passaic River basin; (2) acquisition of land in the Highlands Province to reduce flooding in the Passaic River basin in New Jersey and New York; (3) acquisition of land and the development and redevelopment of parkland along the Passaic River from Little Falls to Newark Bay, Kearny; (4) completion of the Minish Park, at a 100 percent Federal cost share; (5) implementation, each fiscal year, of the preferred alternative and administration of the Oversight Committee; and (6) acquisition of land at High Mountain. Directs that, for the combined sewer project in the lower Passaic River basin, a project budget be established of $85 million, with a $65 million Federal share. Authorizes appropriations for the purpose of making a grant to the Passaic Valley Sewerage Commission for FY 1999 through 2001.
United States · United States Congress · 9 October 1998
Amends the Clean Air Act to require emissions standards of performance for new or modified fossil fuel-fired electric utility units to apply to grandfathered units (units that were not subject to standards set forth in Federal regulations pertaining to fossil fuel-fired steam generators for which construction is commenced after August 17, 1971, and certain other steam generating units or to subsequent standards for such units) that: (1) have the capacity to generate more than 25 megawatts of electrical output per hour; and (2) generate electricity that flows through transmission or connected facilities that cross State lines (including electricity in a transaction that for regulatory purposes is treated as an intrastate rather than an interstate transaction). Requires grandfathered units to comply with standards established before this Act's enactment within five years of this Act's enactment and within three years of enactment of any standard established after this Act's enactment. Directs the Administrator of the Environmental Protection Agency, to provide an alternative means of complying with such standards, to: (1) establish national annual limitations for calendar year 2003 and subsequent years for each pollutant subject to standards at a level equal to the aggregate emissions of each pollutant that would result from application of the standards to all affected electric utility units; (2) allocate transferable allowances for such pollutants to such units in an annual quantity not to exceed such limitations based on each unit's share of the total electric generation from such units in each year; and (3) require grandfathered units to meet standards by emitting no more of each regulated pollutant than the quantity of allowances held by such units for the year.
United States · United States Congress · 9 October 1998
Children's Lead Prevention and Inclusive Treatment Act of 1998 (or the Children's Lead PAInT Act) - Amends title XIX (Medicaid) of the Social Security Act to provide for a reduced Federal medical assistance percentage for States that fail to meet specified minimum blood lead screening rates established by this Act, subject to waiver by the Secretary of Health and Human Services in the case of a State that has performed during a fiscal year such a significant number of lead blood level assessments that the State reasonably cannot be expected to achieve the appropriate minimum blood lead screening rate. Requires the State Medicaid plan to provide for reporting to the Secretary: (1) the number of children who are not more than two years of age and enrolled in the Medicaid program; and (2) the number and results of lead blood level assessments performed by the State, along with demographic and identifying information consistent with the recommendations of the Centers for Disease Control and Prevention (CDC) with respect to lead surveillance. Requires each contract between the State and an entity responsible for provision of medical assistance under the State plan to provide for: (1) compliance with mandatory screening requirements for lead blood level assessments commensurate with guidelines and mandates issued by the Secretary through the Administrator of the Health Care Financing Administration; as well as (2) coverage of appropriate qualified lead treatment services, as prescribed by CDC guidelines, for children with elevated levels of lead in their blood. Allows reimbursement for qualified lead treatment services for children with elevated blood lead levels. Amends the Child Nutrition Act of 1966 and the Head Start Act to mandate lead poisoning screening for an infant or child to be eligible to participate in either the special supplemental nutrition program for women, infants, and children, or early Head Start programs.
United States · United States Congress · 9 October 1998
Traumatic Brain Injury and Spinal Cord Injury Registry Act - Amends the Public Health Service Act to authorize grants to: (1) States or their designees to operate the State's traumatic brain injury and spinal cord injury registry; and (2) academic institutions to conduct applied research to support the registries. Regulates registry data confidentiality. Authorizes technical assistance, directly or through grants and contracts, regarding the registries and regarding development of model legislation. Authorizes appropriations.
United States · United States Congress · 7 October 1998
Establishes the National Museum of Women's History Advisory Committee. Directs the Advisory Committee to study matters relating to: (1) a site for the Museum in Washington, D.C.; (2) a business plan for the Museum's creation and maintenance, to be funded solely through private contributions; and (3) assisting the Museum's collection and programs. Directs the Secretary of the Interior to provide administrative services, facilities, support, and funds for the performance of the Advisory Committee's duties.
United States · United States Congress · 7 October 1998
TABLE OF CONTENTS: Title I: Agriculture, Nutrition, and Forestry Subtitle A: Elimination of Permanent Agricultural Price Support and Production Adjustment Authority Subtitle B: Phaseout of Peanut Program Subtitle C: Other Agricultural Commodities Subtitle D: Forestry Subtitle E: Other Agricultural Programs Title II: Energy and Natural Resources Subtitle A: Hardrock Mining Royalty Subtitle B: Other Energy and Natural Resources Programs Title III: Defense Title IV: Commerce, Science, and Transportation Saving Taxpayers from Obsolete Programs and Spending Act of 1998 - Title I: Agriculture, Nutrition, and Forestry - Subtitle A: Elimination of Permanent Agricultural Price Support and Production Adjustment Authority - Eliminates agricultural price support and production adjustment authority. (Sec. 102) Repeals the Agricultural Market Transition Act. Amends the Federal Agriculture Improvement and Reform Act of 1996 to repeal flood risk reduction authority. Amends the Food Security Act of 1985 to repeal conservation farm option authority. (Sec. 103) Repeals the Agricultural Adjustment Act of 1938. Amends the Food and Agriculture Act of 1965 to repeal transfer of acreage allotment authority. Amends Federal law to repeal Burley tobacco acreage allotment authority. Amends the Food and Agriculture Act of 1962 to repeal wheat diversion authority. Amends Federal law to repeal cotton acreage allotment authority. (Sec. 105) Repeals the Agricultural Act of 1949, with specified exceptions. Amends the Food and Agriculture Act of 1977 to repeal the American Agriculture Protection program. Amends the Agricultural Trade Act of 1978 to repeal agricultural embargo authority. Amends the Food, Agriculture, Conservation, and Trade Act of 1990 to repeal the integrated farm management program. (Sec. 106) Repeals the Agricultural Adjustment Act, reenacted with amendments by the Agricultural Marketing Agreement Act of 1937. (Sec. 107) Amends the Food Security Commodity Reserve Act of 1996 to repeal the comparability of storage payment provision. (Sec. 108) Amends the Food, Agriculture, Conservation,, and Trade Act of 1990 to repeal milk price support and related programs. Amends the Food Security Act of 1985 to repeal the dairy products incentive program. Amends the Food and Agriculture Act of 1962 to repeal the acreage diversion programs. (Sec. 110) Makes the provisions of this subtitle effective as of October 1, 2003. Subtitle B: Phaseout of Peanut Program - Chapter 1 - Marketing Quotas for Peanuts - Amends the Agricultural Adjustment Act of 1938 to: (1) revise peanut marketing program provisions for crop years 1999 through 2001; and (2) terminate peanut quotas as of crop year 2002. Chapter 2 - Market Transition Programs for Peanuts - Amends the Agricultural Market Transition Act to revise the market transition program for 1999 through 2001 crops of quota and additional peanuts. (Sec. 126) Revises nonrecourse loan provisions for the 2002 and subsequent peanut crops. Chapter 3 - Implementation - Sets forth implementation provisions. Subtitle C: Other Agricultural Commodities - Amends the Agricultural Act of 1949 to extend tobacco deficit reduction assessment authority. (Sec. 132) Amends the Agricultural Market Transition Act to reduce sugarcane (and sugar beet) loan rates through crop year 2002. Requires such loans to be recourse loans. Eliminates sugar price supports and loans as of crop year 2003. Amends the Agricultural Adjustment Act of 1938 to eliminate sugar marketing quotas and allotments. Subtitle D: Forestry - Amends the National Forest Management Act of 1976 to eliminate below-cost timber sales from National Forest System lands. (Sec. 143) Amends the National Forest Roads and Trails Act to eliminate purchaser road credits as a financing method for national forest road construction. Subtitle E: Other Agricultural Programs - Amends the Rural Electrification Act of 1936 to eliminate insured electric loan interest subsidies. (Sec. 152) Amends the Agricultural Trade Act of 1978 to repeal the market access program. (Sec. 153) Eliminates the Wildlife Services Program of the Animal and Plant Health Inspection Service. Title II: Energy and Natural Resources - Subtitle A: Hardrock Mining Royalty - Requires the payment of a royalty to the Federal Government of five percent of the net smelter return from the production of locatable minerals, or mineral concentrates derived from a locatable mineral, produced from any mining claim located under the general mining laws. Establishes the Abandoned Minerals Mine Reclamation Fund, into which all such royalty receipts (and mining claim maintenance fees) shall be deposited for the reclamation and restoration of land and water resources adversely affected by past minerals activities (other than coal and fluid minerals activities). Identifies the kinds of land and waters eligible for reclamation expenditures. Authorizes appropriations for the Fund. (Sec. 204) Restricts the issuance of any patents for mining or mill site claims to those for which applications were filed, and certain statutory requirements governing vein or lode claims, placer claims, and mill site claims were complied with, before September 30, 1994. (Sec. 205) Sets forth annual claim maintenance fee requirements (which shall not apply to oil shale claims subject to claim maintenance fees under the Energy Policy Act of 1992). Subtitle B: Other Energy and Natural Resources Programs - Amends the Reclamation Reform Act of 1982 to define the terms "legal entity," "operator," and "single farm operation." (Sec. 211) Directs the Secretary of the Interior, for each parcel of land to which irrigation water is delivered or proposed to be delivered, to identify a single individual or legal entity as the owner, lessee, or operator. Allows irrigation water to be delivered at less than the normal per-acre cost to either: (1) a qualified recipient that reports gross farm income from a single farm operation in excess of $500,000 per taxable year; or (2) a limited recipient that received such water on or before October 1, 1981, and that reports gross farm income in excess of such amount. Provides an inflation adjustment for calendar years after 1997. Requires lessees (as well as owners and operators) of an irrigation district to furnish such district a certification of compliance with the Act. Allows the Secretary to require a lessee or operator to submit for examination a copy of a tax return for any taxable year in which the single farm operation of the lessee or operator received irrigation water at less than full cost. Repeals a provision exempting district lands held in trust from Federal reclamation ownership and cost pricing limitations. Directs the Secretary to establish penalties for failure to comply with the Act. Directs the Secretaries of the Interior, of the Treasury, and of Agriculture to enter into a memorandum of understanding to permit the Secretary of the Interior to have access to and use available information collected or maintained by either the Department of the Treasury or Agriculture that would aid in enforcement of the ownership and pricing limitations of Federal reclamation law. (Sec. 212) Amends the Federal Land Policy Management Act of 1976 to direct the Secretary of Agriculture, with respect to National Forest lands in the 16 contiguous Western States, and the Secretary of the Interior, with respect to public domain lands, where domestic livestock grazing is permitted under applicable law, to establish and implement an annual domestic livestock grazing fee equal to fair market value, based on a specified formula. Abolishes grazing advisory boards. Dedicates the U.S. share of grazing fee receipts to: (1) fish and wildlife habitat restoration and enhancement; (2) restoration and improved management of riparian areas; and (3) enforcement of applicable land management plans, allotment plans, and regulations. (Sec. 213) Directs the Secretary of Energy to sell all federally- owned and operated electric power generation and transmission facilities under the supervision of, or in coordination with, a Federal power marketing administration. Instructs the Secretary to obtain the highest practicable sales price for the facilities, including the value of future tax revenues that would have been derived from such facilities. Postulates compliance with environmental laws as a condition of any facility purchase. Requires the Secretary to terminate Federal power marketing operations upon sales completion. (Sec. 214) Directs the Secretary to terminate each Department of Energy program or activity that involves pyroprocessing of plutonium. Makes conforming changes to the Energy Policy Act of 1992. (Sec. 215) Prohibits the Secretary from conducting any petroleum research and development, and to report to the Congress on the attendant termination implementation plan. Authorizes appropriations. Title III: Defense - Directs the Secretary of Defense (Secretary, for purposes of this title) to report to the Congress recommendations on which of the following tactical fighter aircraft programs should be terminated if only two of such programs were to be funded: the F-A 18E-F; the F-22; or the Joint Strike Fighter. Requires the Secretary to terminate the recommended program, allowing funds to be expended on such program only for termination costs. Authorizes the Secretary to increase the number of tactical aircraft to be acquired under existing (full-scale) production programs to offset the number which were planned to be acquired under the terminated program. (Sec. 302) Directs the Secretary to close the Uniformed Services University of the Health Sciences upon the completion of the education and training of those enrolled as of December 31, 1998. Prohibits new students from being enrolled after such date. Allows funds available for the University to be expended only for: (1) completing the education and training of such eligible individuals; and (2) closing the University. (Sec. 303) Prohibits the Secretary from obligating or expending any amount of funds available for FY 1999 through 2003 for a Department of Defense (DOD) program that exceeds that portion of the total program amount that represents an allowance needed to meet increased program costs due to inflation, fluctuations in foreign exchange rates, or fuel fluctuations, over the total amount necessary to meet such increased costs. Requires the Secretary to return any excess amounts to the Treasury. (Sec. 304) Limits to $400 million the total amount to be obligated in any fiscal year after 1998 for the Army Theater High Altitude Area Defense program. Prohibits any further obligation or expenditure of such funds until an independent panel established by the Secretary certifies to the Secretary and the Congress that such program is programmatically sound. (Sec. 305) Directs the Secretary of the Navy to require transportation by air for crew members joining a naval vessel deployed abroad unless such Secretary determines that: (1) another means of transportation would be more cost-effective; or (2) the benefits of air transportation are outweighed by safety concerns or concerns about adverse effects on military capabilities. Directs such Secretary to report to the Secretary of Defense on improvements in Navy power projection and power projection support capabilities that result from implementation of the air transportation policy. (Sec. 306) Directs the Secretary to ensure that DOD maintains the most cost-effective, safe, and reliable combination of delivery vehicles that: (1) is necessary to carry not more than the number of warheads agreed to in the START II Treaty; and (2) comprises a force structure that is treaty-compliant. (Sec. 307) Directs the Secretary to terminate the D5 missile program, allowing program funds to be used only for termination costs. (Sec. 308) Directs the Secretary to: (1) expeditiously review DOD inventory requirements to identify excess equipment and supplies; and (2) increase by 50 percent by the end of FY 2003 the total amount realized from sales of excess inventory over such total during FY 1998. (Sec. 309) Directs the Secretary to terminate the Navy's Extremely Low Frequency Communication System program, allowing program funds to be used only for termination costs. (Sec. 310) Directs the Secretary to require all the armed forces to use a single tactical aircraft pilot training program, and, by the end of FY 1999, to select one service branch to train such individuals. Authorizes the Secretary to waive such requirement in the interests of national security. Title IV: Commerce, Science, and Transportation - Directs the Administrator of the National Aeronautics and Space Administration to terminate U.S. participation in the International Space Station program. Authorizes the Administrator to obligate up to $700 million of such program's funds for termination costs.
United States · United States Congress · 6 October 1998
Medicare HMO Beneficiary Emergency Relief Act of 1998 - Provides that, if an eligible organization under title XVIII (Medicare) of the Social Security Act has a risk-sharing contract in effect on December 31, 1998, and does not convert it to a contract to offer a Medicare+Choice plan under Medicare part C effective January 1, 1999, then such risk-sharing contract shall be deemed to be extended through June 30, 1999, under its existing terms and conditions. Excludes from the application of this Act any eligible organization that, for reasons of financial hardship, cannot convert a risk-sharing contract to a contract to offer a Medicare+Choice plan. Requires a Medicare+Choice organization offering a Medicare+Choice plan in an area affected by such a contract extension to accept, between November 1, 1998, and June 30, 1999, elections to enroll in such plan by individuals currently enrolled under the contract being extended. Authorizes the Secretary of Health and Human Services and the eligible organization whose contract is being extended to negotiate for a new contract which may enable the organization to convert its contract to a contract to offer a Medicare+Choice plan.
United States · United States Congress · 6 October 1998
Expresses the sense of the Congress that: (1) the United States should not give special trade preferences to goods originating from a country that does not adequately protect U.S. intellectual property rights, particularly a developing country that has not met its obligations under the Agreement on Trade-Related Aspects of Intellectual Property Rights by January 1, 2000; (2) the Congress should monitor the progress of developing countries in meeting their obligations under the Agreement by January 1, 2000; and (3) it should consider legislation that would deny benefits under the Generalized System of Preferences to developing countries that are not in compliance with their obligations under the Agreement beginning on January 1, 2000.
United States · United States Congress · 1 October 1998
Condemns the repressive policies of the Government of the former Soviet Union during the Ukrainian Famine of 1932-1933. Expresses the sense of the Congress: (1) in remembrance of the victims of the Famine; and (2) that any supplemental material that will assist in disseminating information about the Famine should be compiled and made available worldwide.
United States · United States Congress · 29 September 1998
Amends the Federal criminal code to prohibit a person from holding a gun show unless such person is licensed to hold a gun show and not less than 30 days have elapsed since the person has notified the Secretary of the Treasury and the chief law enforcement officer of the appropriate jurisdiction of the postal address and the dates and times at which the show is to be held. Sets forth provisions regarding license application requirements, fees, and application approval or denial procedures. Requires that before any unlicensed person may transfer any firearm at a gun show, such person shall provide to the holder of the show written notice of: (1) the name, age, and address of such person and of the transferee; (2) the serial number, make, and model of the firearm; and (3) the date and location of the transfer. Requires the holder of the show to: (1) comply with requirements imposed on firearms dealers with respect to firearm transfers; and (2) deliver show records to the Secretary within 30 days after the show. Sets forth penalties for violations of this Act.
United States · United States Congress · 25 September 1998
Excludes from gross income for Federal income and gift tax purposes any portions of amounts paid to David R. Kaczynski of Schenectady, New York, and his wife, Linda E. Patrik, for information leading to the arrest of Theodore J. Kaczynski in the "Unabomber" case which are used to: (1) pay attorney's fees in connection with the "Unabomber case;" or (2) benefit "Unabomber" victims and their families or any irrevocable trust established for them.
United States · United States Congress · 22 September 1998
Library of Congress Bicentennial Commemorative Coin Act of 1998 - Directs the Secretary of the Treasury to mint and issue five-dollar gold coins and one-dollar silver coins emblematic of the Library of Congress. Authorizes the Secretary to mint and issue $10 bimetallic coins of gold and platinum in lieu of the gold coins. Requires payment of coin sale surcharges to the Library of Congress Trust Fund Board to support Library activities.
United States · United States Congress · 17 September 1998
Declares that it is the sense of the Senate: (1) supporting and recognizing the right of U.S. citizens residing in Puerto Rico to express democratically their views regarding their future political status through a referendum or other public forum, and to communicate those views to the President and Congress; and (2) urging the Federal Government to review any such communication.
United States · United States Congress · 16 September 1998
TABLE OF CONTENTS: Title I: Combating Violence in Schools and Punishing Juvenile Crime Subtitle A: Assistance to Schools Subtitle B: Federal Prosecution of Serious and Violent Juvenile Offenders Subtitle C: Assistance to States for Prosecuting and Punishing Juvenile Offenders, and Reducing Juvenile Crime Subtitle D: Protecting Children From Gun Violence Title II: Combating Gang Violence Subtitle A: Enhanced Penalties for Gang-Related Activities Subtitle B: Targeting Gang-Related Gun Offenses Subtitle C: Using and Protecting Witnesses to Help Prosecute Gangs and Other Violent Criminals Subtitle D: Gang Paraphernalia Subtitle E: Grants to Target Gang Crime and Violent Juveniles Title III: Combating Violence on the Streets Subtitle A: More Police Officers on the Beat Subtitle B: Violent Offender Incarceration and Truth- in-Sentencing Grants Subtitle C: Domestic Violence Subtitle D: Assistance to Local Law Enforcement Subtitle E: Protecting Federal, State, and Local Law Enforcement Officers and the Judiciary Subtitle F: Extension of Violent Crime Reduction Trust Fund Subtitle G: Punishing Hate Crimes and Protecting Civil Rights Subtitle H: Deterring Cargo Theft Subtitle I: Improvements to Federal Criminal Law Title IV: Preventing Juvenile Crime Subtitle A: Grants to Youth Organizations Subtitle B: "Say No to Drugs" Community Centers Act of 1997 Subtitle C: Missing and Exploited Children Subtitle D: Reauthorization of Incentive Grants for Local Delinquency Prevention Programs Subtitle E: Reauthorization of the Runaway and Homeless Youth Act Subtitle F: Authorization of Anti-Drug Abuse Programs Subtitle G: Jump Ahead Act of 1998 Subtitle H: Truancy Prevention Subtitle I: Juvenile Crime Control and Delinquency Prevention Act Title V: Drug Testing and Intervention Subtitle A: Combating Drugs in Prisons Subtitle B: Protecting Children From Dangerous Drugs Subtitle C: Drug Courts Subtitle D: Development of Medicines for the Treatment of Drug Addiction Subtitle E: National Drug Control Policy Subtitle F: Improving Effectiveness of Youth Crime and Drug Prevention Efforts Title VI: Criminal History Records Subtitle A: National Criminal History Access Subtitle B: State Grant Program for Criminal Justice Identification, Information, and Communication Title VII: Enhancement of Rights and Protections for Victims of Crime Subtitle A: Crime Victims Assistance Subtitle B: Crime Victims With Disabilities Awareness Act Subtitle C: Victims of Juvenile Crimes Title VIII: Combating Money Laundering Title IX: Combating International Crime Subtitle A: Investigating and Punishing Violent Crimes Against United States Nationals Abroad Subtitle B: Denying Safe Havens to International Criminals Subtitle C: Seizing and Forfeiting the Assets of International Criminals Subtitle D: Responding to Emerging International Crime Threats Subtitle E: Promoting Global Cooperation in the Fight Against International Crime Subtitle F: Streamlining the Investigation and Prosecution of International Crimes in United States Courts Title X: Strengthening the Air, Land, and Sea Borders of the United States Subtitle A: Violence Committed Along United States Borders Subtitle B: Strengthening Maritime Law Enforcement Along United States Borders Subtitle C: Smuggling of Contraband and Other Illegal Products Subtitle D: Strengthening Immigration Laws to Exclude International Criminals From the United States Subtitle E: Alien Smuggling Subtitle F: Trafficking in Chemicals Used to Produce Drugs Subtitle G: Arms Trafficking Safe Schools, Safe Streets, and Secure Borders Act of 1998 - Title I: Combating Violence in Schools and Punishing Juvenile Crime - Subtitle A: Assistance to Schools - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Safe Streets Act) to authorize the use of grants under the public safety and community policing program 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. (Sec. 1002) Directs the Attorney General, the Secretary of Education (Secretary), and the Secretary of Energy to enter into an agreement for the establishment at the Sandia National Laboratories in partnership with the National Law Enforcement and Corrections Technology Center--Southeast of a School Security Technology Center. Authorizes appropriations. (Sec. 1003) Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary to award grants on a competitive basis to local educational agencies to enable such agencies to acquire security technology, or carry out activities related to improving security at the middle and high schools served by the agencies, including obtaining school security assessments, and technical assistance for the development of a comprehensive school security plan from the School Security Technology Center. Directs the Secretary to give priority to agencies showing the highest security needs. Authorizes appropriations. (Sec. 1004) Directs the Attorney General to develop and submit to the Congress a proposal to further improve school security. Subtitle B: Federal Prosecution of Serious and Violent Juvenile Offenders - Part 1: Reform of Federal Juvenile System - Revises Federal criminal code (code) provisions regarding delinquency proceedings and criminal prosecutions in district courts to authorize a juvenile alleged to have committed an act on or after the day the juvenile attains age 16 to be prosecuted as an adult if specified conditions are met, such as if: (1) the juvenile has requested in writing upon advice of counsel to be prosecuted as an adult; and (2) the act, if committed by an adult, would be a felony crime of violence or a specified serious drug or other offense. Requires the approval of the Attorney General or the Attorney General's designee to prosecute a juvenile between the ages of 13 and 16. (Under current law, the decision to charge a juvenile as an adult for specified crimes is a result of a motion by the United States to transfer the juvenile for criminal prosecution, and the offenses subject to this transfer authority are limited.) Makes a determination regarding approval or institution of prosecution under this title non-reviewable in court, with exceptions. Allows a juvenile to be prosecuted and convicted as an adult for any other offense which is properly joined under the Federal Rules of Criminal Procedure, and convicted of a lesser included offense. (Sec. 1211) Limits the applicability of statutory minimum sentences in certain prosecutions of persons under age 16. (Sec. 1213) Requires: (1) an arresting officer to promptly take reasonable steps to notify the parents, guardian, or custodian of a juvenile taken into custody (current law requires immediate notification of such parties and the Attorney General); and (2) the juvenile to be taken before a judicial officer without unreasonable delay (current law prohibits a juvenile from being detained for longer than a reasonable period before being brought before a magistrate). (Sec. 1215) Requires juvenile delinquency proceedings for a juvenile in detention to begin within 45 (currently, 30) days after the beginning of such detention. Directs the court, in determining whether an information should be dismissed with or without prejudice, to consider the seriousness of the offense, the facts and circumstances of the case that led to the dismissal, and the impact of a reprosecution on the administration of justice. (Sec. 1216) Modifies sentencing options under the code to make available increased detention, fines, and supervised release for adjudicated delinquents. Makes mandatory restitution applicable to adjudicated delinquents. Increases, for an adjudicated delinquent, the maximum period of: (1) probation to the same period applicable to an adult; and (2) official detention to the lesser of the maximum term of imprisonment authorized if the juvenile had been tried and convicted as an adult, ten years, or the date on which the juvenile attains age 26. Authorizes the court, pursuant to guidelines promulgated by the United States Sentencing Commission, to treat the conviction as adult of juveniles aged 13, 14, and 15 as an adjudication of delinquency. Directs the Commission to promulgate such guidelines within one year of this Act's enactment. (Sec. 1217) Modifies code provisions regarding the use of juvenile records to direct that the court records of the original proceeding be safeguarded from unauthorized disclosure. Allows release of such records as necessary to meet inquiries from the official representative of the victim of such juvenile delinquency in appropriate cases, and in other specified circumstances, to: (1) apprise such victim or representative of the status or disposition of the proceeding; (2) effectuate any other legal provision; or (3) assist in a victim's, or the victim's official representative's, allocution at disposition. Directs that, if a juvenile has been adjudicated delinquent for an act that, if committed by an adult, would be a felony or for a violation of the prohibition under the Brady Handgun Violence Prevention Act against selling, delivering, or otherwise transferring a handgun or ammunition suitable for use only in a handgun to a person known or reasonably believed to be a juvenile: (1) the juvenile shall be fingerprinted and photographed, and the fingerprints and photograph sent to the Federal Bureau of Investigation (FBI); (2) the court shall transmit to the FBI the information concerning the adjudication; and (3) access to the fingerprints, photograph, and other records and information relating to the juvenile shall be restricted. Part 2: Incarceration of Juveniles in the Federal System - Amends code provisions regarding juvenile detention to require that juveniles being prosecuted as adults be detained prior to sentencing: (1) in such suitable place as the Attorney General may designate, with preference given to a place located within, or a reasonable distance of, the district in which the juvenile is being prosecuted, if the juvenile is 16 years of age or older; and (2) in such an available, suitable juvenile facility, in any other such facility, or if no such facility is available, in any other suitable place as the Attorney General may designate if the juvenile is under age 16. Directs that, to the extent practicable, violent juveniles be kept separate from nonviolent juveniles. Expands current protections for juveniles detained prior to disposition to cover detention prior to disposition or sentencing, and to provide for reasonable safety and security. (Sec. 1221) Amends code provisions regarding commitment to: (1) prohibit the Attorney General from causing any person under age 18 adjudicated delinquent, or under age 16 convicted of an offense, to be placed or retained in an adult jail or correctional facility in which the person has prohibited physical contact or sustained oral communication with adults incarcerated because they have been convicted of a crime or are awaiting trial on criminal charges; and (2) provide for reasonable safety and security for every juvenile adjudicated delinquent. Subtitle C: Assistance to States for Prosecuting and Punishing Juvenile Offenders, and Reducing Juvenile Crime - Authorizes the Attorney General to make grants to States, local governments, or any combination thereof, to assist them in planning, establishing, and operating secure facilities, staff-secure facilities, detention centers, and other correctional programs for violent juvenile offenders, to be used: (1) for collocated facilities for adult prisoners and violent juvenile offenders; and (2) only for the construction or operation of facilities in which violent juvenile offenders are substantially segregated from nonviolent juvenile offenders. Sets forth provisions regarding application requirements, minimum allocations, performance evaluation, technical assistance, juvenile facilities on tribal lands, and a report on the possible use of performance-based criteria in evaluating and improving the effectiveness of juvenile corrections facilities and programs. (Sec. 1301) Authorizes the Attorney General to make grants to States, State and local courts, local governments, and Indian tribes, for the purposes of: (1) providing juvenile courts with a range of sentencing options such that first time juvenile offenders face at least some level of punishment as a result of their initial contact with the juvenile justice system; and (2) increasing the sentencing options available to juvenile court judges so that juvenile offenders receive increasingly severe sanctions as the seriousness of their unlawful conduct increases and for each additional offense. Sets forth provisions regarding application requirements, considerations in awarding grants, allocation of grant funds, use of grant amounts, grant limitations, the Federal share, and reporting and evaluation requirements. Authorizes appropriations from the Violent Crime Reduction Trust Fund (Fund). (Sec. 1302) Directs the Attorney General to establish a pilot program to encourage and support communities who adopt a comprehensive approach to suppressing and preventing violent juvenile crime patterned after successful State juvenile crime reduction strategies. Authorizes appropriations. (Sec. 1303) Amends: (1) the Immigration Reform and Control Act of 1986 to provide for the reimbursement of States for the costs of incarcerating juvenile alien offenders; and (2) the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to require that the annual report on criminal aliens include details of the number of illegal juvenile aliens that are committed to State or local juvenile correctional facilities, including the type of offense committed by each juvenile. Subtitle D: Protecting Children From Violence - Part 1: Gun Offenses - Amends the Brady Act to: (1) define the term "act of juvenile delinquency" to mean an adjudication of delinquency based on a finding of the commission of an act by a person prior to his or her eighteenth birthday that, if committed by an adult, would be a serious drug offense or violent felony, on or after the date of this subtitle's enactment; and (2) cover adjudications of juvenile delinquency. (Sec. 1411) Requires an applicant for a license to deal in firearms to certify that secure gun storage or safety devices will be available at any place in which firearms are sold under the license to persons who are not licensees, with an exception. Provides for the revocation of a dealer's license for failure to have available secure gun storage or safety devices. (Sec. 1412) Enhances penalties for discharging or possessing a firearm during a crime of violence or drug trafficking crime, with exceptions. (Sec. 1413) Increases penalties for selling, delivering, or otherwise transferring a handgun or ammunition suitable for use only in a handgun to a person known or reasonably believed to be a juvenile. Subjects a person (currently, a person other than a juvenile) who knowingly violates such prohibition to such penalties. (Sec. 1414) Makes serious juvenile drug offenses predicates to violations of the Armed Career Criminal statute. (Sec. 1415) Increases penalties for: (1) transferring a firearm to a minor for use in a crime of violence or drug trafficking crime; and (2) firearms conspiracy. Part 2: Local Gun Violence Prevention Programs - Authorizes the Secretary or the State educational agency to award grants to eligible local educational agencies for the purposes of educating children about preventing gun violence. Sets forth provisions regarding State and local application requirements, including assurances that 90 percent of allotted funds be distributed to local educational agencies, priorities in grant awards, peer review of grant applications, eligible grant recipients, eligible grant recipients, reporting requirements, and authorized activities. Authorizes appropriations. (Sec. 1422) Directs the Secretary to: (1) include on the Internet site of the Department of Education a description of programs that receive grants; and (2) publicize the competitive grant program through its Internet site, publications, and public service announcements. (Sec. 1423) Amends the Safe and Drug-Free Schools and Communities Act of 1994 to include within a comprehensive drug and violence prevention program carried out by a local educational agency: (1) timely counseling; (2) evaluations of any student who possesses a weapon, or who threatens to bring or use a weapon, on school grounds; and (3) advice to public school students, staff, and administrators after an incident of violence on school grounds. (Sec. 1424) Directs the Secretary of the Treasury to: (1) expand the number of cities and counties directly participating in the Youth Crime Gun Interdiction Initiative (YCGII) to 75 by October 1, 2000, 150 by October 1, 2002, and 250 by October 1, 2003; (2) facilitate the identification and prosecution of individuals illegally trafficking firearms to prohibited individuals, utilizing information provided by YCGII, and award grants to States, cities, and counties to assist in the tracing of firearms and participation in YCGII. (Sec. 1425) Amends the Safe Streets Act to require the Director of the Bureau of Justice Assistance, in awarding discretionary grants to public agencies to undertake law enforcement gang-related initiatives, to give priority to a public agency that includes in its application a description of strategies or programs of that agency providing cooperation between Federal, State, and local law enforcement authorities, through the use of firearms and ballistics identification systems, to disrupt illegal sale or transfer of firearms to or between juveniles through tracing the sources of guns used in crime that were provided to juveniles. Part 3: Juvenile Gun Courts - Authorizes the Attorney General to provide grants to States, State and local courts, local governments, and Indian tribes for court-based juvenile justice programs that target juvenile firearm offenders through the establishment of juvenile gun courts. Requires each applicant to submit a comprehensive implementation plan. Provides for grant award uses and limitations, with a Federal share limit of 90 percent of total program costs. Sets forth reporting and evaluation requirements. Authorizes appropriations. Part 4: Youth Violence Courts - Amends the Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA) to authorize the Attorney General to award grants and enter into cooperative agreements with States, State, local, and tribal courts, local governments, and Indian tribes to plan, develop, implement, and administer programs to adjudicate and better manage juvenile and youthful violent offenders within State, tribal, and local court systems. Sets forth provisions regarding application requirements, the Federal share, geographic distribution, and training and technical assistance. Title II: Combating Gang Violence - Subtitle A: Enhanced Penalties for Gang-Related Activities - Amends the code to: (1) set forth criminal penalties for anyone who travels in interstate or foreign commerce to recruit, solicit, induce, command, or cause to create, or attempt to create, a franchise of a criminal street gang; and (2) direct the Commission to amend the Federal sentencing guidelines to provide an appropriate enhancement for the use of minors in a criminal street gang and the recruitment of minors in furtherance of the creation of a criminal street gang franchise. (Sec. 2102) Includes franchising a criminal street gang as a "racketeering activity" for purposes of the Racketeer Influenced and Corrupt Organizations Act (RICO). (Sec. 2103) Directs the Commission to provide an appropriate enhancement with respect to any: (1) offense committed in connection with, or in furtherance of the activities of, a criminal street gang if the defendant is a member of the gang at the time of the offense; and (2) defendant who discharges a firearm during or in relation to any crime of violence or drug trafficking crime. (Sec. 2105) Sets penalties for arson or bombings at facilities of any institution or organization receiving Federal financial assistance. (Sec. 2106) Eliminates any statute of limitations with respect to any offense punishable by death or for a Class A felony involving murder. (Sec. 2107) Extends to ten years after the commission of the offense the statute of limitations with respect to a Class A felony that is a crime of violence or a drug trafficking crime. (Sec. 2108) Increases penalties under RICO for gang and violent crimes. Increases the penalty and broadens the scope of the statute against violent crimes in aid of racketeering. (Sec. 2110) Removes from the carjacking prohibition the requirement of intent to cause death or serious bodily harm. Amends RICO to provide that it is not necessary to establish that the defendant personally committed an act of racketeering activity to be guilty of conspiracy to violate the Act. (Sec. 2112) Provides for civil and criminal forfeiture for crimes of violence, racketeering, and obstruction of justice. (Sec. 2113) Expands the definition of "racketeering activity" under RICO to cover acts or threats occurring solely in Indian country. (Sec. 2114) Authorizes the Attorney General and the FBI to investigate serial killings in violation of the laws of a State or political subdivision, when requested by the head of a law enforcement agency with investigative or prosecutive jurisdiction over the offense. (Sec. 2115) Increases penalties for violence in the course of riot offenses. (Sec. 2116) Defines "prison" to include privately owned facilities housing Federal prisoners or prisoners who are serving a term of imprisonment under a commitment order from a State other than that in which the penal facility is located. Subtitle B: Targeting Gang-Related Gun Offenses - Amends the Brady Act to prohibit and set penalties for transferring a firearm having reasonable cause to believe that such firearm will be used to commit a crime of violence or drug trafficking crime. (Sec. 2201) Increases the penalty for knowingly receiving a firearm with an obliterated serial number. (Sec. 2202) Directs the Commission to amend the sentencing guidelines to increase the base offense level for certain offenses regarding transfers of firearms to prohibited persons. (Sec. 2203) Amends the code to provide for the forfeiture of firearms used to commit or facilitate the commission of any crime of violence or Federal felony. Sets forth provisions regarding disposal of forfeited property, the Secretary of the Treasury's authority to seize such property, and a 120-day rule for administrative forfeiture. Subtitle C: Using and Protecting Witnesses To Help Prosecute Gangs and Other Violent Criminals - Amends the code to prohibit, and set penalties for, traveling in interstate or foreign commerce with intent to engage in witness intimidation or obstruction of justice. (Sec. 2301) Includes within the definition of: (1) "convicted" a finding that a person has committed an act of juvenile delinquency; and (2) "crime of violence" offenses relating to the possession of explosives or firearms by convicted felons. Directs the judicial officer, in determining whether conditions of release will reasonably assure the appearance of the person as required and the safety of any other person and the community, to take into account available information including whether the person was a member of or participated in a criminal street gang or racketeering enterprise. (Sec. 2302) Subjects those who conspire to commit obstruction of justice offenses involving victims, witnesses, and informants to the same penalties as those prescribed for the offense the commission of which was the object of the conspiracy. (Sec. 2303) Specifies that a code provision regarding bribery of public officials and witnesses (giving or offering anything of value to testify) shall not be construed to apply to an officer or employee of the United States, a State or local government, or any agency thereof, acting in accordance with official duties to investigate or prosecute any criminal or civil law violation, nor shall it be construed to apply to a potential witness who demands, seeks, receives, accepts, or agrees to accept anything of value that may be given, offered, or promised consistent with such provision. (Sec. 2304) Amends the code and Rule 35 of the Federal Rules of Criminal Procedure to allow a reduction of sentence for providing substantial assistance in the investigation of any offense. (Sec. 2305) Prohibits, and sets penalties for, using physical force or the threat of physical force, or attempts to do so, with intent to withhold testimony, evade legal process, or hinder the communication to a law enforcement officer or judge of information relating to the commission or possible commission of a Federal offense or of conditions of probation, parole, or release pending judicial proceedings. (Sec. 2306) Expands the Federal kidnapping offense to cover circumstances where the victim's death occurs before crossing a State line and where the mail or a facility in interstate or foreign commerce is used in furtherance of the offense. (Sec. 2307) Prohibits, and sets penalties for, travel in interstate or foreign commerce to commit any felony crime of violence. (Sec. 2308) Amends Federal law regarding certain interstate communications (regarding kidnapping and extortion), mailing threatening communications (from within and outside of the United States) to specify that such law covers threats to kill. (Sec. 2309) Amends a code provision regarding obstruction of criminal investigations to define the term "subpoena for records" to mean a Federal grand jury subpoena or a Department of Justice (DOJ) subpoena for customer records that have been served relating to a violation of, or a conspiracy to violate, the Controlled Substances Act (CSA), the Controlled Substances Import and Export Act, provisions of the Internal Revenue Code regarding returns relating to cash received in trade or business (including cash receipts of more than $10,000), and provisions relating to a Federal health care offense. (Sec. 2310) Eliminates the proof of value requirement for felony theft or conversion of grand jury material. Subtitle D: Gang Paraphernalia - Directs a provider of a paging or electronic communication service, upon the request of an attorney for the Government or an officer of a law enforcement agency authorized to use a clone pager, to furnish such investigative or law enforcement officer all information, facilities, and technical assistance necessary to accomplish the use of the pager unobtrusively and with a minimum of interference with the services that the person so ordered by the court provides to the subscriber, if such assistance is directed by a court order. Sets forth requirements regarding applications for orders for the use of a clone pager and issuance of such orders. (Sec. 2401) Directs the Commission to amend the sentencing guidelines to provide an appropriate sentencing enhancement for any: (1) offense in which the defendant used body armor; and (2) serious violent felony or serious drug offense in which the defendant possessed a firearm equipped with a laser-sighting device, or possessed a firearm and possessed such a device (capable of being readily attached to the firearm). (Sec. 2403) Amends the code to require a provider of mobile electronic communication service to provide to a governmental entity information generated by and disclosing, on a real time basis, the physical location of a subscriber's equipment only if such entity obtains a court order issued upon a finding that there is probable cause to believe that an individual using or possessing the subscriber equipment is committing, has committed, or is about to commit a felony. (Sec. 2404) Revises provisions regarding issuance of an order for a pen register or a trap and trace device to authorize the court, upon application for such order, to enter an ex parte order: (1) authorizing the installation and use of a pen register or a trap and trace device within the jurisdiction of the court if the court finds, based on the certification by the attorney for the Government or the State law enforcement or investigative officer, that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation; and (2) directing that the use of the pen register or trap and trace device be conducted in such a way as to minimize the recording or decoding of any electronic or other impulses that are not related to the dialing and signaling information utilized in call processing. Subtitle E: Grants to Target Gang Crime and Violent Juveniles - Part 1: Grants to Prosecutors' Offices - Amends the VCCLEA to direct the Attorney General to include among uses of community-based justice grants for prosecutors: (1) the hiring of additional prosecutors; (2) funding to enable prosecutors to address drug, gang, and youth violence problems more effectively; (3) funding to assist prosecutors with funding for technology, equipment, and training to assist them in reducing the incidence of and increase the successful identification and speed of prosecution of young violent offenders; and (4) funding to assist prosecutors in their efforts to engage in community prosecution, problem solving, and conflict resolution techniques through collaborative efforts with police, school officials, probation officers, social service agencies, and community organizations. (Sec. 2511) Authorizes such grants to be made to combinations of State, Indian, and local prosecutors. (Sec. 2512) Authorizes appropriations. (Sec. 2513) Earmarks appropriated funds for: (1) training and technical assistance (two percent); and (2) research, statistics, and evaluation (ten percent). Part 2: High Intensity Interstate Gang Activity Areas - Authorizes the Attorney General: (1) to designate as a high intensity interstate gang activity area a specified area that is located within a State or in more than one State; and (2) in order to provide Federal assistance to a high intensity interstate gang activity area, to facilitate the establishment of a regional task force and to direct the detailing from a Federal department or agency of personnel to such area. Sets forth criteria for area designation. Authorizes appropriations. Title III: Combating Violence on the Streets - Subtitle A: More Police Officers on the Beat - Amends the Safe Streets Act to: (1) extend through FY 2002 the authorization of appropriations for public safety and community policing grants; and (2) limit to 20 percent of grant funds available in any fiscal year the amount authorized for grants for equipment, technology, and support systems. (Sec. 3102) Authorizes the Attorney General to make grants to States, local governmental units, Indian tribes, other public and private entities, and multijurisdictional or regional consortia to encourage the use of, and to implement, 311 nonemergency telecommunication systems for public safety. Authorizes appropriations from the Fund through FY 2002. Subtitle B: Violent Offender Incarceration and Truth-in-Sentencing Grants - Amends the VCCLEA to revise the formula allocation between States and U.S. territories and possessions for technical assistance and training to entities receiving grants under such grant program through FY 2002. Subtitle C: Domestic Violence - Extends through FY 2002: (1) grants to combat violent crimes against women; (2) education and prevention grants to reduce sexual assaults against women; (3) the grant for a national domestic violence hotline; (4) grants for battered women's shelters; and (5) programs for victims of child abuse. (Sec. 3301) Amends the Safe Streets Act to redefine "rural State" for purposes of rural domestic and child abuse enforcement assistance to include a State that has a population density of more than 60 persons per square mile. (Sec. 3302) Amends the interstate domestic violence statute to cover attempts to commit interstate domestic violence and intimidation. (Sec. 3304) Punishes interstate travel with intent to kill a spouse. Subtitle D: Assistance to Local Law Enforcement - Amends the Safe Streets Act and the VCCLEA to extend through FY 2002 the funding for: (1) law enforcement family support; (2) rural drug enforcement and training; (3) DNA identification grants; (4) Byrne grants (law enforcement training and education); (5) technical automation grants; and (6) grants for State court prosecutors. Requires no less than 20 percent of the funds made available during FY 2001 and 2002 for the latter grant program to be used to provide increased resources to State juvenile courts, including its prosecutors, public defenders, and other juvenile court system participants. Subtitle E: Protecting Federal, State, and Local Law Enforcement Officers and the Judiciary - Amends the code to expand coverage of a provision regarding the protection of U.S. officers and employees to cover killings or attempted killings of: (1) U.S. officers and employees because of the status of the victim as such an officer or employee; and (2) persons assisting who are officers or employees of a State or local government, because of the status of the victim as such an officer or employee. (Sec. 3501) Increases terms of imprisonment for: (1) assaulting, resisting, or impeding certain officers or employees; and (2) influencing, impeding, or retaliating against a Federal official by threatening a family member. (Sec. 3503) Sets penalties for mailing threatening communications to a U.S. judge, a Federal law enforcement officer, and specified officers and employees. (Sec. 3504) Directs the Commission to review and amend the Federal sentencing guidelines and the Commissions policy state, if appropriate, to provide an appropriate sentencing enhancement for offenses involving influencing, assaulting, resisting, impeding, retaliating against, or threatening a Federal judge, magistrate judge, or other specified officials. (Sec. 3505) Extends the Bulletproof Vest Partnership Grant Act of 1998 through FY 2003. (Sec. 3506) Expands the scope of code provisions regarding the killing of persons aiding Federal investigations or State correctional officers to cover specified persons killed in furtherance of State and joint Federal-State criminal investigations. (Sec. 3507) Includes within such a provision for a mandatory minimum of 20 years imprisonment, life imprisonment, or death, a circumstance where the incarcerated person is incarcerated pending an initial appearance, arraignment, trial, or appeal for an offense against the United States. (Sec. 3508) Federal Law Enforcement Officers' Good Samaritan Act of 1998 - Provides that a law enforcement officer shall be construed to be acting within the scope of his or her office or employment if the officer takes reasonable action, including the use of force, that is determined by such officer to be necessary to: (1) protect an individual in the officer's presence from a crime of violence; (2) provide immediate assistance to an individual who has suffered or who is threatened with bodily injury; or (3) prevent the escape of any individual whom the officer reasonably believes to have committed, in his or her presence, a crime of violence. (Sec. 3509) Amends the code to provide that testimony by Secret Service or former Secret Service personnel regarding information affecting a protectee (defined to include the President, Vice President, President-elect, Vice President-elect, and certain visiting heads of foreign states) that was acquired during the performance of a protective function in physical proximity to the protectee shall not be disclosed in any proceeding, with exceptions. Subtitle F: Extension of Violent Crime Reduction Trust Fund - Amends the VCCLEA to reauthorize appropriations through FY 2002 for the Fund and to provide for a reduction in discretionary spending limits for FY 2001-2002. Subtitle G: Punishing Hate Crimes and Protecting Civil Rights - Hate Crimes Prevention Act of 1998 - Amends the code to set penalties for persons who, whether or not acting under color of law, willfully cause bodily injury to any person or, through the use of fire, firearm, or explosive device, attempt to cause such injury, because of the actual or perceived: (1) race, color, religion, or national origin of any person; and (2) religion, gender, sexual orientation, or disability of any person, where in connection with the offense, the defendant or the victim travels in interstate or foreign commerce, uses a facility or instrumentality of interstate or foreign commerce, or engages in any activity affecting interstate or foreign commerce, or where the offense is in or affects interstate or foreign commerce. Directs the Commission to study the issue of adult recruitment of juveniles to commit hate crimes and, if appropriate, amend the Federal sentencing guidelines to provide sentencing enhancements for adult defendants who recruit juveniles to assist in the commission of hate crimes. Requires the Administrator of the Office of Juvenile Justice and Delinquency Prevention of DOJ to make grants to State and local programs designed to combat hate crimes committed by juveniles. Authorizes appropriations. Authorizes appropriations to the Department of the Treasury and to DOJ to increase the number of personnel to prevent and respond to alleged violations of provisions regarding interference with specified federally protected activities, such as voting. (Sec. 3701) Amends the code to punish attempted deprivations of civil rights under color of law. (Sec. 3702) Amends the Hate Crimes Statistics Act to direct the Attorney General, beginning for calendar year 1998, to include data regarding the age of offenders. (Sec. 3703) Amends the VCCLEA to direct the Commission to promulgate, or amend existing, guidelines to provide sentencing enhancements of not less than three offense levels for offenses that the court at sentencing (currently, the finder of fact at trial) determines beyond a reasonable doubt are hate crimes. Subtitle H: Deterring Cargo Theft - Amends the code regarding thefts pertaining to interstate or foreign shipments by carrier to include thefts of trailers and air cargo containers and thefts from freight consolidation facilities. Increases the maximum penalty from one year to three years imprisonment. Specifies that goods and chattel shall be construed to be moving as an interstate or foreign shipment at all points between the point of origin and the final destination. Makes it an affirmative defense that the defendant bought, received, or possessed the goods at issue with the sole intent to report the matter to an appropriate law enforcement officer or to the owner. Directs: (1) the Commission to amend the Federal sentencing guidelines to promulgate amendments and to provide an appropriate enhancement; and (2) the Attorney General to annually submit to the Congress a report including an evaluation of law enforcement activities relating to the investigation and prosecution of such offenses. Establishes the Advisory Committee on Cargo Theft to study, and develop recommendations regarding, the establishment of: (1) a national computer database for the collection and dissemination of information relating to violations of cargo theft provisions; and (2) an office within the Federal Government to promote, and to increase coordination between the Government and the private sector regarding, cargo security. Authorizes appropriations. (Sec. 3803) Amends the code to add attempts to various theft and embezzlement-related prohibitions. (Sec. 3805) Expands a provision regarding breaking into a post office (including attempts) to include breaking into any post office box or postal stamp vending machine. (Sec. 3806) Makes provisions regarding transportation, and sale or receipt, of stolen vehicles applicable to vessels. Subtitle I: Improvements to Federal Criminal Law - Part 1: Sentencing Improvements - Amends the Federal judicial code to direct the Commission to promulgate and distribute to the courts sentencing guidelines and policy statements that are consistent with all pertinent provisions of any Federal statute. (Sec. 3911) Doubles the maximum penalty for voluntary manslaughter. (Sec. 3912) Authorizes imposition of both a fine and imprisonment rather than only either penalty for contempt and for destruction of letter boxes or mail. (Sec. 3913) Adds a supervised release violation as a predicate for specified offenses. (Sec. 3914) Authorizes the court to impose a sentence of probation or supervised release when reducing a sentence of imprisonment in certain cases where it finds extraordinary and compelling reasons warrant a reduction or the defendant is at least age 70, has served at least 30 years imprisonment, and meets other specified criteria. (Sec. 3915) Doubles the penalty for attempting or conspiring to commit murder or kidnapping in aid of racketeering activity. Part 2: Additional Improvements to Federal Criminal Law - Prohibits, and sets penalties for, false advertising or misuse of name to indicate the United States Marshals Service. (Sec. 3921) Includes among offenses committed within Indian country a felony involving willful and malicious destruction of, or attempts to destroy, buildings or property within the special maritime and territorial jurisdiction of the United States. (Sec. 3922) Revises the Amber Hagerman Child Protection Act of 1996 to prohibit and set penalties for (currently, crossing a State line with intent to engage in a sexual act with a person under age 12), in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly engaging in a sexual act with another person who has attained age 12 but not age 16 and is at least four years younger than the person so engaging. (Sec. 3923) Eliminates the "with intent to do bodily harm" element in the assault with a dangerous weapon offense. (Sec. 3924) Provides that in a criminal case an appeal by the United States shall lie to a court of appeals from a decision, judgment, or order of a district court dismissing an indictment or information or granting a new trial after verdict or judgment as to any one or more counts (as under current law) or any part thereof, with a double jeopardy exception. (Sec. 3925) Authorizes injunctive relief against disposal of gains from violations of fraud statutes. (Sec. 3926) Expands the interstate travel fraud statute to cover interstate travel by the perpetrator. (Sec. 3928) Provides that if the value of property embezzled, stolen, or otherwise converted or misapplied in connection with a health care benefit program does not exceed $1,000 (currently, $100) the defendant shall be fined, imprisoned for up to one year, or both. (Sec. 3929) Expands jurisdiction over child buying and selling offenses. (Sec. 3930) Includes assault as a predicate offense under RICO. (Sec. 3931) Limits the application of wiretap order disclosure provisions to an aggrieved party. (Sec. 3932) Makes technical corrections to the code and the Economic Espionage Act of 1996. Changes fine amounts under various provisions of the code and CSA. Title IV: Preventing Juvenile Crime - Subtitle A: Grants to Youth Organizations - Authorizes the Attorney General to make grants to States, Indian tribes, and national or statewide nonprofit organizations in crime prone areas to: (1) provide constructive activities to youth during nonschool hours; (2) provide supervised activities in safe environments to youth in crime-prone areas; (3) provide antidrug education; (4) support police officer training, salaries, and educational materials to expand D.A.R.E. America's middle school campaign; or (5) provide constructive activities to youth in a safe environment through parks and other public recreation areas. (Sec. 4002) Sets forth provisions regarding: (1) application requirements by national organizations and States; (2) allocations and grant limitations; and (3) report and evaluation. (Sec. 4006) Authorizes appropriations. Subtitle B: "Say No to Drugs" Community Centers Act of 1998 - Say No to Drugs Community Centers Act of 1998 - Authorizes the Attorney General to make grants to certain approved recipients to provide the following services to youth during after-school hours or summer vacations: (1) rigorous drug prevention education; (2) drug counseling and treatment; (3) academic tutoring and mentoring; (4) activities promoting interaction between youth and law enforcement officials; (5) vaccinations and other preventive health care; (5) sexual abstinence education; and (7) other activities and instruction to reduce youth violence and substance abuse. Specifies the Federal and non-Federal share of costs, as well as grant allocation and reallocation requirements. (Sec. 4203) Authorizes appropriations. Subtitle C: Missing and Exploited Children - Amends the Missing Children's Assistance Act to direct that: (1) the national resource center and clearinghouse provide to foreign (currently, limited to State and local) governments information regarding programs and services to benefit or assist missing children and their families; and (2) the Administrator of the Office of Juvenile Justice and Delinquency Prevention periodically conduct national incidence studies (as under current law) either by making grants to or entering into contracts with public or nonprofit private agencies. Subtitle D: Reauthorization of Incentive Grants for Local Delinquency Prevention Programs - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 (JJDPA) to: (1) reauthorize appropriations through FY 2003 for incentive grants for local delinquency prevention programs; and (2) direct that, of amounts made available by appropriations for such programs, two percent be used for training and technical assistance, and ten percent for research, statistics, and evaluation. Subtitle E: Reauthorization of the Runaway and Homeless Youth Act - Reauthorizes appropriations for the Runaway and Homeless Youth Act through FY 2003. Subtitle F: Authorization of Anti-Drug Abuse Programs - Amends the Anti-Drug Abuse Act of 1988 to reauthorize appropriations through FY 2003 for drug education and prevention relating to youth gangs, and for runaway and homeless youth. Subtitle G: Jump Ahead Act of 1998 - JUMP Ahead Act of 1998 - Amends the JJDPA with respect to juvenile mentoring grants. Specifies goals for the grant program and limits the amount and duration of grants. Authorizes appropriations. (Sec. 4704) Authorizes the Administrator to make youth mentoring program implementation and evaluation grants to national organizations or agencies serving youth. Authorizes appropriations. (Sec. 4705) Directs the Attorney General to: (1) contract with an evaluating organization for an ongoing evaluation of the programs and activities assisted under this Act or under JJDPA; (2) establish minimum criteria for evaluating such programs and activities; and (3) annually designate a program or activity assisted under this Act as the Juvenile Mentoring Program of the Year. Requires: (1) each grant recipient under this Act or under JJDPA to report annually to the evaluating organization on any program or activity so assisted; and (2) a report to the Congress evaluating such grants. Subtitle H: Truancy Prevention - Truancy Prevention and Juvenile Crime Reduction Act of 1998 - Directs the Attorney General to make grants to eligible partnerships of local governmental units and local educational agencies to reduce truancy and the incidence of daytime juvenile crime. Sets forth provisions regarding maximum grant awards, allocation of such awards, and grant renewal. Authorizes the use of grant amounts to comprehensively address truancy through: (1) parental involvement in prevention activities; (2) sanctions; (3) parental accountability; (4) in-school truancy prevention programs; (5) involvement of local law enforcement, social services, judicial, business, and religious communities, and nonprofit organizations; (6) technology; or (7) elimination of 40-day count and other unintended incentives to allow students to be truant after a certain time of school year. Authorizes the Attorney General to give priority to funding programs that attempt to replicate specified model programs. Authorizes appropriations. Subtitle I: Juvenile Crime Control and Delinquency Prevention Act - Juvenile Crime Control and Delinquency Prevention Act of 1998 Amends the JJDPA to: (1) find that the juvenile crime problem should be addressed through a two-track approach by promoting quality prevention programs and programs that assist in holding juveniles accountable for their actions; (2) include as a purpose to support State and local programs that prevent juvenile involvement in delinquent behavior; and (3) define "violent crime" as murder or non-negligent manslaughter, forcible rape, or robbery, or aggravated assault committed with the use of a firearm. (Sec. 4905) Redesignates the Office of Juvenile Justice and Delinquency Prevention as the Office of Juvenile Crime Control and Delinquency Prevention. (Sec. 4906) Modifies provisions of the Act regarding concentration of Federal effort to repeal the requirements that the Administrator of the Office develop for each fiscal year a comprehensive plan of activities and that each Federal agency administering a Federal juvenile delinquency program submit annually a juvenile delinquency development statement. (Sec. 4907) Eliminates certain allocations of funds to the Trust Territory of the Pacific Islands. (Sec. 4908) Modifies Act requirements regarding State plans. Provides that the advisory group shall consist of the State attorney general or such other State official who has primary responsibility for overseeing the enforcement of State criminal laws. Requires State plans to: (1) contain plans for providing needed services for the prevention and treatment of juvenile delinquency in rural areas, mental health services to juveniles in the juvenile justice system, and gender-specific services for the prevention and treatment of juvenile delinquency; and (2) provide for the coordination and maximum utilization of existing juvenile delinquency programs, programs operated by private agencies, and other related programs in the State. Requires such plans to provide that not less than 75 percent of the funds available to the State be used for specified purposes, including: (1) programs that assist in holding juveniles accountable for their actions; (2) expanded use of probation officers; (3) boot camps for juvenile offenders; (4) other activities (such as court-appointed special advocates) that the State determines will hold juveniles accountable for their acts and decrease juvenile involvement in delinquent activities; (5) programs that utilize multidisciplinary interagency case management and information sharing that enable the juvenile justice and law enforcement agencies, schools, and social service agencies to make more informed decisions regarding early identification, control, supervision, and treatment of juveniles who repeatedly commit violent or serious delinquent acts; and (6) programs designed to prevent and reduce hate crimes committed by juveniles. Revises State plan requirements regarding limits on the placement of juveniles in secure detention or correctional facilities, juvenile contact with adults incarcerated or awaiting trial on criminal charges, and juvenile detention or confinement in adult jails and lockups. Modifies State plan requirements to allow juveniles to be housed in adult facilities for up to 48 (currently, 24) hours before their initial court appearance. (Sec. 4909) Revises the Juvenile Delinquency Prevention Block Grant Program by: (1) repealing provisions governing grants for the National Institute for Juvenile Justice and Delinquency Prevention, gang-free schools and communities, State challenge activities, treatment for juvenile offenders who are victims of child abuse or neglect, mentoring, boot camps, and the White House Conference on Juvenile Justice; and (2) authorizing the Administrator to make grants under the Juvenile Delinquency Block Grant Program to eligible States for the purpose of providing financial assistance to eligible entities to carry out projects designed to prevent juvenile delinquency. Includes among such projects: (1) projects that assist in holding juveniles accountable for their actions; (2) projects that provide treatment to juvenile offenders who are victims of child abuse or neglect; (3) education projects or supportive services for delinquent or other juveniles; (4) projects which expand the use of probation officers; (5) one-on-one mentoring projects; (6) community-based projects which work with juvenile offenders and their family members; (7) substance abuse programs; (8) postsecondary education and training projects; (9) projects designed to prevent or reduce gang participation; (10) employment and job training referral projects; (11) delinquency prevention activities; and (12) family strengthening activities. Directs that funding be allocated among eligible States so that .75 percent shall be allocated to each State, with the remainder allocated as follows: (1) 50 percent based on each State's relative population under 18 years of age; and (2) 50 percent based on each State's three year annual average number of arrests of juveniles for serious crimes. Prohibits the Administrator from approving a grant application for a fiscal year unless: (1) the State submitted a plan, which is approved by the Administrator, for such fiscal year; or (2) the Administrator waives this requirement to such State for such fiscal year after finding good cause. Includes among the eligible entities for which a State receiving a grant shall give special consideration for a local grant those entities that represent communities that have a comprehensive plan designed to identify at-risk juveniles and to prevent or reduce juvenile delinquency and that meet other specified requirements. (Sec. 4910) Authorizes the Administrator to undertake specified activities regarding research, evaluation, technical assistance, and training, including making agreements with: (1) the National Institute of Justice or another Federal agency to conduct research and evaluation relating to juvenile delinquency; and (2) the Bureau of Justice Statistics (BJS) or another Federal agency to undertake statistical work in juvenile justice matters. Permits Federal agencies to carry out such agreements directly or by making grants to or contracts with public and private agencies, institutions, and organizations. (Sec. 4911) Authorizes the Administrator to make grants to and contracts with States, local governmental units, Indian tribal governments, public and private agencies, organizations, and individuals to carry out projects for the development, testing, and demonstration of promising initiatives and programs for the prevention, control, or reduction of juvenile delinquency. Authorizes technical assistance for such grants. Sets forth provisions regarding eligibility and reports. (Sec. 4912) Authorizes appropriations for specified programs under such Act for FY 1998 through 2001. (Sec. 4914) Amends the Act to prohibit the use of funds for: (1) the cost of facility construction, except that up to 15 percent of funds from a State's allocation may be used for replacement or renovation of juvenile facilities; or (2) advocacy or support for the unsecured release of juveniles charged with violent crime. (Sec. 4917) Authorizes the Administrator to: (1) receive surplus Federal property and lease such property to States and units of local government for use in or as facilities for juveniles offenders, or for use in or as facilities for delinquency prevention and treatment activities; and (2) issue rules that establish procedures and methods for making grants and contracts, and distributing funds available, to carry out the Act. Title V: Drug Testing and Intervention - Subtitle A: Combating Drugs in Prisons - Combating Drugs in Prisons Act of 1998 - Amends the VCCLEA to require that States, by September 1, 1999, to be eligible for the use of funds under the violent offender incarceration and truth-in-sentencing incentive grant programs, have established and implemented a program of drug testing and intervention for appropriate categories of convicted offenders during periods of incarceration and criminal justice supervision, with sanctions for positive drug tests. (Sec. 5003) Amends the Safe Streets Act to authorize each State that demonstrates that it has established one or more residential substance abuse treatment programs that meet specified requirements to use residential substance abuse treatment grant funds for drug treatment and to impose appropriate sanctions for positive drug tests, both during incarceration and after release. Subtitle B: Protecting Children From Dangerous Drugs - Part 1: Targeting Serious Drug Crimes - Amends the CSA to increase penalties for: (1) using minors to distribute drugs; (2) distributing drugs to minors; (3) drug trafficking in or near a school or other protected location; and (4) using Federal property to grow or manufacture controlled substances. (Sec. 5106) Amends the CSA to require a specified period of supervised release after a conviction for engaging in a continuing criminal enterprise. Part 2: Comprehensive Drug Education - Amends the Elementary and Secondary Education Act to extend through FY 2002 the authorization of appropriations from the Fund for the safe and drug-free schools and communities program. Part 3: Drug Treatment for Juveniles - Amends the Public Health Service Act to require the Director of the Center for Substance Abuse Treatment (Center) to award grants to, or enter into cooperative agreements with, public and nonprofit private entities to provide treatment to juveniles for substance abuse through programs in which the juveniles reside in facilities made available under the programs. Requires the inclusion by grant recipients of an individualized plan for the provision of services to the juvenile or young adult. Includes as eligible supplemental services under such programs hospital referrals, HIV and AIDS counseling, domestic violence and sexual abuse counseling, and preparation for reentry into society. Requires the appropriate State agency or Indian tribe to certify that the applicant has the capacity to carry out the program and meets certain other requirements. Outlines provisions with respect to: (1) applicants who are also Medicaid providers; (2) the provision of treatment for mental diseases; (3) matching fund requirements; (4) program outreach and accessibility; (5) continuing education for individuals providing such services; (6) the imposition of appropriate charges for such services; (7) applicant reports to the Center Director; and (8) required equitable geographic allocation of grant awards. Limits to five years the period during which payments may be made to any entity under a program. Requires annual Director approval of program payments. Requires the Director to conduct program evaluations and disseminate findings. Requires an initial and periodic reports from the Director to specified congressional committees describing the programs carried out under this Part. Authorizes appropriations for FY 1998 through 2002, including an authorization of appropriations from the Fund for the last two fiscal years. Requires the Secretary of Health and Human Services to make grants to established projects for the outpatient treatment of substance abuse among juveniles. Requires entities receiving such grants to engage in activities to prevent such abuse. Requires such Secretary to evaluate the projects and disseminate evaluation results. Part 4: Rescheduling Dangerous Drugs - Directs the Attorney General to add ketamine hydrochloride to schedule III of the CSA. (Sec. 5113) Grants the Attorney General authority to temporarily reschedule a previously scheduled substance to avoid an imminent public safety hazard. Subtitle C: Drug Courts - Repeals provisions of the Omnibus Consolidated Rescissions and Appropriations Act of 1996, which repealed drug court provisions of the Safe Streets Act. Amends the Safe Streets Act, as amended by the Bulletproof Vest Partnership Grant Act of 1998, to extend through FY 2002 the authorization of appropriations for the drug courts program (a program providing continuing judicial supervision over non-violent offenders with substance abuse problems). Authorizes the Attorney General to make grants to States, State courts, local courts and governments, and Indian tribes to establish programs that: (1) involve continuous early judicial supervision over juvenile offenders, other than violent juvenile offenders, with substance abuse or related problems; and (2) integrate administration of other sanctions and services, including testing, treatment, and diversion, probation, or other forms of supervised release. Requires the Attorney General to issue regulations to ensure that such programs do not permit participation by violent offenders. Prohibits the Federal share of such programs from exceeding 75 percent of total program costs, with an authorized limit waiver by the Attorney General. Requires the Attorney General to ensure an equitable geographic distribution of grant awards, with a required specified allocation to Indian tribes. Requires annual reports to the Attorney General from grant recipients. Authorizes the Attorney General to provide technical assistance and training in furtherance of program goals and to carry out program evaluations. Provides for the reallocation of unawarded grant funds. Authorizes appropriations from the Fund through FY 2002. Subtitle D: Development of Medicines for the Treatment of Drug Addiction - Part 1: Pharmacotherapy Research - Amends the Public Health Service Act to authorize appropriations from the Fund for FY 2001 and 2002 for the medication development program (a program providing research into medicines used to treat drug addiction). Part 2: Patent Protections for Pharmacotherapies - Amends the Federal Food, Drug, and Cosmetic Act to: (1) authorize the sponsor of a drug for the treatment of an addiction to illegal drugs to request the Secretary of Agriculture for written recommendations for the investigation necessary for the approval or licensing of such drug; (2) authorize such a sponsor to request the Secretary to designate such drug as a drug for the treatment of addiction to illegal drugs; (3) provide exclusive approval or licensing of such drug as an unpatented drug for such purpose; and (4) provide open protocols for the clinical investigation of such drugs. Part 3: Encouraging Private Sector Development of Pharmacotherapies - Amends the Federal Food, Drug, and Cosmetic Act to require the Secretary to establish criteria for an acceptable drug for the treatment of an addiction to heroin and one for the treatment of an addiction to cocaine. Requires such criteria to be reviewed by specified congressional committees and published in the Federal Register. Authorizes the patent owner of a drug used for either such treatment to submit to the Secretary an application: (1) to contract to sell to the Secretary such patent rights; or (2) to enter into an exclusive licensing agreement with the Secretary for the manufacture and distribution of such drug. Provides for purchase amount limitations and the transfer of rights from the patent owner to the Secretary. Requires the Secretary, within 90 days after purchasing patent rights or entering into such an agreement, to develop a plan for the manufacture and distribution of such drug. Authorizes appropriations for FY 1998 through 2000. Subtitle E: National Drug Control Policy - Part 1: Reauthorization of Office of National Drug Control Policy - Establishes in the Executive Office of the President an Office of National Drug Control Policy, headed by a Director. Establishes in the Treasury a fund for the receipt of gifts to aid or facilitate the Office's work. (Sec. 5403) Sets forth provisions regarding the appointment and duties of the Director and Deputy Directors, and regarding coordination with National Drug Control Program agencies in demand and supply reduction, and State and local affairs. (Sec. 5405) Directs the President to submit to the Congress, by: (1) February 1, 1998, a National Drug Control Strategy, setting forth a comprehensive plan covering a period of up to ten years, for reducing drug abuse and its consequences in the United States by limiting the availability of, and reducing the demand for, illegal drugs; and (2) February 1, 1999, and February 1 of each year thereafter, a report of the progress in implementing the Strategy. Requires the Director to submit to the Congress, by: (1) February 1, 1998, a description of a national drug control performance measurement system; and (2) February 1, 1999, a modified performance measurement system. (Sec. 5406) Establishes within the Office: (1) the High Intensity Drug Trafficking Areas Program; and (2) the Counter-Drug Technology Assessment Center. (Sec. 5408) Establishes: (1) the President's Council on Counter-Narcotics; and (2) the Parents Advisory Council on Youth Drug Abuse. Authorizes appropriations for the latter. (Sec. 5410) Requires the Director to submit to the Congress and to each Federal drug control program agency a report on drug interdiction. (Sec. 5411) Expresses the sense of the Congress that the President should discuss with the democratically elected governments of the Western Hemisphere the prospect of forming a multilateral alliance to address problems relating to international drug trafficking in the Western Hemisphere. Directs the President to seek the in put of such governments on the possibility of forming structures within the alliance to: (1) develop a regional, multilateral strategy to address the threat posed to nations in the Western Hemisphere by drug trafficking; and (2) establish a new mechanism for improving multilateral coordination of drug interdiction and drug-related law enforcement activities in the Western Hemisphere. Requires the President to report to the Congress on the proposal discussed. (Sec. 5414) Authorizes appropriations. (Sec. 5415) Terminates the Office on September 30, 2002, with an exception. Part 2: State Initiatives - Requires the Director to conduct a study on the effect of the 1996 voter referenda in California and Arizona concerning the medicinal use of marijuana and other controlled substances, and to report to the Congress. Authorizes appropriations. Subtitle F: Improving Effectiveness of Youth Crime and Drug Prevention Efforts - Directs the Attorney General to enter into a contract with a public or nonprofit private entity to conduct a study or studies to: (1) evaluate the effectiveness of federally funded programs for preventing youth violence and substance abuse, and for preventing criminal victimization of juveniles; (2) identify specific Federal programs and programs that receive Federal funds that contribute to reductions in youth violence and substance abuse, and risk factors among youth that lead to such behavior and abuse, and specific programs that have not achieved their intended results; and (3) make recommendations. Directs the Attorney General to request the National Academy of Sciences to contract to conduct such study or studies. Sets forth reporting requirements. Authorizes appropriations. (Sec. 5502) Directs the Attorney General to provide for comprehensive and thorough evaluation of crime prevention programs. (Sec. 5503) Requires evaluations and research studies to be independent, and employ rigorous and scientifically recognized standards and methodologies. (Sec. 5504) Authorizes the Attorney General to require the recipients of Federal assistance to collect, maintain, and report information relevant to such evaluations, and to conduct and participate in specified evaluation and assessment activities. (Sec. 5505) Directs the Attorney General to reserve specified sums for evaluation and research. (Sec. 5506) Expresses the sense of the Senate that programs identified in the study as being ineffective should not received Federal funding. Title VI: Criminal History Records - Subtitle A: National Criminal History Access - National Crime Prevention and Privacy Compact Act of 1998 - Enacts into law, and grants congressional consent to States to enter into, the National Crime Prevention and Privacy Compact as set forth in this Act. (Sec. 6006) Directs: (1) all departments, agencies, officers, and employees of the United States to enforce the Compact and cooperate with one another and with all party States (i.e., States that have ratified the Compact) in enforcing the Compact and effectuating its purposes; and (2) the Attorney General to make such rules and take other necessary actions to carry out the Compact and this title. (Sec. 6007) Sets forth the Compact, which organizes an electronic information sharing system among the Federal Government and the States to exchange criminal history records for noncriminal justice purposes authorized by Federal or State law, such as background checks for governmental licensing and employment. Specifies that the FBI and the contracting parties agree to maintain detailed databases of their respective criminal history records and to make them available to the Federal Government and to party States for authorized purposes. Provides that the FBI shall manage the Federal data facilities that provide a significant part of the infrastructure for the system. Sets forth provisions regarding: (1) the purposes of the Compact; (2) the responsibilities of Compact parties; (3) compliance with Interstate Identification Index System (III System) standards (i.e., the cooperative Federal-State system for the exchange of criminal history records); and (4) maintenance of record services. Requires, to the extent authorized by the Privacy Act of 1974: (1) the FBI to provide upon request criminal history records (excluding sealed records) to State criminal history record repositories for noncriminal justice purposes allowed by Federal statute, Federal executive order, or a State statute that has been approved by the Attorney General and that authorizes national indices checks; and (2) the FBI and State criminal history record repositories to provide such records to criminal justice agencies and other governmental or nongovernmental agencies for noncriminal justice purposes allowed by Federal statute, Federal executive order, or a State statute that has been approved by the Attorney General, that authorizes such checks. Specifies that any record obtained under the Compact may be used only for the official purposes for which the record was requested. Directs that each Compact officer establish procedures to protect the accuracy and privacy of the records. Requires that: (1) subject fingerprints or other approved forms of positive identification be submitted with all requests for criminal history record checks for noncriminal justice purposes; and (2) each request for a criminal history record check utilizing the national indices made under any approved State statute be submitted through that State's criminal history record repository which shall process an interstate request for noncriminal justice purposes through the national indices only if such request is transmitted through another State criminal history record repository or the FBI. Sets forth provisions regarding procedures for the submission of Federal requests, fees, and additional searches. Establishes the Compact Council, which shall have the authority to promulgate rules and procedures governing the use of the III System for noncriminal justice purposes, not to conflict with FBI administration of the System for criminal justice purposes. Sets forth provisions regarding Compact ratification, renunciation, severability, and dispute adjudication. Subtitle B: State Grant Program for Criminal Justice Identification, Information, and Communication - Crime Identification Technology Act of 1998 - Directs the Attorney General, through the BJS, to make a grant to each State to be used in conjunction with local governments, State and local courts, and other States to establish or upgrade an integrated approach to develop information and identification technologies and systems to: (1) upgrade criminal history and criminal justice record systems; (2) improve criminal justice identification; (3) promote compatibility and integration of national, State, and local systems for criminal justice purposes, firearms eligibility determinations, identification of sexual offenders and domestic violence offenders, and background checks for other authorized purposes; and (4) capture information for statistical and research purposes to improve criminal justice administration. Sets forth permissible grant uses, such as for programs to establish, develop, update, or upgrade: (1) State centralized, automated, adult and juvenile criminal history record information systems; (2) automated fingerprint identification systems that are compatible with standards established by the National Institute of Standards and Technology and interoperable with the FBI's Integrated Automated Fingerprint Identification System; (3) ballistics identification and information programs that are compatible and integrated with the National Integrated Ballistics Network; and (4) DNA programs for forensic and identification purposes. Requires a State, to be eligible to receive such a grant, to provide assurances to the Attorney General that the State has the capability to contribute pertinent information to the national instant criminal background check system established under the Brady Act. Authorizes appropriations. Limits the percentage of funds that may be used for salaries and administrative expenses and for technical assistance, training and evaluations, and BJS-commissioned studies. Requires the Attorney General to ensure the amounts are distributed on an equitable geographic basis. Authorizes the Attorney General to use amounts made available under this Act to make grants to Indian tribes for use in accordance with the Act. Title VII: Enhancement of Rights and Protections for Victims of Crime - Subtitle A: Crime Victims Assistance - Part 1: Protection of Crime Victims' Rights - Subpart A: Amendments to Title 18, United States Code - Amends the code to require that, in any case involving a defendant who is arrested for an offense involving death or bodily injury to any person, a threat of death or bodily injury, or a sexual assault or attempted sexual assault (listed offenses) in which a detention hearing is scheduled: (1) the Government make a reasonable effort to notify the victim of the hearing and of the victim's right to be heard on the issue of detention; and (2) the court, at such hearing, inquire of the Government as to whether notification efforts were successful and whether the victim wishes to be heard and, if so, afford the victim such opportunity. (Sec. 7112) Includes among the factors which a judge shall consider in determining whether to grant a continuance the interests of the victim (or the family of a victim who is deceased or incapacitated) in the prompt and appropriate disposition of the case, free from unreasonable delay. (Sec. 7113) Requires the probation officer, prior to submitting the presentence report, to provide notice to all identified victims of their right to attend the sentencing hearing and to make a statement to the court at the sentencing hearing. (Sec. 7114) Amends the Victims' Rights and Restitution Act of 1990 to require, after trial, a responsible official to provide a victim the earliest possible notice of the escape, work release, furlough, or any other form of release of an offender from a psychiatric institution or other facility that provides mental health services to offenders. Subpart B: Amendments to Federal Rules of Criminal Procedure - Amends rule 11 of the Federal Rules of Criminal Procedure (FRCrP) to require that, in any case involving a defendant who is charged with a listed offense: (1) the Government, prior to a hearing at which a plea of guilty or nolo contendere is entered, make a reasonable effort to notify the victim of the date and time of the hearing and of the victim's right to attend the hearing and to address the court; and (2) if the victim attends, the court, before accepting a plea of guilty or nolo contendere, afford the victim an opportunity to be heard on the proposed plea agreement. Authorizes the court, in cases involving more than 15 victims and after consultation with the Government and the victims, to appoint a number of victims to serve as representatives of the victims' interests. (Sec. 7122) Amends FRCrP 32 and 32.1 to provide for enhanced rights of notification and allocution at sentencing and at a probation revocation hearing. Subpart C: Amendment to Federal Rules of Evidence - Amends rule 615 of the Federal Rules of Evidence (FRE) to provide that such rule does not authorize exclusion of a person who is a victim of a listed offense for which a defendant is being tried in a criminal trial unless the court concludes that: (1) the testimony of the person will be materially affected by hearing the testimony of other witnesses, and the material effect of hearing the testimony of other witnesses on the testimony of that person will result in unfair prejudice to any party; or (2) due to the large number of victims or family members of victims who may be called as witnesses, permitting attendance in the courtroom itself when testimony is being heard is not feasible. Directs the Judicial Conference of the United States to submit to the Congress reports containing recommendations for amending: (1) the FRCrP to provide enhanced opportunities for victims of listed offenses to be heard on the issue of whether or not the court should accept a plea of guilty or nolo contendere and to participate during the presentencing phase of the criminal process, and to ensure that reasonable efforts are made to notify victims of such offenses of revocation hearings; and (2) the FRE to provide enhanced opportunities for victims of listed offenses to attend judicial proceedings, even if they may testify as a witness at the proceeding. Sets forth provisions regarding congressional action on such reports. Subpart D: Exceptions - Makes the rights promulgated by subparts A, B, and C inapplicable to any case in which the court reasonably believes that: (1) the defendant has cooperated with the Government in other proceedings against the victim or persons acting in concert with the victim; or (2) available evidence raises a significant expectation of physical violence or other retaliation by the victim against the defendant. Subpart E: Remedies for Noncompliance - Specifies that any failure to comply with any amendment made by this Act shall not give rise to a claim for damages, or any other action against the United States, any employee of the United States, any court official or officer of the court, or an entity contracting with the United States, or any action seeking a rehearing or other reconsideration of action taken in connection with a defendant. Directs the Attorney General and the Chairman of the United States Parole Commission to promulgate regulations to carry out this title. Subpart F: Victims of Fraud - Directs the Attorney General to promulgate regulations to implement and enforce this part and the amendments made by this part with respect to natural persons against whom a defendant has been charged with committing fraud. Part 2: Assistance to Victims of Federal, State, and Local Crime - Authorizes appropriations to enable the Attorney General to: (1) hire 50 full-time or full-time equivalent employees to serve victim-witness advocates to provide assistance to victims of any criminal offense investigated by any department or agency of the Federal Government; and (2) provide grants through the Office of Victims of Crime (the Office) to qualified private entities to fund 50 victim-witness advocate positions within those organizations. (Sec. 7202) Authorizes the use of sums collected under the False Claims Act to be used by the Office to make grants to States, units of local government, and qualified private entities, to provide training and information to prosecutors, judges, law enforcement officers, probation officers, and other officers and employees of Federal and State courts to assist them in responding effectively to the needs of crime victims. (Sec. 7203) Amends the VCCLEA to authorize to the Office such sums as necessary for grants to State and local prosecutors' offices, State courts, county jails, State correctional institutions, and qualified private entities, to develop and implement state-of-the-art systems for notifying victims of crime of important dates and developments relating to the criminal proceedings at issue. Allows sums collected under the False Claims Act to be used for such grants. Authorizes the use of sums from the Violent Crime Reduction Trust Fund for such grants. (Sec. 7204) Directs the Attorney General, acting through the Director of the Office, to establish and carry out a program to provide for pilot programs to establish and operate Victim Ombudsman Information Centers in Massachusetts, South Dakota, Tennessee, Washington, and Wisconsin. (Sec. 7205) Amends the Victims of Crime Act of 1984 to: (1) provide for the deposit into the Crime Victims Fund of any gifts, bequests, and donations from private entities or individuals; (2) direct that certain unobligated balances transferred to the judicial branch for administrative costs be returned to the Fund and be used by the Director of the Office to improve services for crime victims in the Federal criminal justice system; (3) require States that receive supplemental funding to respond to incidents of terrorism or mass violence to return to the Fund for deposit in the reserve fund, amounts subrogated to the State as a result of third-party payments to victims; (4) increase the percentage of amounts awarded by the Director to an eligible crime victim compensation program; (5) require the Director to make grants for training and technical assistance that address the significance of and effective delivery strategies for providing long-term psychological care; and (6) make funds available to the Director for fellowships and clinical internships, and to carry out programs of training and special workshops for the presentation and dissemination of information resulting from demonstrations, surveys, and special projects. (Sec. 7206) Directs that a specified statute not be construed to prohibit a recipient from using funds derived from a source other than the Legal Services Corporation to provide related legal assistance to any person with whom an alien has a relationship covered by the domestic violence laws of the State in which the alien resides or in which an incidence of violence occurred. (Sec. 7207) Authorizes the use of funds collected under the False Claims Act by the Office to make grants to States, units of local government, and qualified private entities for the establishment of pilot programs that implement balanced and restorative justice models. Subtitle B: Crime Victims With Disabilities Awareness Act - Crime Victims With Disabilities Awareness Act - Directs the Attorney General to: (1) conduct a study to increase knowledge and information about crimes against individuals with developmental disabilities that will be useful in developing new strategies to reduce the incidence of such crimes; (2) consider contracting with the Committee on Law and Justice of the National Academy of Sciences' National Research Council to provide research for such study; (3) report study results to specified congressional committees; and (4) include, as part of each National Crime Victim's Survey, statistics relating to the nature of crimes against individuals with developmental disabilities and the specific characteristics of the victims of those crimes. Subtitle C: Victims of Juvenile Crimes - Directs the Attorney General to establish guidelines for States' programs receiving grants for the establishment of juvenile gun courts to require, as appropriate under applicable State or local laws or rules, that: (1) prior to disposition of adjudicated juvenile delinquents, victims (or in appropriate cases, their official representatives) be provided the opportunity to make a statement to the court in person or to present any information in relation to the disposition; (2) victims of the juvenile adjudicated delinquent be given notice of the disposition; and (3) restitution to victims may be ordered as part of the disposition of adjudicated juvenile delinquents. Title VIII: Combating Money Laundering - Money Laundering Enforcement Act of 1998 - Amends the code to provide for civil forfeiture for engaging in monetary transactions in property derived from specified unlawful activity and for conducting or certain other involvement in an illegal money transmitting business. Specifies that, regarding the prohibition of an illegal money transmitting business, it shall be sufficient for the Government to prove that the defendant knew that the business lacked a license required by State law, but it shall not be necessary to show that the defendant knew that the operation of such business without a license was an offense punishable as a felony or misdemeanor under State law. (Sec. 8003) Authorizes the Attorney General, if any person is arrested or charged in a foreign country in connection with an offense that would give rise to the forfeiture of property in the United States under the code or under the CSA, to apply to any Federal judge or magistrate judge in the district where the property is located for an ex parte order restraining the property subject to forfeiture for not more than 30 days, with extensions for good cause. (Sec. 8004) Directs that a claimant's refusal to provide financial records located in a foreign country in response to a discovery request or to take action necessary to make the records available in a civil forfeiture case, or in certain ancillary proceedings in a criminal forfeiture case under the CSA, shall result in the dismissal of the claim with prejudice if: (1) the financial records may be material to any claim or the ability of the Government to respond to such claim or, in a civil forfeiture case, to the Government's ability to establish the forfeitability of the property; and (2) it is within the claimant's capacity to waive his or her rights under such secrecy laws or to obtain the financial records himself or herself so that the records may be made available. (Sec. 8005) Grants the U.S. district courts jurisdiction over any foreign person, including any financial institution authorized under the laws of a foreign country, that commits an offense under civil money laundering provisions involving a financial transaction that occurs in the United States, subject to specified requirements. Authorizes the court to issue a pretrial restraining order or take any other action necessary to ensure that any bank account or other property held by the defendant in the United States is available to satisfy a judgment under such provisions. (Sec. 8006) Includes a foreign bank within the definition of "financial institution." (Sec. 8007) Expands the definition of "specified unlawful activity" to cover specified offenses, including, with respect to a financial transaction occurring in the United States, an offense against a foreign nation involving: (1) any act or acts constituting a crime of violence; (2) fraud committed against a foreign government; (3) bribery of a public official; (4) smuggling or export control violations involving munitions listed in the United States Munitions List or technologies with military applications; and (5) an offense under which the United States would be obligated by a multilateral treaty either to extradite the alleged offender or to submit the case for prosecution if the offender were found within U.S. territory. Includes within such activity an offense relating to goods falsely classified, unlawful importation of firearms, firearms trafficking, computer fraud and abuse, any felony violation of the Foreign Agents Registration Act of 1938, and Clean Air Act violations. (Sec. 8008) Amends the criminal code to: (1) provide for criminal forfeiture for money laundering conspiracies; and (2) authorize a party to request the Clerk of the Court in the district in which a proceeding for civil or criminal forfeiture is pending to issue a subpoena to a financial institution to produce documents. (Sec. 8011) Amends the Federal judicial code to: (1) prohibit any person who purposely evades the jurisdiction of a U.S. court in which a criminal case is pending against such person from using the resources of the U.S. courts to further a claim in any related civil forfeiture action or in any third-party proceeding in any related criminal forfeiture action; and (2) provide for the admissibility of foreign business records. (Sec. 8013) Amends the criminal code to permit: (1) a person who commits multiple violations of money laundering provisions that are part of the same scheme or continuing course of conduct to be charged in a single count; (2) a prosecution for a money laundering offense to be brought in any district in which the financial or monetary transaction is conducted, or in which a prosecution for the underlying specified unlawful activity could be brought, with an exception; and (3) the interception of wire, oral, or electronic communications where there is a violation of provisions dealing with the reporting and illegal structuring of currency transactions. (Sec. 8016) Provides criminal penalties for violations of anti-money laundering orders. (Sec. 8017) Amends the code to authorize the disclosure of the contents of a communication by a person or entity providing electronic communication, or remote computing, service to the public, to a supervisory (currently limited to a law enforcement) agency, if such contents appear to pertain to the commission of the crime, or to reveal a suspicious transaction relevant to a possible violation of law or regulation. (Sec. 8018) Defines "State," as used in the International Banking Act of 1978, to include a U.S. commonwealth, territory, or possession. (Sec. 8020) Extends U.S. jurisdiction over certain financial crimes committed abroad. Title IX: Combating International Crime - Subtitle A: Investigating and Punishing Violent Crimes Against United States Nationals Abroad - Amends the code to prohibit, and set penalties for: (1) extortion committed against U.S. nationals abroad in furtherance of organized crime; and (2) murder or serious assault of a State or local official abroad. Subtitle B: Denying Safe Havens to International Criminals - Establishes procedures for extradition for specified serious offenses not covered by treaty. (Sec. 9104) Grants the Attorney General authority, with respect to a person being held in custody in a foreign country based upon a violation of the law in that country, where the person is found extraditable to the United States by competent authorities of that country, to: (1) request the temporary transfer of that person to the United States to proceed with their prosecution in a Federal or State criminal proceeding; (2) maintain the custody of that person while in the United States; and (3) return that person to the foreign country at the conclusion of the criminal prosecution, including any imposition of sentence. (Sec. 9106) Authorizes the Attorney General to permit the temporary transit through the United States of a person wanted for prosecution or imposition of sentence in a foreign country. Subtitle C: Seizing and Forfeiting the Assets of International Criminals - Amends the code to provide for the forfeiture of: (1) proceeds of foreign crimes; (2) property used to commit drug crimes abroad; and (3) property used to violate Federal explosives laws. (Sec. 9202) Amends the CSA to grant the court authority to order convicted criminals to return property located abroad. (Sec. 9203) Amends the Federal judicial code to establish procedures for U.S. enforcement of foreign forfeiture judgments. (Sec. 9204) Increases civil and criminal penalties under the International Emergency Economic Powers Act. (Sec. 9205) Amends the Trading with the Enemy Act to cover attempted violations. Subtitle D: Responding to Emerging International Crime Threats - Part 1: Computer and High-Tech Crime - Amends the code to authorize the interception of wire, oral, or electronic communications, when such interception may provide or has provided evidence of a felony violation of provisions relating to computer fraud and attacks on computer systems. (Sec. 9311) Allows a governmental entity to require the disclosure by a provider of a remote computing service of the contents of an electronic record in networked electronic storage if the person who created the record is accorded the same protections that would be available if the record had remained in that person's possession, subject to specified requirements. Part 2: Enhancing Antiterrorism Laws - Amends the Antiterrorism and Effective Death Penalty Act of 1996 to extend the effective date of provisions regarding compensation of victims of terrorism through October 1, 1999. (Sec. 9321) Amends the code to revise the definition of: (1) "biological agent" to mean any microorganism (including, but not limited to, bacteria, viruses, fungi, rickettsiae or protozoa), or infectious substance, or any naturally occurring, bioengineered or synthesized component of any such microorganism or infectious substance; (2) "toxin" to mean the toxic material or product of plants, animals, microorganisms, or infectious substances, or a recombinant or synthesized molecule, whatever their origin and method of production; and (3) "vector" to mean a living organism or molecule, including a recombinant or synthesized molecule capable of carrying a biological agent or toxin to a host. (Sec. 9322) Includes threats to use chemical weapons within the prohibition against the use of such weapons. Subtitle E: Promoting Global Cooperation in the Fight Against International Crime - Expands a code provision authorizing the sharing of proceeds of joint forfeiture operations with cooperating foreign agencies to cover situations where property is civilly or criminally forfeited under any provision of Federal law. (Sec. 9402) Amends the Federal judicial code to authorize the Attorney General to present a request made by a foreign government for assistance with respect to a foreign investigation, prosecution, or proceeding regarding a criminal matter pursuant to a treaty, convention, or executive agreement for mutual legal assistance between the United States and that government, the execution of which requires or appears to require the use of compulsory measures in more than one judicial district, to a judge or judge magistrate of: (1) any of the districts in which persons who may be required to appear to testify or produce evidence or information reside or are found, or in which evidence or information to be produced is located; or (2) the United States District Court for the District of Columbia. Grants such judge or judge magistrate authority to issue those orders necessary to execute the request. (Sec. 9403) Modifies provisions regarding custody and return of foreign witnesses to grant the Attorney General authority, if the testimony of a person who is serving a sentence, in pretrial detention, or otherwise being held in custody in the United States, is needed in a foreign criminal proceeding, to: (1) temporarily transfer that person to the foreign country for the purpose of giving testimony; (2) transport that person from the United States in custody; (3) make appropriate arrangements for custody for that person while outside the United States; and (4) return that person in custody to the United States from the foreign country. Sets forth provisions regarding the return of persons transferred, the applicability of international agreements, and rights of persons transferred. (Sec. 9404) Amends the judicial code to grant the Attorney General discretionary authority to make payments from the Department of Justice Assets Forfeiture Fund to return forfeited property repatriated to the United States by a foreign government under specified circumstances. Subtitle F: Streamlining the Investigation and Prosecution of International Crimes in United States Courts - Authorizes the Attorney General to obligate, as necessary expenses, from any appropriate appropriation account available to DOJ in FY 1999 or any fiscal year thereafter, the cost of reimbursement to State or local law enforcement agencies for translation services and related expenses, including transportation expenses, in cases involving extradition or requests for mutual legal assistance from foreign governments. (Sec. 9502) Expands a code provision regarding war crimes to make such provision applicable if the perpetrator is found in the United States after the crime is committed, or the crime occurs within the United States. (Sec. 9503) Authorizes the Attorney General to determine that, if a person located outside the United States is requested by a magistrate judge or Federal law enforcement officer to appear and provide testimony or answer questions in the United States in connection with any Federal or State criminal matter, the person shall not be subject to service of process, or be detained or subjected to any restriction of personal liberty, by reason of any acts or convictions that preceded the departure of that person from the foreign jurisdiction. (Sec. 9504) Prohibits fugitives from benefiting from time served abroad. (Sec. 9505) Suspends the statute of limitations for the collection of evidence located abroad. (Sec. 9507) Provides that whoever, while serving with, employed by, or accompanying the armed forces outside the United States, engages in conduct which would constitute an offense punishable by imprisonment for more than one year if engaged in within the special maritime and territorial jurisdiction of the United States, shall be guilty of a like offense and subject to a like punishment. Authorizes the Secretaries of Defense and Transportation to designate and authorize any person serving in a law enforcement position in the Department of Defense and the Department of Transportation when the Coast Guard is not operating as part of the Navy to arrest outside the United States any such person who there is probable cause to believe engaged in conduct which constitutes a criminal offense under this section. Provides for the delivery of such individual to the appropriate authorities of the foreign country. Title X: Strengthening the Air, Land, and Sea Borders of the United States - Subtitle A: Violence Committed Along United States Borders - Amends the code to provide felony punishment for violence while eluding inspection or during violation of arrival, reporting, entry, or clearance requirements, including conspiracy and reckless endangerment. Subtitle B: Strengthening Maritime Law Enforcement Along United States Borders - Provides sanctions for failure to heave to, obstructing a lawful boarding, and providing false information to a Federal law enforcement officer during a boarding of a vessel. Authorizes the seizure and forfeiture of a vessel used in violation of this subtitle. (Sec. 11002) Sets a $25,000 civil penalty for failure to comply with a lawful boarding, obstruction of boarding, or providing false information. (Sec. 11003) Amends the Tariff Act of 1930 to include within the definition of "authorized place," with respect to a vessel or vehicle, a location in a foreign country at which U.S. customs officers are permitted to conduct inspections, examinations, or searches. Subtitle C: Smuggling of Contraband and Other Illegal Products - Amends the code to prohibit, and set penalties for: (1) fraudulently or knowingly exporting or sending from the United States (or attempting to do so) any merchandise, article, or object (merchandise) contrary to any U.S. law; and (2) receiving, concealing, buying, selling, or otherwise facilitating the transportation, concealment, or sale of that merchandise, prior to exportation, knowing that merchandise to be intended for exportation contrary to any U.S. law. Amends the money laundering statute to define "specified unlawful activity to include an offense of smuggling goods from the United States. Amends the Tariff Act to provide for forfeiture to the United States of merchandise exported from the United States (or attempted to be exported), or the value thereof, and property used to facilitate the receipt, purchase, transportation, concealment, or sale of that merchandise prior to exportation. (Sec. 12002) Expands code provisions regarding smuggling goods into foreign countries to cover situations where such goods are smuggled (or attempted to be smuggled) by vehicle, aircraft, conveyance, or other mode of transportation. Prohibits, and sets penalties for, the transport (including attempts) of more than 360 liters of distilled spirits from one State into another State or foreign country, or the receipt or possession of more than 360 liters that have been transported in interstate or foreign commerce in violation of Federal or State law. Directs the Secretary of the Treasury to seize and forfeit any conveyance, liquor, or monetary instrument involved in, or property that constitutes or is derived from proceeds traceable to, a violation of this section, with a limitation. (Sec. 12003) Expands the scope of the statute punishing entry of goods by means of false statements to cover theft, embezzlement, and misapplication of duties. Increases penalties for violations. (Sec. 12004) Prohibits, and sets penalties for, false certifications relating to exports. Subtitle D: Strengthening Immigration Laws to Exclude International Criminals From the United States - Amends the Immigration and Nationality Act (INA) to: (1) make inadmissible any alien coming to the United States to avoid lawful prosecution in a foreign country for a crime involving moral turpitude; and (2) direct the Attorney General to remove such alien to the country seeking prosecution unless, in the Attorney General's discretion, the removal is deemed to be impracticable, inadvisable, or impossible. (Sec. 13002) Amends the INA to provide for the inadmissibility of persons: (1) involved in racketeering and arms trafficking; (2) who have benefited from illicit activities of drug traffickers; and (3) involved in international alien smuggling. Subtitle E: Alien Smuggling - Amends the INA to provide for the civil and criminal forfeiture of any conveyance used in the commission of an alien smuggling offense. Subtitle F: Trafficking in Chemicals Used to Produce Drugs - Amends the Controlled Substances Import and Export Act to require a person who proposes to engage in a transaction involving the importation or exportation of a listed chemical that requires advance notification pursuant to the regulations of the Attorney General or the importation or exportation of a tableting or encapsulating machine to notify the Attorney General at least 15 days before the transaction is to take place. Authorizes the Attorney General to require that the 15-day notification requirement apply to all imports of a listed chemical upon finding that such notification is necessary to support effective chemical diversion control programs or is required by international agreement to which the United States is a party. Sets forth additional restrictions regarding the transshipment and in-transit shipment of controlled substances. Authorizes injunctions barring persons convicted of a felony violation relating to the receipt, distribution, manufacture, importation, or exportation of a listed chemical from engaging in any transaction involving a listed chemical for up to ten years. Subtitle G: Arms Trafficking - Amends the Arms Export Control Act to create an exemption from Act requirements transactions arising out of an investigation by a Federal law enforcement agency concerning possible criminal violations of U.S. law.
United States · United States Congress · 10 September 1998
Authorizes the Secretary of the Interior to acquire up to 15 acres of land known as the Warren Property or Mount Kemble, to be included in and administered as part of Morristown National Historical Park.
United States · United States Congress · 30 July 1998
Small Business Year 2000 Readiness Act - Amends the Small Business Act to direct the Small Business Administration (SBA) to establish a pilot loan guarantee program under which the SBA shall guarantee loans made by eligible lenders to small businesses to address Year 2000 computer problems (Y2K problem), including the repair or acquisition of information technology systems and other automated systems. Limits: (1) the loan amount for each participating small business to $50,000; and (2) the amount which is guaranteed by the SBA to 50 percent of the total loan received from a lender. Requires the SBA to notify the small business committees at least 30 days in advance of the initiation of any pilot program under such Act or a pilot program which may affect the subsidy rate estimates for a loan program. Requires an annual report to such committees on each pilot program under which loans are guaranteed by the SBA.
United States · United States Congress · 28 July 1998
Economic Development Administration Reform Act of 1998 - Amends the Public Works and Economic Development Act of 1965 (the Act) to replace titles I through VI of such Act with the provisions of this Act. Directs the Secretary of Commerce to cooperate with States and other entities to ensure 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. Authorizes the Secretary to provide appropriate technical assistance to such entities in order to alleviate economic distress, encourage partnerships for economic development strategies, and promote investment in infrastructure and technological capacity to keep pace with the changing global economy. Directs the Secretary to promulgate regulations for intergovernmental review of proposed economic development projects. Authorizes the Secretary to enter into economic development cooperation agreements with two or more adjoining States. Defines an "eligible recipient," for purposes of this Act, as: (1) an area with a per capita income of 80 percent or less of the national average or an unemployment rate at least one percent greater than the national average or one which has experienced or is about to experience actual or threatened severe unemployment or economic adjustment problems; (2) an economic development district; (3) an Indian tribe; (4) a State; (5) a political subdivision; (6) an institution of higher education; or (7) a nonprofit organization acting in cooperation with local officials. Sets forth provisions similar to existing provisions of law authorizing grants to eligible recipients for acquisition or development of public works and development facilities. Retains a limitation that prohibits more than 15 percent of the amounts made available for such assistance from being expended in any one State. Authorizes assistance for public works and economic development to be available for a project to be carried out on a military or Department of Energy installation that is closed or scheduled for closure or realignment without requiring an eligible recipient to have title to the property or a leasehold interest for any specified term. Sets forth provisions similar to those under existing law authorizing grants for economic planning. Authorizes the Secretary to make grants for related administrative expenses as well. 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 recipient is eligible but for which the recipient cannot provide the required non-Federal share. Provides supplementary grant conditions and requirements, authorizing the Secretary to reduce or waive the required non-Federal share in certain cases. Sets forth provisions similar to those under existing law that authorize technical assistance useful in alleviating or preventing conditions of excessive unemployment or underemployment. Authorizes grants for training and research for such purposes as well. Permits the Secretary to reduce or waive the non-Federal share of a project so assisted if the project is not feasible without, and merits, such a reduction or waiver. Retains an existing provision of law regarding the prevention of unfair competition. Sets forth provisions similar to those under existing law which authorize grants for economic adjustment to alleviate long-term economic deterioration and sudden economic dislocation. Revises criteria for such assistance. Authorizes the Secretary to: (1) approve the use of grant funds for projects the scope or purpose for which has been modified after the grant has been made; and (2) use funds for projects constructed for less than the projected costs to improve such projects. Bars assistance for public works and economic development from being used for attorney's or consultants' fees incurred in connection with obtaining grants and contracts. Requires areas to have per capita incomes of 80 percent or less of the national average or unemployment rates at least one percent greater than the national average or to have experienced or be about to experience actual or threatened severe unemployment or economic adjustment problems in order to be eligible for grants for public works and economic development or economic adjustment. Requires from such applicants: (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. Revises conditions under which areas may be designated as economic development districts by the Secretary. Retains: (1) existing incentives for increasing grant assistance in districts where participants are actively participating in economic development activities and the project is consistent with the district's comprehensive economic development strategy; and (2) provisions authorizing assistance to parts of districts not in eligible areas. Directs the Secretary to carry out this Act through an Assistant Secretary of Commerce for Economic Development who shall serve as the Administrator of the Economic Development Administration. Directs the Secretary to maintain an information clearinghouse on all matters relating to economic development and adjustment, disaster recovery, defense conversion, and trade adjustment programs and activities of Federal and State governments and to assist applicants for such assistance. Authorizes the Secretary to furnish procurement divisions of the Federal Government with a list of business firms located in distressed areas that desire Federal contracts. Requires the Secretary to conduct reviews of university centers that receive grant assistance under this Act to assess their performance and contribution toward retention and creation of employment. Provides for penalty, administrative, and recordkeeping provisions similar to those under existing law. Authorizes appropriations for FY 1999 through 2003. Authorizes additional appropriations for defense conversion activities and disaster economic recovery activities. Repeals provisions of the Act regarding economic recovery for disaster areas, special economic development and adjustment assistance, and the job opportunities program.
United States · United States Congress · 27 July 1998
National Environmental Education Amendments Act of 1998 - Amends the National Environmental Education Act to require that curricula, materials, and training programs developed with support from the Environmental Protection Agency's (EPA) Office of Environmental Education be balanced and scientifically sound. (Sec. 2) Requires that implementation of the Act be through EPA. Eliminates requirements for a Director of the Office and a minimum number of staff. Allows activities to be carried out through grants, cooperative agreements, or contracts. (Sec. 3) Reduces from 25 percent to 15 percent the percentage of funds to be obligated for environmental education grants of not more than $5,000. Prohibits the use of grants for certain lobbying activities. Requires the EPA Science Advisory Board to review and approve any guidance by the EPA Administrator before it is issued to applicants for such grants. (Sec. 4) Repeals the authority for environmental internships and fellowships. (Sec. 5) Eliminates all environmental education awards provided for under such Act, except the President's Environmental Youth Awards. (Sec. 6) Revises requirements for membership on the National Environmental Education Advisory Council. Requires that membership on the Federal Task Force on Environmental Education be open to representatives of any Federal agency actively engaged in environmental education. (Under current law, membership must include specified agency representatives.) Repeals specific requirements for contents of Advisory Council reports. (Sec. 7) Changes the name of the National Environmental Education and Training Foundation to the National Environmental Learning Foundation. Increases the size of the Foundation's Board of the Directors. Repeals the prohibition on the transmission of logos or other means of identification on materials donated to the Foundation for environmental education and training use. Allows acknowledgement of donors, but prohibits such acknowledgement from: (1) appearing in educational material to be presented to students; and (2) identifying a donor by means of a logo, letterhead, or other corporate commercial symbol, slogan, or product. (Sec. 8) Extends through FY 2004 the authorization of appropriations to the EPA for such Act. Revises funding limitations. Limits to 25 percent the amount available for administrative costs. Directs the EPA Administrator to report on expenses annually to the Congress.
United States · United States Congress · 27 July 1998
Declares that the Congress honors the memory of Detective John Michael Gibson and Private First Class Jacob Joseph Chestnut of the U.S. Capitol Police for the selfless acts of heroism they displayed on July 24, 1998, in sacrificing their lives in the line of duty so that others might live. Provides that, when the Senate and the House of Representatives adjourn on this date, they shall do so out of respect for the memory of Officers Gibson and Chestnut.
United States · United States Congress · 27 July 1998
Authorizes the use of the rotunda of the Capitol for a memorial service for Detective John Michael Gibson and Private First Class Jacob Joseph Chestnut of the U.S. Capitol Police. Directs the Architect of the Capitol to place a plaque in honor of the memory of Officers Gibson and Chestnut at an appropriate site in the U.S. Capitol, with the approval of the Speaker of the House of Representatives and the President Pro Tempore of the Senate. Directs the Sergeant at Arms of the House of Representatives to make arrangements for funeral services for Officers Gibson and Chestnut, including payments for travel expenses of immediate family members, and for expenses incurred by Members of the House of Representatives in attending such services. Directs the Chief Administrative Officer of the House of Representatives to pay survivor's gratuities to the widows of Officers Gibson and Chestnut. Expresses the sense of the Congress that there should be established under law a U.S. Capitol Police Memorial Fund for the surviving spouses and children of members of the U.S. Capitol Police who are slain in the line of duty.
United States · United States Congress · 24 July 1998
Expresses the sense of the Senate that the President should issue a proclamation declaring the week that begins on the Sunday before Presidents' Day of each year, as United States Presidential History Week. Redesignates the legal public holiday of Washington's Birthday as Presidents' Day in honor of George Washington, Abraham Lincoln, and Franklin Roosevelt and in recognition of the importance of the institution of the Presidency and the contributions that Presidents have made to our nation's development and the principles of freedom and democracy.
United States · United States Congress · 22 July 1998
Expresses the sense of the Senate that October 15, 1998, should be designated as National Inhalant Abuse Awareness Day, to be observed with appropriate activities. Requests the President to issue a proclamation designating such Day.
United States · United States Congress · 17 July 1998
Children's Online Privacy Protection Act of 1998 - Directs the Federal Trade Commission (FTC) to prescribe regulations requiring commercial website operators to follow fair information practices in connection with the collection and use of personal information from children under age 16, including by obtaining verifiable parental consent for the collection, use, or disclosure of personal information from children under the age of 13. Directs the FTC to provide incentives for efforts of self-regulation by operators to implement appropriate protections for such information. Authorizes the States to enforce such regulations by bringing actions on behalf of residents, requiring the appropriate attorney general to first notify the FTC of such action. Authorizes the FTC to intervene in any such action. Provides for enforcement of this Act through the Federal Trade Commission Act. Directs the FTC to review and report to the Congress on the implementation of this Act.
United States · United States Congress · 16 July 1998
Brady Waiting Period Extension Act of 1998 - Amends the Brady Handgun Violence Prevention Act to provide for the establishment of a minimum 72-hour handgun purchase waiting period, unless: (1) a prospective purchaser presents a written statement from the chief law enforcement officer of his or her place of residence during a specified ten-day period, stating that access to a handgun is necessary because of a threat to that person's life or the life of a member of his or her household; or (2) the law of the State in which the proposed transfer will occur requires that an authorized State or local official verify that the information available does not indicate that possession of a handgun by the prospective purchaser would violate the law and that such official has provided such verification in accordance with that law. Requires, when a person applies to buy a handgun, that: (1) the licensed importer, manufacturer, or dealer contact the chief law enforcement officer of the prospective purchaser's place of residence; and (2) five (currently, three) business days have elapsed since the licensee contacted the national instant criminal background check system.
United States · United States Congress · 13 July 1998
Amends the Older Americans Act of 1965 to extend through FY 2001 the authorization of appropriations for: (1) the Federal Council on the Aging; (2) administration; (3) grants for State and community programs on aging; (4) the availability of surplus commodities; (5) training, research, and discretionary projects and programs; (6) community service employment for older Americans; (7) grants for Native Americans; (8) allotments for Vulnerable Elder Rights Protection activities; and (9) the Native American program.
United States · United States Congress · 10 July 1998
Women's Progress Commemoration Act - Establishes the Women's Progress Commemoration Commission to, in cooperation with the Secretary of the Interior and other appropriate Federal, State, and local public and private entities, prepare and submit to the Secretary a report that: (1) identifies sites of historical significance to the women's movement; and (2) recommends actions, under the National Historic Preservation Act and other law, to rehabilitate and preserve the sites and provide to the public interpretive and educational materials and activities at the sites. Authorizes appropriations. Requires the Secretary, after receipt of the Commission's report, to report to the Congress on the actions that have been taken to preserve the sites identified in the Commission's report as being of historical significance.
United States · United States Congress · 6 July 1998
Advancement in Pediatric Autism Research Act - Amends the Public Health Service Act to direct the Director of the National Institutes of Health (NIH) to expand, intensify, and coordinate the activities of NIH with respect to autism. Requires the Director, among other things to: (1) ensure that at NIH there is a committee to coordinate research on autism; and (2) make awards and grants to public or nonprofit entities for centers of excellence regarding research on autism. Authorizes appropriations.
United States · United States Congress · 26 June 1998
Industrial Emergency Notification Act of 1998 - Directs the Occupational Safety and Health Administration to issue a regulation that requires employers to: (1) notify outside emergency responders when conditions and circumstances occur which require outside emergency response, including workplace evacuations and other conditions specified in such regulation; (2) describe in their emergency response plans or emergency action plans additional conditions and circumstances that require outside emergency response; and (3) obtain the written agreement of the outside responders as to such additional conditions and circumstances.
United States · United States Congress · 24 June 1998
Class-Size Reduction and Teacher Quality Act of 1998 - Establishes a grants program to help States and local educational agencies recruit, train, and hire 100,000 additional teachers over a seven-year period in order to: (1) reduce class sizes nationally, in grades one through three, to an average of 18 students per classroom; and (2) improve teaching in the early grades so that all students can learn to read independently and well by the end of the third grade. Makes appropriations for FY 1999 through 2008 for such program. Sets forth program requirements for: (1) allotments to States; (2) grant applications; (3) within-State allocations; (4) State-level activities; (5) local uses of funds; (6) cost-sharing; (7) carryover of funds; (8) accountability; (9) participation of private school teachers; (10) evaluation; and (11) waivers.
United States · United States Congress · 24 June 1998
Expresses the sense of the Congress that the United States should: (1) publicly declare that it considers there to be probable cause to believe that Slobodan Milosevic, President of the Federal Republic of Yugoslavia, has committed war crimes, crimes against humanity, and genocide; (2) make collection of information that can be supplied to the International Criminal Tribunal for the former Yugoslavia for use as evidence to support his indictment and trial a high priority; (3) provide a fair share of any additional financial or personnel resources that may be required by the Tribunal for the adjudication of Milosevic and others arising from the conflict in the former Yugoslavia; (4) engage in a discussion with other members of the North Atlantic Treaty Organization and interested states of information any such state may hold regarding such matters and of measures to be taken to apprehend persons indicted for war crimes and crimes against humanity; (5) urge the Tribunal to promptly review all information relating to Milosevic's possible criminal culpability, with a view toward prompt issuance of a public indictment; (6) upon issuance of such indictment, adopt a policy of having no dealings with Milosevic other than as a defendant before the Tribunal; and (7) support Milosevic's immediate apprehension.
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 · 22 June 1998
Sets a one-year moratorium during which the Secretary of Health and Human Services may not modify regulations governing the operation of the Organ Procurement and Transplantation Network, including pertinent regulations under the Social Security Act. States that a related final rule published in the Federal Register has no legal effect. Directs the Secretary to: (1) consult with the medical community and organ donation organizations to develop workable guidelines for Network operation; and (2) study the impact of proposed regulations on indigent care, economic and geographic access to transplantation services, transplantation outcome and survival rate, and waiting list time by organ.
United States · United States Congress · 22 June 1998
Amends the Marine Mammal Protection Act of 1972 to direct the Secretary of Commerce to conduct the Marine Mammal Rescue Grant Program to provide grants to eligible stranding centers and stranding network participants for the recovery or treatment of marine mammals and the collection of health information relating to them. Authorizes appropriations.
United States · United States Congress · 17 June 1998
TABLE OF CONTENTS: Title I: The Children's Firearm Safety Act of 1998 Title II: The Children's Firearms Age Limit Act of 1998 Title III: The Children's Firearm Dealer's Responsibility Act of 1998 Title IV: The Children's Firearm Access Prevention Act of 1998 Title V: The Children's Firearm Injury Surveillance Act of 1998 Title VI: The Children's Firearm Education Act of 1998 Title VII: The Children's Firearm Tracking Act of 1998 Children's Gun Violence Prevention Act of 1998 - Title I: The Children's Firearm Safety Act of 1998 - Amends the Brady Handgun Violence Prevention Act to prohibit the manufacture or importation of an unsafe handgun. Defines "unsafe handgun" as any semiautomatic pistol which does not have a magazine safety disconnect that prevents the pistol from being fired once the magazine or clip is removed from the weapon and any handgun: (1) which the Secretary of the Treasury determines, when new, fires in any of five successive trials in which the handgun is dropped onto a solid slab of concrete from a height of one meter from each of several specified positions; (2) without a child resistant trigger mechanism reasonably designed to prevent a child who has attained age five from operating the weapon when it is ready to fire; and (3) sold without a mechanism reasonably designed, under rules determined by the Secretary, to prevent the discharge of the weapon by unauthorized users. Exempts the manufacture or importation by a licensed manufacturer or importer for use by a department or agency of the United States, a State, or a political subdivision thereof, or for purposes of testing or experimentation authorized by the Secretary. (Sec. 102) Directs the Consumer Product Safety Commission to study and report to the Congress on how handgun safety can be improved so as to prevent unauthorized use or discharge of firearms by children who have not attained age 18. Authorizes appropriations for FY 1999. Title II: The Children's Firearms Age Limit Act of 1998 - Prohibits the sale, delivery, or other transfer of a semiautomatic assault weapon to a person the transferor knows or has reasonable cause to believe is a juvenile. (Sec. 202) Increases the penalty for transferring a handgun or semiautomatic assault weapon to a juvenile for use in a crime of violence. Title III: The Children's Firearm Dealer's Responsibility Act of 1998 - Directs the Secretary, after notice and opportunity for hearing, to revoke the license of a dealer who willfully sells a firearm to a minor. (Sec. 302) Prohibits a licensed importer, manufacturer, or dealer, 30 days after the Attorney General notifies licensees that the national instant criminal background check system is established, from transferring a firearm to any unlicensed person without verifying the identity of a purchaser known or reasonably believed to be under age 24 by examining two valid photograph identification documents. (Sec. 303) Directs the Secretary to issue final regulations that establish minimum firearm safety and security standards that shall apply to dealers who are issued a license, which shall include minimum standards for: (1) a place of business in which a dealer covered by the regulations conducts business or stores firearms; (2) windows, the front door, storage rooms, containers, alarms, and specified other items of a place of business; and (3) the storage and handling of the firearms contained in such place of business. Authorizes the Secretary to enter the place of business of a licensed dealer: (1) under specified conditions, where there is reasonable cause to believe a violation has occurred, to examine records of the safety and security measures taken by the dealer to ensure compliance with such regulations; and (2) without such reasonable cause or warrant not more than once during any 12-month period to ensure compliance. Sets penalties for licensed dealers who knowingly fail to comply with any applicable regulation issued pursuant to this section. Title IV: The Children's Firearm Access Prevention Act of 1998 - Children's Firearm Access Prevention Act of 1998 - Prohibits and sets penalties for keeping a loaded firearm, or an unloaded firearm and ammunition for it, that has been shipped or transported in or otherwise substantially affects interstate or foreign commerce, on premises under the custody or control of a person who knows or reasonably should know that a juvenile is capable of gaining access to the firearm without the permission of a parent or legal guardian, if a juvenile obtains access to the firearm and thereby causes death or bodily injury or exhibits the firearm in a public place or in a school zone. Makes an exception if: (1) the juvenile obtains, or obtains and discharges, the firearm in a lawful act of self-defense or defense of others; (2) the person uses a secure gun storage or safety device for the firearm; (3) the person is a peace officer, member of the Armed Forces or National Guard, and the juvenile obtains the firearm during or incidental to the performance of official duties in that capacity; or (4) the person has no reasonable expectation that a juvenile is likely to be present on the premises on which the firearm is kept. Requires the Secretary to ensure that a copy of such prohibition and penalties appears on the form required to be obtained by a licensed dealer from a prospective firearm purchaser. Title V: The Children's Firearm Injury Surveillance Act of 1998 - Children's Firearm Injury Surveillance Act of 1998 - Directs the Secretary of Health and Human Services to: (1) make grants to State and local departments of health and law enforcement agencies for establishing and maintaining children's firearm-related injury surveillance systems; and (2) carry out this title through the Director of the Centers for Disease Control and Prevention, who shall carry out this title through the Director of the National Center for Injury Prevention and Control (Director). Requires the Director to: (1) ensure that such grants are used to establish systems for gathering information regarding fatal and nonfatal firearm injuries involving children who have not attained age 21; and (2) give priority to States and communities in which firearm- related injuries for children are a significant public health problem. Authorizes appropriations for FY 1999 through 2003. Title VI: The Children's Firearm Education Act of 1998 - Children's Firearm Education Act of 1998 - Authorizes the Secretary of Education or State educational agencies (if the amount appropriated to carry out this title exceeds $50 million) to award grants to eligible local educational agencies for purposes of educating children about preventing gun violence. Sets forth provisions regarding: (1) a formula for allocating appropriated funds to the States; (2) minimum allotments; (3) required assurances regarding the use of allocated funds; (4) priorities in awarding grants; (6) peer review of grant applications; (7) eligible grant recipients; (8) State and local applications, and reporting requirements; (9) authorized activities; and (10) requirements that funds received supplement, not supplant, funds that would otherwise be available from non-Federal sources and that persons hired by a local educational agency receiving a grant award not displace persons already employed. Authorizes appropriations for FY 1999 through 2001. (Sec. 603) Directs the Secretary of Education to: (1) include on the Internet site of the Department of Education a description of programs that receive grants pursuant to this title; and (2) publicize the competitive grant program through its Internet site, publications, and public service announcements. (Sec. 605) Amends the Safe and Drug-Free Schools and Communities Act of 1994 to provide for timely counseling and: (1) evaluations of any student who possesses, or threatens to bring or use, a weapon on school grounds; and (2) advice to public school students, staff, and administrators after an incident of gun-related violence on school grounds. Title VII: The Children's Firearm Tracking Act of 1998 - Directs the Secretary of the Treasury to: (1) endeavor to expand the number of cities and counties directly participating in the Youth Crime Gun Interdiction Initiative (YCGII) to 75 cities or counties by October 1, 2000, 150 by October 1, 2002, and 250 by October 1, 2003; (2) select cities and counties for participation in YCGII in consultation with Federal, State, and local law enforcement officials; (3) utilize the information provided by YCGII to facilitate the identification and prosecution of individuals illegally trafficking firearms to persons under age 24; (4) share information derived from YCGII with State and local law enforcement agencies through on-line computer access as soon as such capability is available; and (5) award grants to States, cities, and counties for purposes of assisting in the tracing of firearms and participation in YCGII. Authorizes such grants to be used to: (1) hire or assign additional personnel for the gathering, submission, and analysis of tracing data submitted to the Bureau of Alcohol, Tobacco and Firearms under YCGII; (2) hire additional law enforcement personnel to identify and arrest individuals illegally trafficking firearms; and (3) purchase additional equipment, including automatic data processing equipment and computer software and hardware, for the timely submission and analysis of tracing data.
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 · 11 June 1998
Amends the Small Business Act to increase for each of FY 1999 through 2001 the authorization of appropriations for women's business center program projects.
![Official portrait of Sen. Lautenberg, Frank R. [D-NJ]](https://www.congress.gov/img/member/l000123_200.jpg)