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Bill· SS. 2652 (105th)referred
United States · United States Congress · 21 October 1998
TABLE OF CONTENTS: Title I: Exported Pesticides Title II: Pesticide Residue Monitoring Title III: Pesticide Tolerances Title IV: Pesticide Information Title V: Effective Dates Circle of Poison Prevention Act of 1998 - Title I: Exported Pesticides - Amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to require pesticide producers operating registered establishments to inform the Administrator of the Environmental Protection Agency of: (1) the types and quantities of pesticides and active ingredients used in producing pesticides for export to a foreign country; and (2) the date of export and quantity of such materials exported to each foreign country to which the producer has exported during the past 365-day period. (Sec. 103) Provides that specified information on exported pesticides shall not be entitled to confidential trade secret treatment. (Sec. 104) Makes it unlawful to export a pesticide or device in violation of FIFRA export requirements. (Sec. 105) Prohibits the exportation of a pesticide or device unless: (1) such materials are prepared and packaged according to the specifications of the foreign purchaser and the legal requirements of the country of use; and (2) the label of the pesticide is written in the official language of the country of use and contains all information required to be included in the labeling for such pesticide in the United States. Prohibits the exportation of a pesticide to a country of use if: (1) the registrations for pesticides containing an active ingredient that is included in such pesticide that account for nearly all of the uses of such ingredient have been canceled; (2) the tolerances for an active ingredient in such pesticide that account for nearly all the uses of such ingredient have been revoked; or (3) an active ingredient of the pesticide is ineligible for reregistration. Prohibits such exports (including pesticides used for agricultural production) unless: (1) the pesticide is registered; or (2) all of the active ingredients in the pesticide are the subject of a food tolerance. Requires exporters, prior to the shipment of certain pesticides, to provide specified information to the Administrator. Prohibits the exportation of any pesticide to a country of use that: (1) has refused consent; or (2) has given conditional consent unless the conditions on which the consent was given are met. Prohibits refusals to consent unless the country certifies that it is not producing or importing and will not produce or import the pesticide or a similar product with the same active ingredient. Waives requirements described above, upon the request of a country of use and subject to certain determinations by the Administrator, to permit the export of pesticides not meeting FIFRA requirements to: (1) prevent or arrest the spread of a communicable disease; or (2) stop or prevent the spread of a pest that is destroying or will destroy quantities of the country's food supply so as to result in widespread famine. Permits the export of pesticides for experimental use in foreign countries if specified conditions are met. Directs the Administrator to submit information to the Secretary of Health and Human Services concerning inspection for pesticide residues in imported foods conducted by the Department of Health and Human Services. Requires the Administrator to notify foreign countries and the International Register of Potentially Toxic Chemicals whenever regulatory action is taken with respect to a pesticide. Directs the Administrator to: (1) convene meetings with foreign governments and other interested parties to promote the implementation of improved research and regulatory programs for pest management and strategies for sustainable agriculture and to encourage the adoption of a multilateral convention requiring standard notice and pesticide export control measures; and (2) provide foreign countries with technical assistance to develop pesticide regulatory programs. Permits persons to bring civil actions to secure the imposition of penalties on persons who violate pesticide export requirements. Prohibits civil actions from being initiated on the basis of existing proceedings for criminal violations. (Sec. 106) Requires the Comptroller General to report to the Congress every four years on: (1) the operation and effect of this Act; and (2) how exported pesticides and their containers are used and disposed of and on their impact on the public health and the environment of countries of use. Title II: Pesticide Residue Monitoring - Amends the Omnibus Trade and Competitiveness Act of 1988 to direct the Food and Drug Administration to summarize the volume of each food product subject to the requirements of the Federal Food, Drug, and Cosmetic Act imported into the United States in quantities determined by the Secretary of Health and Human Services to be commercial quantities (currently, products having an entry value exceeding an amount established by the Secretary). Requires the summary to: (1) be made by food product, country of origin, port of entry, pesticides monitored by the Secretary, pesticide residues detected, and the quantity of each pesticide exported from the United States for agricultural use; and (2) indicate the volume of each type of food tested for pesticide residues, arranged by pesticide, food, and country of origin. Title III: Pesticide Tolerances - Amends the Federal Food, Drug, and Cosmetic Act to require the Administrator, if a registration under FIFRA for a pesticide to be used on food is canceled or modified to prohibit its use in connection with food, to revoke any tolerance or exemption that permits the presence of the pesticide on the food. Suspends tolerances or exemptions for pesticides used on food if such use is suspended under FIFRA. Authorizes the Administrator, if a residue of a canceled or suspended pesticide will persist in the environment and be present on a food, to establish a tolerance for the pesticide at a level that permits the residue to remain and will protect public health. Requires the Administrator to reduce the tolerance for any suspended or canceled pesticide annually if any decrease in the pesticide's residual environmental contamination or residues on food has occurred. Prohibits the Administrator from establishing or continuing a tolerance for a pesticide chemical residue unless the best available, practical method for detecting and measuring the levels of the residue on a food exists. Title IV: Pesticide Information - Prohibits the importation of a raw agricultural commodity into U.S. customs territory unless the commodity importer files with the Secretary and the Secretary of the Treasury a document identifying each pesticide chemical used in connection with the commodity. Requires such importers, if unreported pesticides are detected in such commodities, to submit residue analyses for such pesticides. Waives reporting requirements for unreported pesticides if the presence of such pesticides is attributable to long-term environmental persistence and does not pose a health risk. Amends the Federal Meat Inspection Act, the Poultry Products Inspection Act, and the Egg Products Inspection Act to apply such requirements to importers of meat, poultry, and eggs. (Sec. 402) Amends the Agricultural Act of 1954 to add to the list of annual reporting requirements of agricultural attaches a report on the customary use of pesticides in the production of agricultural commodities in foreign countries. Title V: Effective Dates - Sets forth the effective dates for provisions of this Act.
Bill· HRH.R. 4870 (105th)referred
United States · United States Congress · 20 October 1998
TABLE OF CONTENTS: Title I: Facilitating Affiliation Among Securities Firms, Insurance Companies, and Depository Institutions Subtitle A: Affiliations Subtitle B: Streamlining Supervision of Financial Holding Companies Subtitle C: Subsidiaries of National Banks Subtitle D: Wholesale Financial Holding Companies; Wholesale Financial Institutions Subtitle E: Preservation of FTC Authority Subtitle F: Applying the Principles of National Treatment and Equality of Competitive Opportunity to Foreign Banks and Foreign Financial Institutions Subtitle G: Federal Home Loan Bank System Modernization Subtitle H: Direct Activities of Banks Subtitle I: Deposit Insurance Funds Subtitle J: Effective Date of Title Title II: Functional Regulation Subtitle A: Brokers and Dealers Subtitle B: Bank Investment Company Activities Subtitle C: Securities and Exchange Commission Supervision of Investment Bank Holding Companies Subtitle D: Studies Title III: Insurance Subtitle A: State Regulations of Insurance Subtitle B: Redomestication of Mutual Insurers Subtitle C: National Association of Registered Agents and Brokers Title IV: Unitary Savings and Loan Holding Companies Title V: Financial Information Privacy Title VI: Miscellaneous Financial Services Act of 1998 - Title I: Facilitating Affiliation Among Securities Firms, Insurance Companies, and Depository Institutions - Subtitle A: Affiliations - Amends the Banking Act of 1933 (Glass-Steagall Act) to repeal the prohibitions: (1) against affiliation of any Federal Reserve member bank with an entity engaged principally in securities activities (securities affiliate); and (2) against simultaneous service by any officer, director, or employee of a securities firm as an officer, director, or employee of any member bank (interlocking directorates). (Sec. 102) Amends the Bank Holding Company Act of 1956 (BHCA) to exempt from its prohibition against interests in nonbanking organizations the shares of any company whose activities had been determined by the Board of Governors of the Federal Reserve System (the Board), as of the day before the date of enactment of this Act, to be so closely related to banking as to be a proper incident thereto. (Sec. 103) Creates a statutory mechanism for the establishment of financial holding companies (FHCs) whose subsidiary depository institutions are well-capitalized and well-managed and meet other specified criteria. Instructs the Board to establish and apply comparable capital standards to a foreign bank with a subsidiary bank or commercial lending company in the United States. Cites conditions under which newly acquired depository institutions shall enjoy limited exclusions from the community needs requirements of the Community Reinvestment Act of 1977. Permits an FHC and a Board-supervised investment bank holding company (BHC) to engage in any activity and acquire the shares of any company whose activities have been determined by the Board to be either financial in nature, or incidental to financial activities. Mandates consultation and coordination, according to specified guidelines, between the Board and the Department of the Treasury regarding determination of whether an activity is financial in nature, or incidental to financial activities. Includes among such activities any investments, lending, insurance, securities transactions, certain financial operations abroad, and ownership or control of banking interests. Requires an FHC to make assurances that risk management procedures adequately protect insured depository institution subsidiaries, including reasonable measures to preserve separate corporate identity and limited liability. Mandates notification to the Board of certain large business combinations with FHCs or wholesale FHCs. Cites circumstances under which an FHC (and its foreign counterpart) may engage in nonfinancial activities. Permits FHCs which were not BHCs or foreign banks before becoming FHCs to retain limited non-financial activities and affiliations. Sets forth cross-marketing restrictions for FHC-controlled depository institutions. (Sec. 104) Preempts State anti-affiliation laws restricting transactions among insured depository institutions, wholesale financial institutions, insurance concerns, and national banks. Cites exceptions to such preemption, especially for State regulation of the business of insurance, including the retention of State capitalization requirements for an insurance entity acquired by another entity, and specified consumer protections. Declares that this Act shall not affect State antitrust and general corporate law. Retains State oversight authority over specified financial activities other than insurance. Prohibits State regulation of the insurance activities of an insured depository institution or wholesale financial institution in any way that discriminates adversely between insured depository institutions or wholesale financial institutions and other entities engaged in insurance activities. (Sec. 105) Requires that mutual bank holding companies be regulated on the same terms as bank holding companies. (Sec. 106) Amends the Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994 (RNIBBEA) to apply its prohibition against deposit production offices to interstate branches acquired or established under this Act, including all branches of a bank owned by an out-of-State BHC. (Sec. 107) Amends the Federal Deposit Insurance Act (FDIA) to apply to any branch of a bank controlled by an out-of-State BHC certain requirements for branch closures by an interstate bank. (Sec. 108) Authorizes well-capitalized and well-managed limited purpose banks to engage in any banking activity. (Maintains the restriction that such banks may accept demand deposits or make commercial loans, but not both.) Prohibits such banks from permitting any overdraft (including intraday overdrafts), or incurring overdrafts in their accounts at a Federal Reserve Bank, on behalf of an affiliate, with certain exceptions. Permits such banks to: (1) issue corporate credit cards; (2) cross market affiliates; and (3) avoid divestiture by correcting violations within six months of receiving notice from the Board. (Sec. 109) Directs the Federal Trade Commission (FTC) to present interim reports to the Congress regarding an ongoing multistage study of consumer privacy issues. (Sec. 110) Directs the Comptroller General to study and report to the Congress on the projected impact that the enactment of this Act will have on financial institutions with total assets of $100 million or less. Subtitle B: Streamlining Supervision of Financial Holding Companies - Prohibits the Board from imposing any capital or capital adequacy criteria upon a non-depository institution FHC subsidiary that is in compliance with State or Federal capitalization rules, or is registered under the Investment Advisers Act of 1940. Prohibits the Board, in developing capital adequacy requirements, from taking into consideration any affiliated investment company which is not a bank holding company nor controlled by one holding 25 percent or more shares of the investment company worth more than $1 million. (Sec. 111) Authorizes the Board to transfer its BHC oversight authority to the appropriate Federal banking agency if a BHC is not significantly engaged in non-banking activities. Mandates Board deference to the SEC and relevant State securities and insurance authorities with respect to interpretations and enforcement of activities (functional regulation) within their respective jurisdictions. (Sec. 112) Provides that a declaration filed by a company seeking to be an FHC shall satisfy BHC registration requirements but not any requirement to file an application to acquire a bank. Revises BHCA divestiture procedures to permit a BHC to elect divestiture of either a nonbanking subsidiary or an insured depository institution. (Sec. 113) Declares ineffective and non-enforceable any Board actions requiring an insurance company BHC or a registered securities broker-dealer BHC to provide assets to a subsidiary insured depository institution if the State insurance authority, or the SEC, determines in writing that such actions would have a material adverse effect on the BHC's financial condition. Permits the Board to order divestiture of the subsidiary in lieu of other action. (Sec. 114) Authorizes the Board to restrict relationships or transactions between: (1) a BHC depository institution subsidiary and its affiliates (other than a subsidiary of the institution); and (2) a foreign bank and its U.S. affiliates. (Sec. 115) Grants the SEC exclusive authority to examine and inspect any non-BHC registered investment company. Prohibits a Federal banking agency from inspecting or examining such a non-BHC company. Permits the Federal Deposit Insurance Corporation (FDIC) to examine the affiliate of an insured depository institution in order to disclose fully the impact of their relationship upon such institution. (Sec. 116) Prohibits the Board from taking any action under the BHCA or the FDIA against a BHC-regulated subsidiary unless it is necessary to prevent or redress an unsafe or unsound practice or breach of fiduciary duty by the subsidiary that poses a material risk to the financial safety, soundness or stability of an affiliated depository institution or to the domestic or international payment systems. (Sec. 117) Declares it is the intent of the Congress that the Board and State insurance regulators should: (1) coordinate their respective supervision of companies that control a depository institution and a company engaged in insurance activities; and (2) share relevant information on a confidential basis (including information regarding the financial health of the consolidated organization, and transactions and relationships between insurance companies and affiliated depository institutions). States that Federal banking agencies for depository institutions should also share information with State insurance regulators on a confidential basis regarding transactions and relationships between depository institutions and affiliated companies engaged in insurance activities. Sets forth guidelines for such information exchange and confidentiality. (Sec. 118) Declares that BHCA restrictions placed upon Board authority over bank holding companies and their nonbank subsidiaries shall also limit the authority of the FDIC with respect to such companies and their nonbank subsidiaries. (Sec. 119) Amends the FDIA to prohibit the use of the Bank Insurance Fund (BIF) and the Savings Association Insurance Fund (SAIF) to benefit any affiliates or subsidiaries of certain insured depository institutions in receivership, in default, or in danger of default, or of any insured depository institution in such circumstances that is acquiring another insured depository institutions. Subtitle C: Subsidiaries of National Banks - Amends Federal law governing national banks to prohibit a subsidiary of a national bank from engaging in any activity, or owning any shares of a company engaged in any activity, that a national bank is not permitted to engage in directly, or that is conducted under terms or conditions other than those that would govern the conduct of the activity by a national bank. Authorizes a national bank to own a subsidiary engaged in activities that are not permissible for a national bank only if a national bank is specifically authorized by the express terms of a Federal statute to own or control the subsidiary. (Sec. 121) Authorizes a national bank, with Comptroller of the Currency approval, to control a company that engages in agency activities determined to be financial in nature or incidental to such activities if: (1) the company engages in such activities solely as agent and not directly or indirectly as principal; and (2) the national bank and all its depository institution affiliates are well-capitalized and well-managed and have achieved a satisfactory or better rating under the Community Reinvestment Act of 1977 (CRA) at the institution's most recent examination. (Sec. 122) Amends Federal criminal law to proscribe misrepresentations regarding depository institution liability for obligations of affiliates. (Sec. 123) Amends the Federal Reserve Act to repeal: (1) the Board's power to restrict the percentage of individual bank capital and surplus represented by loans secured by stock or bond collateral; and (2) the Board's duty to establish such restrictions with a view to preventing the undue use of bank loans for the speculative carrying of securities. Subtitle D: Holding Companies; Wholesale Financial Institutions - Chapter 1: Wholesale Financial Holding Companies - Sets forth a statutory mechanism for regulation of wholesale financial holding companies that do not control a bank other than a wholesale financial institution (WFI) or specified, limited-purpose institutions. Requires such a company to be a registered bank holding company predominantly engaged in certain financial activities, and in control of one or more WFIs. Specifies the limits of Board examinations of such companies. (Sec. 131) Prohibits the Board, in developing capital adequacy requirements, from taking into consideration any affiliated investment company which is not a bank holding company nor controlled by one holding 25 percent or more shares of the investment company worth more than $1 million. Specifies the kinds of nonfinancial activities in which Board-supervised companies may engage. Sets forth guidelines for the treatment of certain nonfinancial investments and affiliations of foreign banks operating within the United States as Board-supervised wholesale financial holding companies. Chapter 2: Wholesale Financial Institutions - Amends the Revised Statutes to permit a national bank to operate as a noninsured national WFI subject to FRA and the regulatory authority of the Comptroller of the Currency. Amends FRA to prescribe procedural guidelines for State bank membership as a noninsured WFI in the Federal Reserve System, subject to FDIA enforcement authority and prompt corrective action requirements. Subjects such institutions to the Community Reinvestment Act of 1977 only if the WFI has an affiliate that is an insured depository institution or that operates an insured branch. (Sec. 136) Prohibits a WFI from receiving initial deposits of $100,000 or less except on an incidental and occasional basis. Limits incidental deposits of $100,000 or less to a maximum five percent of a WFI's total deposits. Sets forth capital and managerial requirements for certain WFIs controlled by companies under the jurisdiction of either the SEC or the BHCA. Empowers the Comptroller of the Currency (in the case of a national WFI), and the Board to direct a WFI conservator or receiver to file a petition under title II of the Federal bankruptcy code. Amends FDIA to prescribe procedures whereby an insured State-chartered bank or a national bank may voluntarily terminate its status as an insured depository institution. Requires any such terminated bank to become a WFI in order to accept any deposits. Amends Federal bankruptcy law to prescribe WFI liquidation guidelines. Subtitle E: Preservation of FTC Authority - Amends the BHCA to require the Board to notify the FTC of its approval of a proposed acquisition, merger, or consolidation which involves acquisition of nonbanking interests. (Sec. 142) Directs certain Federal banking agencies to make data available to the Attorney General and the FTC that they deem necessary for antitrust review under specified statutes. (Sec. 143) Excludes from FTC jurisdiction any nondepository institution subsidiary or affiliate of a bank or savings association. Amends the Clayton Act to apply its premerger notification and waiting period requirements to any portion of a merger or acquisition transaction that does require notice under BHCA but does not require approval. (Sec. 144) Instructs the Comptroller General to report annually to the Congress on market concentration in the financial services industry and its impact on consumers. Subtitle F: Applying the Principles of National Treatment and Equality of Competitive Opportunity to Foreign Banks and Foreign Financial Institutions - Amends the International Banking Act of 1978 (IBA) to terminate the grandfathered authority of a foreign bank or company under the IBA to engage in any financial activity, if it files a BHCA declaration to function as a qualified BHC (QBHC). (Consequently, foreign banks with grandfathered affiliates would be permitted to keep them on the same terms and conditions that govern domestic banking organizations.) (Sec. 152) Amends the FDIA to allow insured foreign banks and foreign WFIs to terminate deposit insurance voluntarily in the same manner and to the same extent as insured State or national banks. (Sec. 153) Amends the International Banking Act of 1978 to authorize the Board to examine any affiliate of a foreign bank conducting business in any State in which the Board deems it necessary to determine and enforce compliance with Federal banking law. Subtitle G: Federal Home Loan Bank System Modernization - Federal Home Loan Bank System Modernization Act of 1998 - Amends the Federal Home Loan Bank Act (FHLBA) to expand Federal Home Loan Bank (FHLB) membership parameters to make a Federal savings association's membership in the FHLB system voluntary instead of mandatory. Permits such an association to withdraw its membership (currently such withdrawal is prohibited). (Sec. 164) Modifies guidelines governing long-term advances to: (1) allow advances to any community financial institution for small businesses, agricultural, rural development, or low-income community development lending; (2) make the cash (as well as the deposits) of an FHLB eligible collateral for securing a bank's interest in a loan or advance; and (3) repeal the 30 percent of capital cap on the aggregate amount of outstanding advances secured by real estate related collateral. Includes within the categories of collateral eligible for bank loan secured loans for small business, agriculture, rural development, or low-income community development, or securities representing a whole interest in such secured loans, in the case of any community financial institution. Authorizes an FHLB to renew certain advances on its own determination without concurrence by the Federal Housing Finance Board (FHFB). Requires an FHLB member with an advance secured by insufficient eligible collateral to reduce its level of outstanding advances according to a schedule determined by the FHLB (currently, by the FHF Board). Authorizes such Board to: (1) review the collateral standards applicable to each Federal home loan bank for designated classes of collateral; and (2) require an increase in such standards for safety and soundness purposes. (Sec. 165) Revises eligibility criteria to permit certain community financial institutions to gain FHLB membership regardless of the percentage of total assets represented by residential mortgage loans. (Sec. 166) Amends the FHLBA to increase from two years to four years the term of an elective director of a Federal home loan bank. Repeals the mandates for: (1) a procedure for informal review of certain supervisory decisions; and (2) the Housing Opportunity Hotline program. Repeals: (1) the prohibition against an FHLB's acquisition of a bank building by purchase or over ten-year lease; (2) the requirement for FHFB approval of personnel decisions as well as the exercise of corporate powers by any FHLB; and (2) authorization for an FHLB president to be a member of the FHLB board. Grants the FHFB power to: (1) issue charges upon an FHLB or any executive officer or director for violation of law or regulation in connection with the granting of any application or other request by the bank, or any written agreement between the bank and the FHFB, and take affirmative action to correct conditions resulting from violations or practices, or to limit FHLB activities; (2) address insufficiencies in capital levels resulting from automatic membership of a Federal savings association in the local FHLB; and (3) sue and be sued. Repeals FHFB jurisdiction to approve the granting by an FHLB of a member's application to secure an advance. Expands the mandate of FHLB Affordable Housing Programs to include providing subsidies (in addition to subsidized interest rates) on advances for member lending for low- and moderate-income housing. Authorizes each FHLB board of directors to approve member requests for Affordable Housing Program subsidies. Revises guidelines governing reserves and dividends to permit dividend payments out of previously retained earnings or current net earnings (currently, only out of net earnings). Repeals the requirement for: (1) FHFB approval for such dividend payments; and (2) investment of FHLB reserves exclusively in U.S. obligations or certain other Federal Government-related securities. (Sec. 167) States that FHLB payments to the Resolution Funding Corporation to cover interest payments on obligations shall be a specified percentage of net earnings (currently an aggregate sum certain). Subtitle H: Direct Activities of Banks - Amends Federal banking law to provide that limitations placed on securities transactions by a national banking association for its own account do not apply to State, local, or municipal bond transactions by a well-capitalized national banking association. Subtitle I: Deposit Insurance Funds - Directs the Board of Directors of the Federal Deposit Insurance Corporation to study and report to the Congress on specified issues regarding the BIF and the SAIF, including their safety and soundness, and the adequacy of their reserve requirements in light of mergers and consolidations within the industry. (Sec. 187) Amends the FDIA and the Deposit Insurance Funds Act of 1996 to eliminate the Special Reserve of the Savings Association Insurance Fund (SAIF), and the Deposit Insurance Fund (DIF), respectively (established to provide emergency funds if the reserve ratio of either fund remains below 50 percent of its designated ratio for one year). Subtitle J: Effective Date of Title - Sets forth the effective date of Title I of this Act. Title II: Functional Regulation - Subtitle A: Brokers and Dealers - Amends the Securities Exchange Act of 1934 (Exchange Act) to include certain bank activities within the definition of "broker" and "dealer" (thus subjecting them to registration requirements and regulation under the Exchange Act). (Sec. 203) Requires a registered securities association to create a limited qualification category, without a testing requirement, for certain bank employees effecting sales as part of a non-public primary securities offering (private placement sales). (Sec. 204) Amends the FDIA to direct the appropriate Federal banking agencies to: (1) promulgate regulations and complaint procedures applicable to retail transactions, solicitations, advertising, or offers of any security by any insured depository institution or affiliate other than a registered broker or dealer; (2) jointly establish a grievance process for customer complaints against banks or bank employees arising in connection with securities sales or purchases; and (3) establish recordkeeping requirements for banks relying on exceptions and exemptions from the definitions of broker and dealer under the Exchange Act. (Sec. 206) Defines traditional banking product. Amends the Securities Exchange Act of 1934 to authorize the SEC to determine by regulation that a bank that effects transaction in, or buys or sells, a new product should be subject to certain registration requirements. Sets forth procedural guidelines for the filing of a petition for judicial review by the Board of Governors of the Federal Reserve System or any aggrieved party. (Sec. 207) Amends the Securities Exchange Act of 1934 to define: (1) derivative instrument so as to exclude a traditional banking product; (2) qualified investor; and (3) government security, so as to include a qualified Canadian government obligation. Subtitle B: Bank Investment Company Activities - Amends the Investment Company Act of 1940 to authorize the SEC to prescribe conditions under which a bank or its affiliate serving as promoter, organizer, or principal underwriter for a registered management company or a registered unit investment trust may also serve as custodian of such company or trust. Permits the SEC to bring a civil action against a custodian for a registered investment company for breach of fiduciary duty involving personal misconduct. (Sec. 212) Declares it is unlawful for an affiliate, promoter, or principal underwriter for a registered investment company to lend to it or its subsidiaries in contravention of SEC prescriptions. (Sec. 213) Modifies the definition of "interested person" to identify transactions, services, and loans taking place during the six months preceding determination of an interested person which would make a person an affiliated person of a broker or dealer. Prohibits a registered investment company from having a majority of its board of directors consisting of personnel or senior officers of the subsidiaries of any one bank, or of any single BHC, its affiliates and subsidiaries. (Sec. 214) Modifies guidelines pertaining to unlawful misrepresentation of guarantees and the deceptive use of names. (Sec. 215) Modifies the definition of "broker" to exclude any person who would be deemed a broker solely by reason of the fact that such person is an underwriter for one or more investment companies. (Sec. 216) Modifies the definition of "dealer" to exclude an insurance or an investment company. (Sec. 217) Amends the Investment Advisers Act of 1940 to modify the definition of investment adviser to remove the exclusion for banks that advise investment companies. Revises the definitions of broker and dealer. (Sec. 220) Mandates interagency sharing between the appropriate Federal banking agency and the SEC of examination results and other information pertaining to the investment advisory activities of a registered BHC and its separately identifiable departments or divisions. (Sec. 221) Amends the Securities Act of 1933 and the Securities Exchange Act of 1934 to revise the exclusion from their purview of certain bank common trust funds to specify the exclusion of any interest or participation in any common trust fund or similar fund that is excluded from the definition of "investment company" under the Investment Company Act of 1940. Amends the Investment Company Act of 1940 to revise such exclusion guidelines for certain bank common trust funds. (Sec. 222) Amends the Investment Company Act of 1940 to prescribe circumstances under which an investment adviser holding shares of an investment company in a fiduciary capacity must transfer the power to vote such shares to the beneficial owners or to another non-affiliated fiduciary. Subtitle C: SEC Supervision of Investment Bank Holding Companies - Amends the Securities Exchange Act of 1934 to permit certain investment bank holding companies that do not have a bank or savings association affiliate to elect SEC supervision. (Sec. 231) Provides for voluntary withdrawal from SEC supervision by specified investment bank holding companies. Sets forth the parameters of SEC supervision of investment bank holding companies, including authority to set capital adequacy standards. Instructs the SEC, in developing its rules, to consider use of debt and other liabilities (double leverage) by the supervised investment BHC in order to fund capital investments in affiliates. Prohibits the SEC from imposing capital adequacy requirements on regulated nonbanking entities (other than a broker or a dealer) that are in compliance with the capital requirements of another Federal regulatory body or State insurance authority. Mandates SEC deference to appropriate regulatory banking agencies and State insurance regulators with respect to the banking and insurance laws under their purviews. Grants the SEC backup inspection authority for certain wholesale financial holding companies for monitoring and compliance enforcement purposes. Subtitle D: Studies - Directs the Comptroller General to report to the Congress on the efficacy, costs, and benefits of requiring a federally-insured depository institution to disclose to its retail consumers through the use of a logo or seal that its investment or insurance products are not FDIC-insured. (Sec. 242) Directs the Comptroller General to report to the Congress regarding the efficacy and benefits of uniformly limiting commissions and costs incurred by customers in the acquisition of financial products. Title III: Insurance - Subtitle A: State Regulation of Insurance - Declares that the McCarran-Ferguson Act remains the law of the United States. (Sec. 302) Mandates: (1) State licensure of any entity providing insurance in a State as principal or agent; and (2) State functional regulation of insurance sales activity. (Sec. 304) Prohibits a national bank and its subsidiaries from providing insurance as principal in a State, except for certain authorized products (which may not include title insurance or taxable annuity contracts). (Sec. 305) Prohibits national banks and subsidiaries from selling or underwriting title insurance, except for certain grandfathered banks and subsidiaries already doing so. (Sec. 306) Establishes expedited dispute resolution for regulatory conflicts between State insurance regulators and Federal financial regulators. (Sec. 307) Requires each Federal banking agency to: (1) issue consumer protection regulations (including physical segregation of banking activities from insurance product activities); and (2) prohibit discrimination against victims of domestic violence. Expresses the sense of the Congress that the States should adopt regulations prohibiting such discrimination regarding insurance products that are at least as strict as those under this Act. Mandates that the Federal banking agencies jointly establish a consumer complaint mechanism to address violations of this Act expeditiously. (Sec. 308) Preempts State law restricting: (1) insurance companies or insurance affiliates from becoming a financial holding company or acquiring control of a bank; and (2) the amount of an insurer's assets that can be invested in a bank (except that the insurer's State of domicile may limit such investments to five percent (or any higher threshold) of the insurer's admitted assets). Preempts State laws that restrict reorganization by an insurer from mutual form to stock form. Subtitle B: Redomestication of Mutual Insurers - Applies this title only to a mutual insurance company in a State which has not enacted a law expressly establishing reasonable terms for a mutual insurance company domiciliary to reorganize into a mutual holding company. (Sec. 312) Authorizes a mutual insurer organized under the laws of any State to transfer its domicile to another State pursuant to a reorganization in which such insurer becomes a stock insurer that is a subsidiary of a mutual holding company. Requires prospective redomesticating insurers to comply with specified reorganization requirements of the State insurance regulator of the transferee domicile. Preempts State laws restricting such redomestication. Subtitle B: National Association of Registered Agents and Brokers - Sets forth a regulatory framework for uniform multistate licensing for insurance sales practices, to take effect only if a majority of the States have not enacted uniform laws and regulations governing the licensure of insurance sales by individuals and entities within three years after enactment of this Act. (Sec. 322) Establishes the National Association of Registered Agents and Brokers (the Association) as a non-profit, non-Federal agency, to provide a mechanism for uniform licensing, appointment, continuing education, and other insurance producer sales qualification requirements which can be adopted and applied on a multistate basis, while preserving the right of States to regulate insurance producers and insurance-related consumer protection and unfair trade practices. (Sec. 324) Subjects the Association (which shall not be considered a Federal agency or instrumentality) to regulation by the National Association of Insurance Commissioners (NAIC). Requires the Association to establish an office of consumer complaints. Vests management of the Association in a board of directors. Cites circumstances under which Association rules preempt State regulation of insurance producers. Requires the Association to coordinate with the National Association of Securities Dealers in order to mitigate administrative burdens that may result from dual membership. Title IV: Unitary Savings and Loan Holding Companies - Amends the Home Owners' Loan Act to prohibit new affiliations between savings and loan holding companies and certain commercial firms, except in specified circumstances. (Sec. 402) Permits Federal savings associations to convert into national banks if the resulting bank meets all applicable financial, management, and capital requirements. (Sec. 403) Amends specified Federal law to declare that any depository institution the charter of which is converted from that of a Federal savings association to a national bank or a State bank after enactment of this Act may retain the term "Federal" in its name so long as it remains an insured depository institution. Title V: Financial Information Privacy - Financial Information Privacy Act of 1998 - Amends the Consumer Credit Protection Act to: (1) specify the types of enterprises constituting a financial institution within its purview; and (2) authorize the Federal Trade Commission (FTC) to prescribe regulations clarifying or describing the types of institutions which shall be treated as financial institutions for purposes of this Act. (Sec. 501) Declares it a violation of this Act to obtain or solicit customer information of a financial institution relating to another person under false pretenses with intent to deceive. Exempts from such proscription: (1) law enforcement agencies; (2) financial institutions engaged in testing security procedures, investigating misconduct or negligence, or recovering customer information obtained or received under false pretenses; as well as (3) customer information of financial institutions available as a public record under Federal securities laws. Grants the FTC, certain banking regulatory agencies, and the States enforcement powers under this Act. Subjects violations of this Act to Federal civil and criminal penalties. Requires each Federal banking agency to issue advisories to the depository institutions under its jurisdiction relating to the deterrence and detection of the activities proscribed by this Act. Requires the Comptroller General to report to the Congress: (1) on the efficacy and adequacy of the remedies provided in this Act addressing attempts to obtain financial information by fraudulent means or by false pretenses; and (2) any recommendations for additional action to address threats to the privacy of financial information created by such attempts. Title VI: Miscellaneous - Amends Federal criminal law to cite circumstances under which a court may direct disclosure of grand jury information concerning a banking law violation to certain personnel of a Federal or State financial institution. (Sec. 602) Expresses the sense of the Senate Committee on Banking, Housing, and Urban Affairs that: (1) the small business tax provisions of the Internal Revenue Code should be more widely available to community banks; and (2) in conjunction with any financial modernization legislation the Congress should amend the Code for certain purposes. Urges such legislation to: (1) increase the number of S corporation shareholders; (2) permit S corporation stock to be held in individual retirement accounts (IRAs); (3) clarify that interest on investments held for safety, soundness, and liquidity purposes should not be considered passive income; (4) provide that bank director stock is not treated as a disqualifying second class of stock for S corporations; and (5) improve the tax treatment of bad debt and interest deductions. (Sec. 603) Amends the Federal Deposit Insurance Act to permit a depository institution to continue any lawful investments in Government-sponsored enterprises made before April 11, 1996. (Sec. 604) Amends the BHCA of 1956 to repeal certain authority, requirements, and restrictions relating to insurance activities of savings bank subsidiaries of bank holding companies. (Sec. 605) Declares that the vice chairman of the Board of Governors of the Federal Reserve System may serve as a member of the District of Columbia Financial Responsibility and Management Assistance Authority. (Sec. 606) Amends the Riegle Community Development and Regulatory Improvement Act of 1994 to add to title I a new subtitle C, which may be cited as the Program for Investment in Microentrepreneurs Act of 1998. Directs the Administrator of the Community Development Financial Institutions Fund (Administrator) to establish a microenterprise technical assistance and capacity building program to provide Fund grants to qualified nonprofit organizations to: (1) provide training and technical assistance to disadvantaged entrepreneurs; (2) provide training and capacity building services to help microenterprise development organizations and programs develop microenterprise training and services; and (3) aid in researching and developing the best practices in the field of microenterprise and technical assistance programs for disadvantaged entrepreneurs. Sets forth an allocation formula for such assistance and for grants benefitting very low-income persons, including those residing on Indian reservations. Authorizes a qualified organization to provide subgrants to small and emerging microenterprise entities. Mandates matching funds from non-Federal sources. Authorizes appropriations.
Bill· HRH.R. 4842 (105th)referred
United States · United States Congress · 15 October 1998
Directs the Secretary of Agriculture to release U.S. reversionary interests in four deeds that conveyed certain lands within the Blackwater River and Withlacoochee State Forests in Florida. Requires lands conveyed under the deeds to be used for public purposes. Authorizes the Secretary to convey to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida all of the U.S. mineral interests in any real property for which a reversionary interest is released. Provides for any proceeds derived from the sale of these mineral interests to be deposited into the fund established by the Sisk Act and to be available for expenditure, upon appropriation, for the acquisitions of lands and interests in lands in the same State.
Bill· HRH.R. 4828 (105th)referred
United States · United States Congress · 13 October 1998
Amends the Poultry Products Inspection Act to include within the definition of poultry birds of the order Ratitae (ostriches, emus, rheas) that are raised for commercial distribution as human food.
Bill· HRH.R. 4816 (105th)referred
United States · United States Congress · 12 October 1998
TABLE OF CONTENTS: Title I: Valles Caldera National Preserve and Trust Title II: Acquisition of Inholdings and Disposal of Surplus Land Title I: Valles Caldera National Preserve and Trust - Valles Caldera Preservation Act - Authorizes the Secretary of Agriculture to acquire all or part of the Baca ranch in New Mexico. Provides for the subsequent addition of such land to the Bandelier National Monument, under the administrative jurisdiction of the Secretary of the Interior. Authorizes the Secretary of the Interior to utilize funds appropriated for the National Park Service to acquire the Elk Meadows subdivision within the boundary adjusted to encompass the ranch addition. Directs the Secretary of Agriculture to: (1) develop a study of management alternatives which may provide more coordinated land management within the Lower Alamo watershed, allow for improved management of elk and other wildlife populations ranging between the Santa Fe National Forest and the Bandelier National Monument, and include a proposed boundary adjustment between such Forest and Monument to facilitate those objectives; and (3) submit the study to specified congressional committees. Makes the acquisition of the ranch subject to all outstanding valid existing mineral interests. Directs the Secretary to negotiate the acquisition of any fractional interest in the subsurface estate on a willing seller basis for the appraised fair market value. (Sec. 105) Establishes: (1) upon the date of acquisition of the Baca ranch, the Valles Caldera National Preserve as a unit of the National Forest System; and (2) the Valles Caldera Trust, as a wholly owned Government corporation, to provide management and administrative services for the Preserve and for other specified purposes. (Sec. 107) Requires the Trust: (1) to be governed by a seven member Board of Trustees; and (2) to manage the land and resources of the Preserve, subject to specified requirements, including development of a comprehensive program for the management of lands, resources, and facilities within the Preserve. Authorizes the Trust to construct and upgrade roads and bridges and provide other facilities for recreational activities. Directs that the public be given reasonable access to the Preserve for recreational purposes. (Sec. 109) Sets forth provisions regarding authorities of the Secretary, termination of the Trust, and funding limitations. (Sec. 112) Requires the General Accounting Office to conduct an interim study, and a subsequent study, of the activities of the Trust. Title II: Acquisition of Inholdings and Disposal of Surplus Land - Acquisition of Inholdings and Disposal of Surplus Lands Facilitation Act - Directs the Secretaries of the Interior and Agriculture to: (1) establish a multi-agency evaluation team to identify, by State, inholdings within federally designated areas and establish the dates upon which the lands or interests therein became inholdings; and (2) provide notice to the public in the Federal Register, and through other means as deemed appropriate, of a program of identification of inholdings within federally designated areas by which any owner who wants to sell such an inholding to the United States shall provide to the Secretaries such information as is required by the notice. Sets forth reporting and funding requirements. (Sec. 205) Directs the Secretary of the Interior to establish a program to complete appraisals and other legal requirements for the sale or exchange of land identified for disposal under approved land use plans maintained and in effect on this title's enactment date. Sets forth reporting and program termination requirements. (Sec. 206) Requires that gross proceeds generated by the sale or exchange of public land under this title be deposited in a Federal Land Disposal Account of the Treasury. (Sec. 207) Sets forth provisions regarding use of the Account, contaminated sites and sites difficult and uneconomic to manage, investment of principal, and program termination.
Bill· SS. 2622 (105th)referred
United States · United States Congress · 10 October 1998
TABLE OF CONTENTS: Title I: Extension of Expiring Provisions Subtitle A: Tax Provisions Subtitle B: Trade Provisions Title II: Other Tax Provisions Title III: Revenue Offset Title IV: Technical Corrections Tax Extension Act of 1998 - Title I: Extension of Expiring Provisions - Subtitle A: Tax Provisions - Amends the Internal Revenue Code (IRC) to temporarily extend provisions concerning the: (1) research credit; (2) work opportunity credit; (3) welfare-to-work credit; (4) contribution of stock to private foundations; (5) subpart F exemption for active financing income; (6) credit for producing fuel from a nonconventional source; and (7) disclosure of return information on income contingent student loans. Subtitle B: Trade Provisions - Amends the Trade Act of 1974 to extend the Generalized System of Preferences through December 31, 1999. Amends the Trade Act of 1974 to authorize appropriations for trade adjustment assistance (TAA) for workers, firms, and the training of workers adversely affected by import competition under the North American Free Trade Agreement transitional adjustment assistance program. Terminates the TAA programs July 1, 1999. Title II: Other Tax Provisions - Provides, starting January 1, 2002, for the deduction of 100 percent of the health insurance costs of self-employed individuals. Amends the Agricultural Market Transition Act to disregard specified payment options provided by the Emergency Farm Financial Relief Act. Permanently extends income averaging for farmers. Allows, for taxable year 1998, nonrefundable personal credits to fully offset regular tax liability. Title III: Revenue Offset - Amends provisions concerning liquidation of corporate subsidiaries to provide that if a corporation receives a distribution from a regulated investment company or a real estate investment trust which is considered as being in complete liquidation of such company or trust, then, notwithstanding other specified IRC provisions, such corporation shall recognize and treat as a dividend from such company or trust an amount equal to the deduction for dividends paid allowable to such company or trust by reason of such distribution. Title IV: Technical Corrections - Revises provisions of the IRC, the Internal Revenue Service Restructuring and Reform Act of 1998, the Taxpayer Relief Act of 1997, the Tax Reform Act of 1984, the Transportation Equity Act for the 21st Century, and title II (Old Age, Survivors and Disability Insurance) of the Social Security Act.
Bill· SS. 2621 (105th)referred
United States · United States Congress · 10 October 1998
TABLE OF CONTENTS: Title I: Valles Caldera National Preserve and Trust Title II: Acquisition of Inholdings and Disposal of Surplus Land Title I: Valles Caldera National Preserve and Trust - Valles Caldera Preservation Act - Authorizes the Secretary of Agriculture to acquire all or part of the Baca ranch in New Mexico. Provides for the subsequent addition of such land to the Bandelier National Monument, under the administrative jurisdiction of the Secretary of the Interior. Authorizes the Secretary of the Interior to utilize funds appropriated for the National Park Service to acquire the Elk Meadows subdivision within the boundary adjusted to encompass the ranch addition. Directs the Secretary of Agriculture to: (1) develop a study of management alternatives which may provide more coordinated land management within the Lower Alamo watershed, allow for improved management of elk and other wildlife populations ranging between the Santa Fe National Forest and the Bandelier National Monument, and include a proposed boundary adjustment between such Forest and Monument to facilitate those objectives; and (3) submit the study to specified congressional committees. Makes the acquisition of the ranch subject to all outstanding valid existing mineral interests. Directs the Secretary to negotiate the acquisition of any fractional interest in the subsurface estate on a willing seller basis for the appraised fair market value. (Sec. 105) Establishes: (1) upon the date of acquisition of the Baca ranch, the Valles Caldera National Preserve as a unit of the National Forest System; and (2) the Valles Caldera Trust, as a wholly owned Government corporation, to provide management and administrative services for the Preserve and for other specified purposes. (Sec. 107) Requires the Trust: (1) to be governed by a seven member Board of Trustees; and (2) to manage the land and resources of the Preserve, subject to specified requirements, including development of a comprehensive program for the management of lands, resources, and facilities within the Preserve. Authorizes the Trust to construct and upgrade roads and bridges and provide other facilities for recreational activities. Directs that the public be given reasonable access to the Preserve for recreational purposes. (Sec. 109) Sets forth provisions regarding authorities of the Secretary, termination of the Trust, and funding limitations. (Sec. 112) Requires the General Accounting Office to conduct an interim study, and a subsequent study, of the activities of the Trust. Title II: Acquisition of Inholdings and Disposal of Surplus Land - Acquisition of Inholdings and Disposal of Surplus Lands Facilitation Act - Directs the Secretaries of the Interior and Agriculture to: (1) establish a multi-agency evaluation team to identify, by State, inholdings within federally designated areas and establish the dates upon which the lands or interests therein became inholdings; and (2) provide notice to the public in the Federal Register, and through other means as deemed appropriate, of a program of identification of inholdings within federally designated areas by which any owner who wants to sell such an inholding to the United States shall provide to the Secretaries such information as is required by the notice. Sets forth reporting and funding requirements. (Sec. 205) Directs the Secretary of the Interior to establish a program to complete appraisals and other legal requirements for the sale or exchange of land identified for disposal under approved land use plans maintained and in effect on this title's enactment date. Sets forth reporting and program termination requirements. (Sec. 206) Requires that gross proceeds generated by the sale or exchange of public land under this title be deposited in a Federal Land Disposal Account of the Treasury. (Sec. 207) Sets forth provisions regarding use of the Account, contaminated sites and sites difficult and uneconomic to manage, investment of principal, and program termination.
Resolution· HCONRESH.Con.Res. 348 (105th)referred
United States · United States Congress · 10 October 1998
Urges the President and appropriate representatives of the Government of Chile to engage in negotiations to conclude a free trade agreement between the United States and Chile in the absence of fast track authority. Urges the President, in conducting such negotiations, to: (1) assess whether U.S. tariffs on agriculture products that were bound under the Uruguay Round Agreements are lower than the tariffs bound by Chile; (2) consult with the Congress on whether it is appropriate for the United States to agree to further tariff reductions based on such assessment; and (3) consult with specified congressional committees before entering into any such trade agreement.
Bill· SS. 2606 (105th)referred
United States · United States Congress · 9 October 1998
Selective Agricultural Embargoes Act of 1998 - Amends the Agricultural Trade Act of 1978 to direct the President, if he or she takes action to embargo the export under an export sales contract of an agricultural commodity to a country that is not part of an embargo on all exports to the country, to report to the Congress, not later than five days after imposing the embargo, on the reasons for such embargo and its proposed duration. Sets forth congressional procedures for termination of the embargo. Specifies plant nutrient materials among the agricultural commodities whose export the President may not prohibit or curtail if: (1) the export sales contract for such materials is entered into before he or she announces an action that would otherwise prohibit or curtail their export; and (2) the contract terms require delivery of the materials within 270 days after the date of the suspension of trade is imposed.
Bill· SS. 2596 (105th)referred
United States · United States Congress · 9 October 1998
Amends the Federal Agriculture Improvement and Reform Act of 1996 with respect to the farmland protection program to: (1) specify that the program shall be a matching grant program carried out through eligible entities such as State and local government, Indian tribes, and nonprofit conservation organizations; (2) eliminate acreage limits; and (3) increase the existing funding cap, revising it from a total program to a fiscal year cap.
Bill· SS. 2597 (105th)referred
United States · United States Congress · 9 October 1998
Amends the Federal Agriculture Improvement and Reform Act of 1996 with respect to the farmland protection program to: (1) specify that the program shall be a matching grant program carried out through eligible entities such as State and local government, Indian tribes, and nonprofit conservation organizations; (2) eliminate acreage limits; and (3) increase the existing funding cap, revising it from a total program to a fiscal year cap.
Bill· SS. 2594 (105th)referred
United States · United States Congress · 8 October 1998
Food Safety Research Institute Establishment Act of 1998 - Mandates establishment of the Food Safety Research Institute to coordinate development of a Federal government-wide, interagency food safety research agency to measure the efficient use of food safety research resources and prevent effort duplication. Authorizes appropriations.
Bill· SS. 2590 (105th)referred
United States · United States Congress · 8 October 1998
TABLE OF CONTENTS: Title I: Facilitating Affiliation Among Securities Firms, Insurance Companies, and Depository Institutions Subtitle A: Affiliations Subtitle B: Streamlining Supervision of Financial Holding Companies Subtitle C: Subsidiaries of National Banks Subtitle E (sic): Preservation of FTC Authority Subtitle F: Applying the Principles of National Treatment and Equality of Competitive Opportunity to Foreign Banks and Foreign Financial Institutions Subtitle G: Federal Home Loan Bank System Modernization Subtitle H: Direct Activities of Banks Subtitle I: Deposit Insurance Funds Subtitle J: Effective Date of Title Title II: Functional Regulation Subtitle A: Brokers and Dealers Subtitle B: Bank Investment Company Activities Subtitle C: Securities and Exchange Commission Supervision of Investment Bank Holding Companies Subtitle D: Studies Title III: Insurance Subtitle A: State Regulation of Insurance Subtitle B: National Association of Registered Agents and Brokers Title IV: Unitary Savings and Loan Holding Companies Title V: Financial Information Privacy Title VI: Miscellaneous Financial Services Act of 1998 - Title I: Facilitating Affiliation Among Securities Firms, Insurance Companies, and Depository Institutions - Subtitle A: Affiliations - Amends the Banking Act of 1933 (Glass-Steagall Act) to repeal the prohibitions: (1) against affiliation of any Federal Reserve member bank with an entity engaged principally in securities activities (securities affiliate); and (2) against simultaneous service by any officer, director, or employee of a securities firm as an officer, director, or employee of any member bank (interlocking directorates). (Sec. 102) Amends the Bank Holding Company Act of 1956 (BHCA) to exempt from its prohibition against interests in nonbanking organizations the shares of any company whose activities had been determined by the Board of Governors of the Federal Reserve System (the Board), as of the day before the date of enactment of this Act, to be so closely related to banking as to be a proper incident thereto. (Sec. 103) Creates a statutory mechanism for the establishment of financial holding companies (FHCs) whose subsidiary depository institutions are well-capitalized and well-managed and meet other specified criteria. Instructs the Board to establish and apply comparable capital standards to a foreign bank with a subsidiary bank or commercial lending company in the United States. Permits an FHC and a Board-supervised investment bank holding company (BHC) to engage in any activity and acquire the shares of any company whose activities have been determined by the Board to be either financial in nature, or incidental to financial activities. Mandates consultation and coordination, according to specified guidelines, between the Board and the Department of the Treasury regarding determination of whether an activity is financial in nature, or incidental to financial activities. Includes among such activities any investments, lending, insurance, securities transactions, certain financial operations abroad, and ownership or control of banking interests. Requires an FHC to make assurances that risk management procedures adequately protect insured depository institution subsidiaries, including reasonable measures to preserve separate corporate identity and limited liability. Mandates notification to the Board of certain large business combinations with FHCs or wholesale FHCs. Cites circumstances under which an FHC (and its foreign counterpart) may engage in nonfinancial activities. Permits FHCs which were not BHCs or foreign banks before becoming FHCs to retain limited non-financial activities and affiliations. Sets forth cross-marketing restrictions for FHC-controlled depository institutions. (Sec. 104) Preempts State anti-affiliation laws restricting transactions among insured depository institutions, wholesale financial institutions, insurance concerns, and national banks. Cites exceptions to such preemption, especially for State regulation of the business of insurance, including the retention of State capitalization requirements for an insurance entity acquired by another entity, and specified consumer protections. Prohibits State regulation of the insurance activities of an insured depository institution or wholesale financial institution in any way that discriminates adversely between insured depository institutions or wholesale financial institutions and other entities engaged in insurance activities. (Sec. 105) Requires that mutual bank holding companies be regulated on the same terms as bank holding companies. (Sec. 106) Amends the Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994 (RNIBBEA) to apply its prohibition against deposit production offices to interstate branches acquired or established under this Act, including all branches of a bank owned by an out-of-State BHC. (Sec. 107) Amends the Federal Deposit Insurance Act (FDIA) to apply to any branch of a bank controlled by an out-of-State BHC certain requirements for branch closures by an interstate bank. (Sec. 108) Authorizes well-capitalized and well-managed limited purpose banks to engage in any banking activity. (Maintains the restriction that such banks may accept demand deposits or make commercial loans, but not both.) Prohibits such banks from permitting any overdraft (including intraday overdrafts), or incurring overdrafts in their accounts at a Federal Reserve Bank, on behalf of an affiliate, with certain exceptions. Permits such banks to: (1) issue corporate credit cards; (2) cross market affiliates; and (3) avoid divestiture by correcting violations within six months of receiving notice from the Board. (Sec. 109) Directs the Federal Trade Commission (FTC) to present interim reports to the Congress regarding an ongoing multistage study of consumer privacy issues. (Sec. 110) Directs the Comptroller General to study and report to the Congress on the projected impact that the enactment of this Act will have on financial institutions with total assets of $100 million or less. Subtitle B: Streamlining Supervision of Financial Holding Companies - Prohibits the Board from imposing any capital or capital adequacy criteria upon a non-depository institution FHC subsidiary that is in compliance with State or Federal capitalization rules, or is registered under the Investment Advisers Act of 1940. Prohibits the Board, in developing capital adequacy requirements, from taking into consideration any affiliated investment company which is not a bank holding company nor controlled by one holding 25 percent or more shares of the investment company worth more than $1 million. (Sec. 111) Authorizes the Board to transfer its BHC oversight authority to the appropriate Federal banking agency if a BHC is not significantly engaged in non-banking activities. Mandates Board deference to the SEC and relevant State securities and insurance authorities with respect to interpretations and enforcement of activities (functional regulation) within their respective jurisdictions. (Sec. 112) Provides that a declaration filed by a company seeking to be an FHC shall satisfy BHC registration requirements but not any requirement to file an application to acquire a bank. Revises BHCA divestiture procedures to permit a BHC to elect divestiture of either a nonbanking subsidiary or an insured depository institution. (Sec. 113) Declares ineffective and non-enforceable any Board actions requiring an insurance company BHC or a registered securities broker-dealer BHC to provide assets to a subsidiary insured depository institution if the State insurance authority, or the SEC, determines in writing that such actions would have a material adverse effect on the BHC's financial condition. Permits the Board to order divestiture of the subsidiary in lieu of other action. (Sec. 114) Authorizes the Board to restrict relationships or transactions between: (1) a BHC depository institution subsidiary and its affiliates (other than a subsidiary of the institution); and (2) a foreign bank and its U.S. affiliates. (Sec. 115) Grants the SEC exclusive authority to examine and inspect any non-BHC registered investment company. Prohibits a Federal banking agency from inspecting or examining such a non-BHC company. (Sec. 116) Prohibits the Board from taking any action under the BHCA or the FDIA against a BHC-regulated subsidiary unless it is necessary to prevent or redress an unsafe or unsound practice or breach of fiduciary duty by the subsidiary that poses a material risk to the financial safety, soundness or stability of an affiliated depository institution or to the domestic or international payment systems. (Sec. 117) Declares it is the intent of the Congress that the Board and State insurance regulators should: (1) coordinate their respective supervision of companies that control a depository institution and a company engaged in insurance activities; and (2) share relevant information on a confidential basis (including information regarding the financial health of the consolidated organization, and transactions and relationships between insurance companies and affiliated depository institutions). States that Federal banking agencies for depository institutions should also share information with State insurance regulators on a confidential basis regarding transactions and relationships between depository institutions and affiliated companies engaged in insurance activities. Sets forth guidelines for such information exchange and confidentiality. (Sec. 118) Declares that BHCA restrictions placed upon Board authority over bank holding companies and their nonbank subsidiaries shall also limit the authority of the Comptroller of the Currency and the Director of the Office of Thrift Supervision with respect to such companies and their nonbank subsidiaries. (Sec. 119) Amends the FDIA to prohibit the use of the Bank Insurance Fund (BIF) and the Savings Association Insurance Fund (SAIF) to benefit any affiliates or subsidiaries of certain insured depository institutions in receivership, in default, or in danger of default, or of any insured depository institution in such circumstances that is acquiring another insured depository institution. Subtitle C: Subsidiaries of National Banks - Amends Federal law governing national banks to set forth conditions under which subsidiaries of well-capitalized, well-managed national banks may, with the Comptroller of the Currency's approval, engage in financial activities impermissible for a national bank. Sets parameters within which a national bank subsidiary may underwrite non-credit related insurance, or engage in real estate or development activities. Requires a national bank that establishes or maintains a financial subsidiary to implement specified safeguards. Empowers the Comptroller of the Currency to enforce such safeguards. (Sec. 121) Permits a national bank to hold an interest in a company wholly-owned by insured depository institutions or their subsidiaries, and which engages in agency activities permissible for financial subsidiaries of national banks. (Sec. 122) Amends Federal criminal law to proscribe misrepresentations regarding depository institution liability for obligations of affiliates. (Sec. 123) Amends the Federal Reserve Act to repeal: (1) the Board's power to restrict the percentage of individual bank capital and surplus represented by loans secured by stock or bond collateral; and (2) the Board's duty to establish such restrictions with a view to preventing the undue use of bank loans for the speculative carrying of securities. (Sec. 124) Sets forth rules governing transactions between financial subsidiaries of a bank and the bank, and between such subsidiaries and nonbank affiliates. (Sec. 125) Amends the BHCA of 1956 to mandate the prior approval of the Board of Governors of the Federal Reserve System for any action that causes any bank with consolidated assets of at least $15 billion (or any group of affiliated banks with combined assets of at least $15 billion) to cease to be controlled by any bank holding company, financial holding company, or wholesale financial holding company. Subtitle E (sic): Preservation of FTC Authority - Amends the BHCA to require the Board to notify the FTC of its approval of a proposed acquisition, merger, or consolidation which involves acquisition of nonbanking interests. (Sec. 142) Directs certain Federal banking agencies to make data available to the Attorney General and the FTC that they deem necessary for antitrust review under specified statutes. (Sec. 143) Excludes from FTC jurisdiction any nondepository institution subsidiary or affiliate of a bank or savings association. Amends the Clayton Act to apply its premerger notification and waiting period requirements to any portion of a merger or acquisition transaction that does require notice under BHCA but does not require approval. (Sec. 144) Instructs the Comptroller General to report annually to the Congress on market concentration in the financial services industry and its impact on consumers. Subtitle F: Applying the Principles of National Treatment and Equality of Competitive Opportunity to Foreign Banks and Foreign Financial Institutions - Amends the International Banking Act of 1978 (IBA) to terminate the grandfathered authority of a foreign bank or company under the IBA to engage in any financial activity, if it files a BHCA declaration to function as a qualified BHC (QBHC). (Consequently, foreign banks with grandfathered affiliates would be permitted to keep them on the same terms and conditions that govern domestic banking organizations.) (Sec. 152) Amends the FDIA to allow insured foreign banks and foreign wholesale financial institutions (WFIs) to terminate deposit insurance voluntarily in the same manner and to the same extent as insured State or national banks. (Sec. 153) Amends the International Banking Act of 1978 to authorize the Board to examine any affiliate of a foreign bank conducting business in any State in which the Board deems it necessary to determine and enforce compliance with Federal banking law. Subtitle G: Federal Home Loan Bank System Modernization - Federal Home Loan Bank System Modernization Act of 1998 - Amends the Federal Home Loan Bank Act (FHLBA) to expand Federal Home Loan Bank (FHLB) membership parameters to make a Federal savings association's membership in the FHLB system voluntary instead of mandatory. Permits such an association to withdraw its membership (currently such withdrawal is prohibited). (Sec. 164) Modifies guidelines governing long-term advances to: (1) allow advances to any community financial institution for small businesses, agricultural, rural development, or low-income community development lending; (2) make the cash (as well as the deposits) of an FHLB eligible collateral for securing a bank's interest in a loan or advance; and (3) repeal the 30 percent of capital cap on the aggregate amount of outstanding advances secured by real estate related collateral. Includes within the categories of collateral eligible for bank loan secured loans for small business, agriculture, rural development, or low-income community development, or securities representing a whole interest in such secured loans, in the case of any community financial institution. Authorizes an FHLB to renew certain advances on its own determination without concurrence by the Federal Housing Finance Board (FHFB). Requires an FHLB member with an advance secured by insufficient eligible collateral to reduce its level of outstanding advances according to a schedule determined by the FHLB (currently, by the FHF Board). Authorizes such Board to: (1) review the collateral standards applicable to each Federal home loan bank for designated classes of collateral; and (2) require an increase in such standards for safety and soundness purposes. (Sec. 165) Revises eligibility criteria to permit certain community financial institutions to gain FHLB membership regardless of the percentage of total assets represented by residential mortgage loans. (Sec. 166) Amends the FHLBA to increase from two years to four years the term of an elective director of a Federal home loan bank. Repeals the mandates for: (1) a procedure for informal review of certain supervisory decisions; and (2) the Housing Opportunity Hotline program. Repeals: (1) the prohibition against an FHLB's acquisition of a bank building by purchase or over ten-year lease; (2) the requirement for FHFB approval of personnel decisions as well as the exercise of corporate powers by any FHLB; and (2) authorization for an FHLB president to be a member of the FHLB board. Grants the FHFB power to: (1) issue charges upon an FHLB or any executive officer or director for violation of law or regulation in connection with the granting of any application or other request by the bank, or any written agreement between the bank and the FHFB, and take affirmative action to correct conditions resulting from violations or practices, or to limit FHLB activities; (2) address insufficiencies in capital levels resulting from automatic membership of a Federal savings association in the local FHLB; and (3) sue and be sued. Repeals FHFB jurisdiction to approve the granting by an FHLB of a member's application to secure an advance. Expands the mandate of FHLB Affordable Housing Programs to include providing subsidies (in addition to subsidized interest rates) on advances for member lending for low- and moderate-income housing. Authorizes each FHLB board of directors to approve member requests for Affordable Housing Program subsidies. Revises guidelines governing reserves and dividends to permit dividend payments out of previously retained earnings or current net earnings (currently, only out of net earnings). Repeals the requirement for: (1) FHFB approval for such dividend payments; and (2) investment of FHLB reserves exclusively in U.S. obligations or certain other Federal Government-related securities. (Sec. 167) States that FHLB payments to the Resolution Funding Corporation to cover interest payments on obligations shall be a specified percentage of net earnings (currently an aggregate sum certain). Subtitle H: Direct Activities of Banks - Amends Federal banking law to provide that limitations placed on securities transactions by a national banking association for its own account do not apply to State, local, or municipal bond transactions by a well-capitalized national banking association. Subtitle I: Deposit Insurance Funds - Directs the Board of Directors of the Federal Deposit Insurance Corporation to study and report to the Congress on specified issues regarding the BIF and the SAIF, including their safety and soundness, and the adequacy of their reserve requirements in light of mergers and consolidations within the industry. Subtitle J: Effective Date of Title - Sets forth the effective date of Title I of this Act. Title II: Functional Regulation - Subtitle A: Brokers and Dealers - Amends the Securities Exchange Act of 1934 (Exchange Act) to include certain bank activities within the definition of "broker" and "dealer" (thus subjecting them to registration requirements and regulation under the Exchange Act). (Sec. 203) Requires a registered securities association to create a limited qualification category, without a testing requirement, for certain bank employees effecting sales as part of a non-public primary securities offering (private placement sales). (Sec. 204) Amends the FDIA to direct the appropriate Federal banking agencies to: (1) promulgate regulations and complaint procedures applicable to retail transactions, solicitations, advertising, or offers of any security by any insured depository institution or affiliate other than a registered broker or dealer; (2) jointly establish a grievance process for customer complaints against banks or bank employees arising in connection with securities sales or purchases; and (3) establish recordkeeping requirements for banks relying on exceptions and exemptions from the definitions of broker and dealer under the Exchange Act. (Sec. 206) Defines traditional banking product, and amends the Securities Exchange Act of 1934 to define a new banking product as a security that: (1) was not subject to Securities and Exchange Commission (SEC) regulation as a security before enactment of this subtitle; and (2) is not a traditional banking product. Includes as a traditional banking product any product or instrument promulgated in the Federal Register by the Board of Governors of the Federal Reserve System to be a new banking product. Prescribes procedural guidelines under which the SEC may obtain judicial review of the Board's promulgation. Requires the court to determine whether the subject product or instrument would be more appropriately regulated under either Federal banking laws or Federal securities laws. (Sec. 207) Amends the Securities Exchange Act of 1934 to define: (1) derivative instrument so as to exclude a traditional banking product; (2) qualified investor; and (3) government security, so as to include a qualified Canadian government obligation. Subtitle B: Bank Investment Company Activities - Amends the Investment Company Act of 1940 to authorize the SEC to prescribe conditions under which a bank or its affiliate serving as promoter, organizer, or principal underwriter for a registered management company or a registered unit investment trust may also serve as custodian of such company or trust. Permits the SEC to bring a civil action against a custodian for a registered investment company for breach of fiduciary duty involving personal misconduct. (Sec. 212) Declares it is unlawful for an affiliate, promoter, or principal underwriter for a registered investment company to lend to it or its subsidiaries in contravention of SEC prescriptions. (Sec. 213) Modifies the definition of "interested person" to identify transactions, services, and loans taking place during the six months preceding determination of an interested person which would make a person an affiliated person of a broker or dealer. Prohibits a registered investment company from having a majority of its board of directors consisting of personnel or senior officers of the subsidiaries of any one bank, or of any single BHC, its affiliates and subsidiaries. (Sec. 214) Modifies guidelines pertaining to unlawful misrepresentation of guarantees and the deceptive use of names. (Sec. 215) Modifies the definition of "broker" to exclude any person who would be deemed a broker solely by reason of the fact that such person is an underwriter for one or more investment companies. (Sec. 216) Modifies the definition of "dealer" to exclude an insurance or an investment company. (Sec. 217) Amends the Investment Advisers Act of 1940 to modify the definition of investment adviser to remove the exclusion for banks that advise investment companies. Revises the definitions of broker and dealer. (Sec. 220) Mandates interagency sharing between the appropriate Federal banking agency and the SEC of examination results and other information pertaining to the investment advisory activities of a registered BHC and its separately identifiable departments or divisions. (Sec. 221) Amends the Securities Act of 1933 and the Securities Exchange Act of 1934 to revise the exclusion from their purview of certain bank common trust funds to specify the exclusion of any interest or participation in any common trust fund or similar fund that is excluded from the definition of "investment company" under the Investment Company Act of 1940. Amends the Investment Company Act of 1940 to revise such exclusion guidelines for certain bank common trust funds. (Sec. 222) Amends the Investment Company Act of 1940 to prescribe circumstances under which an investment adviser holding shares of an investment company in a fiduciary capacity must transfer the power to vote such shares to the beneficial owners or to another non-affiliated fiduciary. Subtitle C: SEC Supervision of Investment Bank Holding Companies - Amends the Securities Exchange Act of 1934 to permit certain investment bank holding companies that do not have a bank or savings association affiliate to elect SEC supervision. (Sec. 231) Provides for voluntary withdrawal from SEC supervision by specified investment bank holding companies. Sets forth the parameters of SEC supervision of investment bank holding companies, including authority to set capital adequacy standards. Instructs the SEC, in developing its rules, to consider use of debt and other liabilities (double leverage) by the supervised investment BHC in order to fund capital investments in affiliates. Prohibits the SEC from imposing capital adequacy requirements on regulated nonbanking entities (other than a broker or a dealer) that are in compliance with the capital requirements of another Federal regulatory body or State insurance authority. Mandates SEC deference to appropriate regulatory banking agencies and State insurance regulators with respect to the banking and insurance laws under their purviews. Grants the SEC backup inspection authority for certain wholesale financial holding companies for monitoring and compliance enforcement purposes. Subtitle D: Studies - Directs the Comptroller General to report to the Congress on the efficacy, costs, and benefits of requiring a federally-insured depository institution to disclose to its retail consumers through the use of a logo or seal that its investment or insurance products are not FDIC-insured. (Sec. 242) Directs the Comptroller General to report to the Congress regarding the efficacy and benefits of uniformly limiting commissions and costs incurred by customers in the acquisition of financial products. Title III: Insurance - Subtitle A: State Regulation of Insurance - Declares that the McCarran-Ferguson Act remains the law of the United States. (Sec. 302) Mandates: (1) State licensure of any entity providing insurance in a State as principal or agent; and (2) State functional regulation of insurance sales activity. (Sec. 304) Prohibits a national bank and its subsidiaries from providing insurance as principal in a State, except for certain authorized products (which may not include title insurance or taxable annuity contracts). (Sec. 305) Prohibits national banks and subsidiaries from selling or underwriting title insurance, except for certain grandfathered banks and subsidiaries already doing so. (Sec. 306) Establishes expedited dispute resolution for regulatory conflicts between State insurance regulators and Federal financial regulators. (Sec. 307) Requires each Federal banking agency to: (1) issue consumer protection regulations (including physical segregation of banking activities from insurance product activities); and (2) prohibit discrimination against victims of domestic violence. Expresses the sense of the Congress that the States should adopt regulations prohibiting such discrimination regarding insurance products that are at least as strict as those under this Act. Mandates that the Federal banking agencies jointly establish a consumer complaint mechanism to address violations of this Act expeditiously. (Sec. 308) Preempts State law restricting: (1) insurance companies or insurance affiliates from becoming a financial holding company or acquiring control of a bank; and (2) the amount of an insurer's assets that can be invested in a bank (except that the insurer's State of domicile may limit such investments to five percent (or any higher threshold) of the insurer's admitted assets). Preempts State laws that restrict reorganization by an insurer from mutual form to stock form. Subtitle B: National Association of Registered Agents and Brokers - Sets forth a regulatory framework for uniform multistate licensing for insurance sales practices, to take effect only if a majority of the States have not enacted uniform laws and regulations governing the licensure of insurance sales by individuals and entities within three years after enactment of this Act. (Sec. 322) Establishes the National Association of Registered Agents and Brokers (the Association) as a non-profit, non-Federal agency, to provide a mechanism for uniform licensing, appointment, continuing education, and other insurance producer sales qualification requirements which can be adopted and applied on a multistate basis, while preserving the right of States to regulate insurance producers and insurance-related consumer protection and unfair trade practices. (Sec. 324) Subjects the Association (which shall not be considered a Federal agency or instrumentality) to regulation by the National Association of Insurance Commissioners (NAIC). Requires the Association to establish an office of consumer complaints. Vests management of the Association in a board of directors. Cites circumstances under which Association rules preempt State regulation of insurance producers. Requires the Association to coordinate with the National Association of Securities Dealers in order to mitigate administrative burdens that may result from dual membership. Title IV: Unitary Savings and Loan Holding Companies - Amends the Home Owners' Loan Act to prohibit new affiliations between savings and loan holding companies and certain commercial firms, except in specified circumstances. (Sec. 402) Permits Federal savings associations to convert into national banks if the resulting bank meets all applicable financial, management, and capital requirements. (Sec. 403) Amends specified Federal law to declare that any depository institution the charter of which is converted from that of a Federal savings association to a national bank or a State bank after enactment of this Act may retain the term "Federal" in its name so long as it remains an insured depository institution. Title V: Financial Information Privacy - Financial Information Privacy Act of 1998 - Amends the Consumer Credit Protection Act to: (1) specify the types of enterprises constituting a financial institution within its purview; and (2) authorize the Federal Trade Commission (FTC) to prescribe regulations clarifying or describing the types of institutions which shall be treated as financial institutions for purposes of this Act. (Sec. 501) Declares it a violation of this Act to obtain or solicit customer information of a financial institution relating to another person under false pretenses with intent to deceive. Exempts from such proscription: (1) law enforcement agencies; (2) financial institutions engaged in testing security procedures, investigating misconduct or negligence, or recovering customer information obtained or received under false pretenses; as well as (3) customer information of financial institutions available as a public record under Federal securities laws. Grants the FTC, certain banking regulatory agencies, and the States enforcement powers under this Act. Subjects violations of this Act to Federal civil and criminal penalties. Requires each Federal banking agency to issue advisories to the depository institutions under its jurisdiction relating to the deterrence and detection of the activities proscribed by this Act. Requires the Comptroller General to report to the Congress: (1) on the efficacy and adequacy of the remedies provided in this Act addressing attempts to obtain financial information by fraudulent means or by false pretenses; and (2) any recommendations for additional action to address threats to the privacy of financial information created by such attempts. Title VI: Miscellaneous - Amends Federal criminal law to cite circumstances under which a court may direct disclosure of grand jury information concerning a banking law violation to certain personnel of a Federal or State financial institution. (Sec. 602) Expresses the sense of the Senate Committee on Banking, Housing, and Urban Affairs that: (1) the small business tax provisions of the Internal Revenue Code should be more widely available to community banks; and (2) in conjunction with any financial modernization legislation the Congress should amend the Code for certain purposes. Urges such legislation to: (1) increase the number of S corporation shareholders; (2) permit S corporation stock to be held in individual retirement accounts (IRAs); (3) clarify that interest on investments held for safety, soundness, and liquidity purposes should not be considered passive income; (4) provide that bank director stock is not treated as a disqualifying second class of stock for S corporations; and (5) improve the tax treatment of bad debt and interest deductions. (Sec. 603) Amends the Federal Deposit Insurance Act to specify circumstances under which the Secretary of the Treasury may: (1) approve an affiliation between a depository institution and the Student Loan Marketing Association (SALLIE MAE) solely in its reorganized, privatized status as "the Holding Company", not in its status as a government sponsored enterprise (GSE); and (2) impose affiliation terms and conditions, including restrictions upon either the issuance of debt obligations by SALLIE MAE in its GSE status, or upon the use of proceeds from such obligations. (Current law prohibits affiliations between depository institutions and GSEs). Limits the value of the investment portfolio of SALLIE MAE in its GSE status in the event such affiliation should occur to the lesser of: (1) its value upon enactment of this Act; or (2) its value on the date such an affiliation is consummated. Grants the Secretary enforcement powers under the Higher Education Act of 1965. (Sec. 604) Amends the BHCA of 1956 to repeal certain authority, requirements, and restrictions relating to insurance activities of savings bank subsidiaries of bank holding companies.
Bill· SS. 2592 (105th)referred
United States · United States Congress · 8 October 1998
Amends the Federal Insecticide, Fungicide, and Rodenticide Act to permit State registration of a Canadian pesticide for distribution and use within such State.
Bill· HRH.R. 4738 (105th)open
United States · United States Congress · 8 October 1998
TABLE OF CONTENTS: Title I: Extension and Modification of Certain Expiring Provisions Subtitle A: Tax Provisions Subtitle B: Generalized System of Preferences Title II: Other Provisions Title III: Revenue Offsets Title IV: Technical Corrections Title I: Extension and Modification of Certain Expiring Provisions - Subtitle A: Tax Provisions - Amends the Internal Revenue Code (IRC) to temporarily extend the: (1) credit for increasing research activities; and (2) work opportunity credit. (Sec. 103) Amends the Taxpayer Relief Act of 1997 to permanently extend income averaging for farmers. (Sec. 104) Extends permanently the special rule for contributions of stock for which market quotations are readily available. Establishes rules for the public inspection of the returns of private foundations. (Sec. 105) Revises provisions concerning the special rule for income derived in the active conduct of banking, financing, or similar businesses to provide, as general rule, that foreign personal holding company income shall not include qualified banking or financing income of an eligible controlled foreign corporation. Revises the definition of insurance income and provides that, as a general rule, foreign personal holding company income shall not include qualified insurance income of a qualifying insurance company. (Sec. 106) Extends provisions which permit the disclosure of tax return information to the Secretary of Education with respect to taxpayers who have certain student loans. Subtitle B: Generalized System of Preferences - Amends the Trade Act of 1974 to extend the Generalized System of Preferences through December 31, 1999. Provides for the retroactive application of certain liquidations and reliquidations. Title II: Other Provisions - Requires a comprehensive study and report of recovery periods and depreciation methods under the accelerated cost recovery system. (Sec. 202) Amends the Agricultural Market Transition Act to disregard specified payment options provided by the Emergency Farm Financial Relief Act. (Sec. 203) Provides for the deduction of 100 percent of the costs of the health insurance of self-employed individuals by the year 2003 (currently, by the year 2007). (Sec. 204) Increases the State private activity bond volume limit to $75 per resident or an aggregate limit of $225 million by calendar year 2007. (Sec. 205) Increases by one percent, for 1999 and 2000, the estimated tax safe harbor for those individuals with incomes over $150,000. Title III: Revenue Offsets - Amends IRC provisions concerning the complete liquidations of subsidiaries to provide that if a corporation receives a distribution form a regulated investment company or a real estate investment trust which is considered as being in complete liquidation of such company or trust, then such corporation shall treat as a dividend from such trust or company an amount equal to the deduction for dividends paid allowable to such company or trust by reason of such distribution. (Sec. 302) Adds any vaccine against rotavirus gastroenteritis to the list of taxable vaccines. (Sec. 303) Modifies the definitions of "mathematical or clerical error" and "specified liability loss." Title IV: Technical Corrections - Revises provisions of the IRC, the Internal Revenue Service Restructuring and Reform Act of 1998, the Taxpayer Relief Act of 1997, the Tax Reform Act of 1984, and the Transportation Equity Act for the 21st Century.
Bill· HRH.R. 4747 (105th)referred
United States · United States Congress · 8 October 1998
Emergency Agricultural Response Act of 1998 - Amends the Agricultural Act of 1970 to authorize the use of disaster reserve authority to augment crop insurance benefits for producers affected by multiple year crop losses. Appropriates funds subject to presidential emergency budget designation. (Sec. 3) Amends the Agricultural Market Transition Act to revise marketing assistance loan rates for: (1) wheat; (2) feed grains (corn); (3) upland cotton; (4) extra long staple cotton; (5) rice; and (6) oilseeds. Authorizes six-month loan extensions. (Sec. 5) Repeals the temporary suspension of the farmer owned reserve program. (Sec. 6) Directs the Secretary of Agriculture to build and manage a reserve stock of a loan commodity whenever such commodity's prices fall below 75 percent of its marketing assistance loan rate. (Sec. 7) Authorizes the Secretary to transfer specified Department of Agriculture funds to the Farm Service Agency in order to improve local and area Agency services. (Sec. 8) Amends the Food Security Act of 1985 to direct the Secretary to carry out a three-year conservation reserve for certain diseased croplands. (Sec. 9) Sets forth specified crop insurance rules for disaster- designated counties. (Sec. 10) Amends the Consolidated Farm and Rural Development Act to increase FY 1999 budget authority and appropriations for direct loan, loan guarantee, and interest rate reduction programs.
Resolution· HRESH.Res. 583 (105th)referred
United States · United States Congress · 8 October 1998
Expresses the sense of the Congress that the Secretary of Agriculture should: (1) analyze and report to specified congressional committees on trade between the United States and Canada with regard to beef, beef cattle, wheat, barley, dairy, poultry, and eggs; and (2) based on such analyses identify any provisions of the General Agreement on Tariff and Trade (GATT), Canada Free Trade Agreement (CFTA), and the North American Free Trade Agreement (NAFTA) that limit, inhibit, or otherwise restrict the ability of U.S. farmers and ranchers to benefit from or mitigate the economic impact of trade between the United States and Canada.
Bill· SS. 2566 (105th)referred
United States · United States Congress · 7 October 1998
TABLE OF CONTENTS: Title I: Coastal Impact Assistance Title II: Land and Water Conservation Fund Reform Title III: Wildlife Conservation and Restoration Reinvestment and Environmental Restoration Act of 1998 - Title I: Coastal Impact Assistance - Coastal Conservation and Impact Assistance Act of 1998 - Establishes the Outer Continental Shelf Impact Assistance Fund (OCSIAF) to provide impact assistance to coastal States from a portion (27 percent) of allocable new OCS revenues (payments received by the United States as royalties, net profit share payments, and related late-payment interest from natural gas and oil leases under the Outer Continental Shelf Lands Act). Sets forth a formula for use by the Secretary of the Interior to determine the portion of the allocable share of new revenues attributable to each coastal State and county eligible to receive impact assistance payments. Mandates that such OCS funds be expended by the eligible coastal States and counties for certain environmental projects and activities. Requires: (1) an eligible county to submit for the Governor's approval a plan setting forth the projects and activities for which it proposes to expend OCSIA funds; and (2) the Governor of each recipient State to account to the Congress for all OCSIAF monies received for the previous fiscal year. Title II: Land and Water Conservation Fund Reform - Land and Water Conservation Fund Reform Act of 1998 - Amends the Land and Water Conservation Fund Act of 1965 (LWCFA) to require an amount equal to 16 percent of specified Outer Continental Shelf revenues to be deposited in the Land and Water Conservation Fund (LWCF) in the Treasury. (Sec. 203) Makes such funds available, without further appropriation, to carry out LWCFA for each fiscal year through FY 2015. Authorizes appropriations to maintain a certain minimum total annual income of the LWCF. Makes certain amounts covered into the LWCF available for expenditure without appropriation. Allocates such funds as follows: (1) 45 percent for Federal acquisition of certain lands, waters, or interests, with 25 percent of such Federal funds to the Secretary of Agriculture and 75 percent to the Secretary of the Interior; (2) 45 percent for financial assistance to the States for land acquisition, urban conservation, and recreation projects under specified LWCFA provisions, apportioning 60 percent of such State funds to all States equally, 20 percent on the basis of relative State population, and 20 percent on the basis of relative urban population; and (3) ten percent for local governments through the Urban Parks and Recreation Recovery Program of the Department of the Interior. Provides for an LWCFA allocation of funds to Indian tribes and Alaska Native Village Corporations. Requires States to make at least 50 percent of the annual State apportionment under LWCFA available as grants to local governments. Replaces, within a five-year period, LWCFA requirements for comprehensive State plans with requirements for State action agendas. Allows each State to define its own priorities and criteria for selection of outdoor recreation and conservation acquisition and development projects eligible for LWCFA grants so long as it provides for public involvement in this process and publishes an accurate and current State Action Agenda for Community Recreation and Conservation. Requires such Agendas to: (1) be strategic, originating in broad- based and long-term needs, but focused on actions that can be funded over the next four years, and be updated every four years; (2) consider all providers of recreation and conservation lands, and correlate with other State, regional and local plans for parks, recreation, open space, and wetlands conservation; (3) address wetlands as important outdoor recreation and conservation resources, and incorporate a State wetlands priority conservation plan consistent with the national plan developed under the Emergency Wetlands Resources Act; and (4) be guided in part by recovery action programs developed by urban localities under the Urban Park and Recreation Recovery Act. Revises LWCFA conditions for approval of conversions. (Sec. 204) Amends the Urban Park and Recreation Recovery Act (UPRRA) to provide (in addition to the current types of at-risk recreation grants and recovery action program grants) for matching capital grants to local governments in the form of: (1) development grants for development and construction on existing or new neighborhood recreation sites, including indoor and outdoor recreation facilities, support facilities, and landscaping, but excluding routine maintenance and upkeep activities; and (2) acquisition grants for purchasing new parkland to be permanently dedicated and made accessible for public recreation use. Revises UPRRA requirements for: (1) eligibility; (2) matching grants; (3) coordination; and (4) conversion approval. Repeals the limitation on the use of UPRRA funds for acquisition of land or interests in land. Title III: Wildlife Conservation and Restoration - Wildlife Conservation and Restoration Act of 1998 - Amends the Federal Aid in Wildlife Restoration Act (FAWRA) to require an amount equal to seven percent of specified Outer Continental Shelf revenues to be deposited in a new subaccount in the Federal aid to wildlife restoration fund (FAWRF), to be invested and to be made available without further appropriation, for apportionment in FY 2000 and thereafter for State wildlife conservation and restoration programs. (Sec. 306) Sets forth requirements for: (1) allocation of such subaccount receipts; (2) applications for approval of, and development grants for, State wildlife conservation and restoration programs; and (3) coordination. (Sec. 307) Allows certain subaccount funds for such a State wildlife conservation and restoration program to be used for law enforcement and public relations (Sec. 308) Prohibits a State from receiving FAWRA matching funds if it diverts any funds from wildlife conservation purposes.
Bill· SS. 2573 (105th)referred
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.
Bill· SS. 2565 (105th)referred
United States · United States Congress · 7 October 1998
Antimicrobial Regulation Technical Corrections Act of 1998 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to modify the definition of "pesticide chemical," including regarding ethylene oxide and propylene oxide when those substances are applied to food. Considers certain regulations issued previous to the adoption of this Act to have been issued under FDCA food additive provisions.
Bill· HRH.R. 4717 (105th)open
United States · United States Congress · 7 October 1998
TABLE OF CONTENTS: Title I: Outer Continental Shelf Impact Assistance Title II: State, Local, and Urban Conservation and Recreation Title III: Wildlife Conservation and Restoration Conservation and Reinvestment Act of 1998 - Title I: Outer Continental Shelf Impact Assistance - Establishes the Outer Continental Shelf Impact Assistance Fund (OCSIAF) to provide impact assistance to coastal States from a portion (27 percent) of allocable new OCS revenues (payments received by the United States as royalties, net profit share payments, and related late-payment interest from natural gas and oil leases under the Outer Continental Shelf Lands Act). Sets forth a formula for use by the Secretary of the Interior to determine the portion of the allocable share of new revenues attributable to each coastal State and county eligible to receive impact assistance payments. Mandates that such OCS funds be expended by the eligible coastal States and counties for certain environmental projects and activities. Requires: (1) an eligible county to submit for the Governor's approval a plan setting forth the projects and activities for which it proposes to expend OCSIA funds; and (2) the Governor of each recipient State to account to the Congress for all OCSIAF monies received for the previous fiscal year. Title II: State, Local, and Urban Conservation and Recreation - Amends the Land and Water Conservation Fund Act of 1965 (LWCFA) to require an amount equal to 23 percent of specified Outer Continental Shelf revenues to be deposited in the Land and Water Conservation Fund (LWCF) in the Treasury. (Sec. 203) Makes such funds available, without further appropriation, to carry out LWCFA for each fiscal year through FY 2015. Authorizes appropriations to maintain a certain minimum total annual income of the LWCF. Makes certain amounts covered into the LWCF available for expenditure without appropriation. Allocates such funds as follows: (1) 42 percent for Federal acquisition of certain lands, waters, or interests, with 25 percent of such Federal funds to the Secretary of Agriculture and 75 percent to the Secretary of the Interior; (2) 42 percent for financial assistance to the States for land acquisition, urban conservation, and recreation projects under specified LWCFA provisions, apportioning 60 percent of such State funds to all States equally, 20 percent on the basis of relative State population, and 20 percent on the basis of relative urban population; and (3) 16 percent for local governments through the Urban Parks and Recreation Recovery Program of the Department of the Interior. Provides for an LWCFA allocation of funds to Indian tribes and Alaska Native Village Corporations. Requires States to make at least 50 percent of the annual State apportionment under LWCFA available as grants to local governments. Replaces, within a five-year period, LWCFA requirements for comprehensive State plans with requirements for State action agendas. Allows each State to define its own priorities and criteria for selection of outdoor recreation and conservation acquisition and development projects eligible for LWCFA grants so long as it provides for public involvement in this process and publishes an accurate and current State Action Agenda for Community Recreation and Conservation. Requires such Agendas to: (1) be strategic, originating in broad- based and long-term needs, but focused on actions that can be funded over the next four years, and be updated every four years; (2) consider all providers of recreation and conservation lands, and correlate with other State, regional and local plans for parks, recreation, open space, and wetlands conservation; (3) address wetlands as important outdoor recreation and conservation resources, and incorporate a State wetlands priority conservation plan consistent with the national plan developed under the Emergency Wetlands Resources Act; and (4) be guided in part by recovery action programs developed by urban localities under the Urban Park and Recreation Recovery Act. Revises LWCFA conditions for approval of conversions. (Sec. 204) Amends the Urban Park and Recreation Recovery Act (UPRRA) to provide (in addition to the current types of at-risk recreation grants and recovery action program grants) for matching capital grants to local governments in the form of: (1) development grants for development and construction on existing or new neighborhood recreation sites, including indoor and outdoor recreation facilities, support facilities, and landscaping, but excluding routine maintenance and upkeep activities; and (2) acquisition grants for purchasing new parkland to be permanently dedicated and made accessible for public recreation use. Revises UPRRA requirements for: (1) eligibility; (2) matching grants; (3) coordination; and (4) conversion approval. Repeals the limitation on the use of UPRRA funds for acquisition of land or interests in land. Title III: Wildlife Conservation and Restoration - Amends the Federal Aid in Wildlife Restoration Act (FAWRA) to require an amount equal to ten percent of specified Outer Continental Shelf revenues to be deposited in a new subaccount in the Federal aid to wildlife restoration fund (FAWRF), to be invested and to be made available without further appropriation, for apportionment in FY 1999 and thereafter for State wildlife conservation and restoration programs. (Sec. 305) Sets forth requirements for: (1) allocation of such subaccount receipts; (2) applications for approval of, and development grants for, State wildlife conservation and restoration programs; and (3) coordination. (Sec. 306) Allows certain subaccount funds for such a State wildlife conservation and restoration program to be used for law enforcement and public relations (Sec. 307) Prohibits a State from receiving FAWRA matching funds if it diverts any funds from wildlife conservation purposes.
Bill· SS. 2559 (105th)referred
United States · United States Congress · 6 October 1998
Authorizes the Secretary of Labor, under the Occupational Safety and Health Act of 1970, to conduct an inspection or investigation of an employee accidental death on a farming operation that neither maintains a temporary labor camp nor has more than ten employees. Authorizes the use of Occupational Safety and Health Administration funds for such purpose.
Bill· HRH.R. 4704 (105th)referred
United States · United States Congress · 5 October 1998
Freedom to Market Act - Directs the Comptroller General to conduct, and submit to specified congressional committees, a report that: (1) examines all unilateral and multilateral economic sanctions affecting U.S. businesses, including an evaluation of their effectiveness in meeting stated policy goals; (2) examines the economic impact of sanctions on U.S. producers and exporters; (3) assesses humanitarian conditions within sanctioned countries, including how sanctions have affected particular states; and (4) assesses potential countries, not now subject to sanctions, that may be sanctioned under existing U.S. law or executive authority. Prohibits the President from restricting or otherwise prohibiting any exports (including restricted commercial or Federal financing) of food, other agricultural products (including fertilizer), medicines, or medical supplies or equipment as part of any policy of existing or future unilateral economic sanctions imposed against a foreign government. Authorizes the President to waive such requirements if it is in the national security interests of the United States. Directs the Secretary of Agriculture to report annually to the Congress on: (1) the Secretary's assessment of all markets where U.S. exports of agricultural commodities are limited because of multilateral or unilateral economic sanctions, including its economic impact on producers; (2) the extent to which displaced U.S. commodities are being supplied by foreign competitors; (3) the expected longer-term consequences of interrupting U.S. exports; and (4) any assistance provided by the Foreign Agricultural Service to offset lost markets due to the sanctions. Directs the Secretary to expand, to the maximum extent permitted by law and by the obligations of the United States pursuant to the Agreement on Agriculture under the Uruguay Round Agreements, agricultural export assistance under U.S. market development, food assistance, or export promotion programs to offset projected losses of agricultural commodity markets from unilateral and multilateral sanctions.
Law· HRH.R. 4679 (105th)enacted
United States · United States Congress · 2 October 1998
Antimicrobial Regulation Technical Corrections Act of 1998 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to modify the definition of "pesticide chemical," including regarding ethylene oxide and propylene oxide when those substances are applied to food. Considers certain regulations issued previous to the adoption of this Act to have been issued under FDCA food additive provisions.
Bill· HRH.R. 4690 (105th)referred
United States · United States Congress · 2 October 1998
Emergency Agricultural Response Act of 1998 - Amends the Agricultural Act of 1970 to authorize the use of disaster reserve authority to augment crop insurance benefits for producers affected by multiple year crop losses. Appropriates funds subject to presidential emergency budget designation. (Sec. 3) Amends the Agricultural Market Transition Act to revise marketing assistance loan rates for: (1) wheat; (2) feed grains (corn); (3) upland cotton; (4) extra long staple cotton; (5) rice; and (6) oilseeds. Authorizes six-month loan extensions. (Sec. 5) Repeals the temporary suspension of the farmer owned reserve program. (Sec. 6) Directs the Secretary of Agriculture to build and manage a reserve stock of a loan commodity whenever such commodity's prices fall below 75 percent of its marketing assistance loan rate. (Sec. 7) Authorizes the Secretary to transfer specified Department of Agriculture funds to the Farm Service Agency in order to improve local and area Agency services. (Sec. 8) Amends the Food Security Act of 1985 to direct the Secretary to carry out a three-year conservation reserve for certain diseased croplands. (Sec. 9) Sets forth specified crop insurance rules for disaster-designated counties.
Resolution· HRESH.Res. 567 (105th)passed
United States · United States Congress · 2 October 1998
Waives points of order against the consideration of the conference report on H.R. 4101 (Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs appropriations).
Bill· HRH.R. 4656 (105th)referred
United States · United States Congress · 1 October 1998
City of North Las Vegas Public Land Acquisition Act of 1998 - Authorizes the Secretary of the Interior to dispose of specified lands under the jurisdiction of the Bureau of Land Management in Clark County, Nevada. Permits Nevada or the unit of local government in whose jurisdiction the lands are located, to elect to obtain any such lands for local public purposes. Requires the Secretary, upon application by a unit of local government or regional governmental entity, to issue right-of-way grants on Federal lands in Clark County, Nevada, for all reservoirs, canals, channels, ditches, pipes, pipelines, tunnels, and other facilities and systems needed for: (1) the impoundment, storage, treatment, transportation, or distribution of water (other than water from the Virgin river) or wastewater; or (2) flood control management. Directs that, of the gross proceeds of sales of lands in a fiscal year: (1) five percent be paid directly to Nevada for use in the State's general education program; (2) ten percent be paid directly to the Southern Nevada Water Authority for water treatment and transmission facility infrastructure in Clark County; and (3) the remainder be deposited in a special account for use pursuant to the special account provisions specified under this Act. Requires that, in the case of a land exchange, the non-Federal party provide direct payments to Nevada and the Southern Nevada Water Authority. Allows amounts deposited in the special account to be expended by the Secretary for: (1) the acquisition of environmentally sensitive land in Nevada, with priority given to lands located within Clark County; (2) capital improvements at the Lake Mead National Recreation Area, the Desert National Wildlife Refuge, the Red Rock Canyon National Conservation Area and other areas administered by the Bureau in Clark County, and the Spring Mountains National Recreation Area; (3) development of a multispecies habitat conservation plan in Clark County; (4) development of parks, trails, and natural areas in Clark County pursuant to a cooperative agreement with a unit of local government; and (5) reimbursement of costs incurred by the Bureau's local offices in arranging sales or exchanges under this Act. Requires the Secretary to: (1) coordinate the use of the special account with the Secretary of Agriculture, Nevada, local governments, and other interested persons to ensure accountability and demonstrated results; and (2) submit an annual report on all transactions under this Act to the Senate Committee on Energy and Natural Resources and the House Committee on Resources. Authorizes the Secretary to: (1) acquire with proceeds of the special account environmentally sensitive land and interests; and (2) transfer, upon request by a grantee of lands within Clark County that are subject to a lease or patent issued under the Recreation and Public Purposes Act, the reversionary interest in such lands to other non-Federal lands.
Bill· HRH.R. 4666 (105th)referred
United States · United States Congress · 1 October 1998
Empowerment Zone Enhancement and Rural Enterprise Communities Act of 1998 - Amends the Internal Revenue Code to authorize: (1) 33 additional rural enterprise communities (with an extended designation deadline); (2) a special designation exception for certain areas based upon emigration, underemployment, or economic adjustment; and (3) empowerment zone eligibility for Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. Provides for: (1) designation priority to be given to well performing enterprise communities (with discretionary set-asides for satisfactorily performing communities); and (2) additional specified grants and grant amounts for rural empowerment zones and rural enterprise communities. Authorizes the Secretary of Agriculture to use certain community planning amounts under the Social Security Act to help communities apply for empowerment zone or enterprise community designation. Amends the Internal Revenue Code to repeal the increased expensing restriction for developable noncontiguous sites. Amends the Social Security Act to provide that: (1) the Secretaries of Agriculture and of Housing and Urban Development, rather than the Secretary of Health and Human Services, shall assume certain environmental review responsibility for the urban and rural empowerment zone and enterprise community grants; and (2) the Secretaries may permit fund release for particular projects on the assumption of such responsibility by States, local governments, or Indian tribes. Amends the Federal Agricultural Improvement and Reform Act of 1996 to authorize conveyance of Department of Agriculture excess property to support empowerment zones and enterprise communities.
Bill· SS. 2522 (105th)referred
United States · United States Congress · 28 September 1998
TABLE OF CONTENTS: Title I: Enhanced Source and Transit Country Coverage Title II: Enhanced Eradication and Interdiction Strategy in Source Countries Title III: Enhanced Alternative Crop Development Support in Source Zone Title IV: Enhanced International Law Enforcement Training Title V: Enhanced Drug Transit and Source Zone Law Enforcement Operations and Equipment Title VI: Relationship to Other Laws Title VII: Criminal Background Checks on Port Employees Title VIII: Drug Currency Forfeitures Western Hemisphere Drug Elimination Act - Declares that it is U.S. policy to: (1) reduce the supply of drugs and drug use through an enhanced drug interdiction effort in the major drug transit countries and support a comprehensive supply country eradication and crop substitution program, because a commitment of increased resources in international drug interdiction efforts will create a balanced national drug control strategy among demand reduction, law enforcement, and international drug interdiction efforts; and (2) develop and establish comprehensive drug interdiction and drug eradication strategies, and dedicate the resources necessary to reduce the flow of illegal drugs into the United States by 80 percent by December 31, 2001. Title I: Enhanced Source and Transit Country Coverage - Authorizes appropriations for FY 1999 through 2001 for the Department of the Treasury for the enhancement of radar coverage in drug source and transit countries. (Sec. 101) Directs the Secretary of Defense to examine and report to specified congressional committees on the options available to the United States for improving Relocatable Over the Horizon (ROTHR) capability to provide enhanced radar coverage of narcotics source zone countries in South America and transit zones in the Eastern Pacific. (Sec. 102) Authorizes appropriations for FY 1999 through 2001 to the Secretary of Transportation for operating expenses of the Coast Guard (including acquisition, construction, and improvement of facilities and equipment) associated with expansion of drug interdiction activities around Puerto Rico, the U.S. Virgin Islands, and other transit zone areas of operation. Directs the Secretary to accept seven patrol craft for use by the Coast Guard for expanded drug interdiction activities. (Sec. 103) Authorizes appropriations for FY 1999 through 2001 for the Department of the Treasury for the enhancement of air coverage and operation for drug source and transit countries. Directs the Secretary of Defense to examine and report to specified congressional committees on the available options in the source and transit zones to replace Howard Air Force Base in Panama, specifying U.S. requirements to establish an airbase or airbases for use in support of counternarcotics operations to optimize operational effectiveness in the source and transit zones. Directs the Secretary of the Navy to transfer to the U.S. Customs Service 20 currently retired and previously identified heavyweight P- 3B aircraft for modification, half into P-3 AEW&C aircraft and half into P-3 Slick aircraft. q04q Title II: Enhanced Eradication and Interdiction Strategy in Source Countries - Authorizes appropriations for FY 1999 through 2001 for the Department of State for the enhancement of drug-related eradication efforts in Colombia. (Sec. 201) Prohibits U.S. counternarcotics assistance to the Government of Colombia if it negotiates or permits the establishment of any demilitarized zone in which the eradication of drug production by Colombian security forces (including the Colombian National Police antinarcotics unit) is prohibited. (Sec. 202) Authorizes appropriations for FY 1999 through 2001 for the Department of State for the establishment of a third drug interdiction site in Peru to support air bridge and riverine missions for enhancement of drug-related eradication efforts. Directs the Secretary of Defense to study and report to the Congress on Peruvian counternarcotics air interdiction requirements. (Sec. 203) Authorizes appropriations for FY 1999 through 2001 for the Department of State for enhancement of drug-related eradication efforts in Bolivia. (Sec. 204) Authorizes appropriations for FY 1999 through 2001 for enhanced precursor chemical control projects. (Sec. 205) Expresses the sense of the Congress that any individual serving as an assistant secretary of any Federal agency or department who has primary responsibility for international narcotics control and law enforcement (including the principal deputy of any such assistant) shall have substantial professional qualifications in the fields of management and Federal law enforcement or intelligence. Declares that the Department of Defense (DOD) shall be the principle agency responsible for implementation and processing of counternarcotics foreign military sales requests (with the Department of State having a consultative role in such requests). Expresses the sense of the Congress that the responsiveness and effectiveness of Department of State international narcotics assistance activities have been hampered due, in part, to the lack of law enforcement expertise by responsible Department of State personnel. Title III: Enhanced Alternative Crop Development Support in Source Zone - Authorizes appropriations for FY 1999 through 2001 for the U.S. Agency for International Development (AID) for certain alternative crop development programs in Colombia, Peru, and Bolivia. (Sec. 302) Authorizes appropriations for FY 1999 through 2001 to the Secretary of Agriculture to support the counternarcotics research efforts of the Department of Agriculture's Agricultural Research Service. (Sec. 303) Requires the Director of the Office of National Drug Control Policy to develop, and report to the Congress on, a ten-year master plan for the use of mycoherbicides to control narcotic crops (including coca, poppy, and cannabis) in the United States and internationally. Title IV: Enhanced International Law Enforcement Training - Authorizes appropriations for FY 1999 through 2001 for the Department of Justice for the establishment and operation of international law enforcement academies to carry out law enforcement training activities in Latin America and the Caribbean, Thailand, and South Africa. (Sec. 401) Authorizes appropriations for FY 1999 through 2001 for the Department of Transportation (DOT) and the Department of the Treasury for the joint establishment, operation, and maintenance in San Juan, Puerto Rico, of a center for training law enforcement personnel of countries located in Latin America and the Caribbean in matters relating to maritime law enforcement (including customs-related ports management matters). Authorizes appropriations for FY 1999 through 2001 for the DOT for the establishment, operation, and maintenance of maritime training vessels. (Sec. 402) Authorizes appropriations for FY 1999 through 2001 for the Department of Justice for: (1) substantial exchanges for Mexican judges, prosecutors, and police; and (2) enhanced support for the Brazilian Federal Police Training Center. Authorizes appropriations for FY 1999 through 2001 for the DOT for operation and maintenance for locating and operating Coast Guard assets so as to strengthen the capability of the Coast Guard of Panama to patrol the Atlantic and Pacific coasts for drug enforcement and interdiction activities. Makes members of the national police of Panama eligible to receive training through the International Military Education Training (IMET) program. Authorizes appropriations for FY 1999 through 2001 for the Department of Justice for support for the Venezuelan Judicial Technical Police Counterdrug Intelligence Center. Authorizes appropriations for FY 1999 through 2001 for the DOT and the Department of the Treasury for the buildup of local coast guard and port control in: (1) Guayaquil and Esmeraldas, Ecuador; (2) Haiti and the Dominican Republic; and (3) Belize, Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua (Central America). (Sec. 403) Authorizes the Administrator of the Drug Enforcement Administration (DEA) to transfer or lease a specified amount of nonlethal equipment each year to foreign law enforcement organizations for the purpose of establishing and carrying out cooperative illicit narcotics control activities. Expresses the sense of the Congress that: (1) all U.S. law enforcement personnel serving in Mexico should be accorded the same status as diplomatic and consular personnel serving at U.S. posts in Mexico; and (2) all Mexican narcotics law enforcement personnel serving in the United States should be accorded the same diplomatic and consular status as DEA personnel serving in Mexico. Title V: Enhanced Drug Transit and Source Zone Law Enforcement Operations and Equipment - Authorizes appropriations for FY 1999 through 2001 for the DEA and the U.S. Customs Service of Department of the Treasury for enhancement of counternarcotics operations in drug transit and source countries. (Sec. 501) Authorizes appropriations for FY 1999 through 2001 for the Department of State for the deployment of commercial unclassified intelligence and imaging data and a Passive Coherent Location System for counternarcotics and interdiction purposes in the Western Hemisphere. Directs the Secretary of Defense to examine and propose to specified congressional committees recommendations regarding any organizational changes to optimize counterdrug activities, including certain alternative cost-sharing arrangements. (Sec. 502) Authorizes appropriations for the development and purchase of computer software and hardware to facilitate direct communication between agencies that perform drug interdiction activities at U.S. borders, including the Customs Service, the Border Patrol, the Federal Bureau of Investigation (FBI), the DEA, and the Immigration and Naturalization Service (INS). (Sec. 503) Expresses the sense of the Congress that the Secretary of Defense should revise DOD's Global Military Force Policy in order to: (1) treat DOD international drug interdiction and counter-drug activities as a military operation other than war (thus elevating its priority to just below that for war); and (2) allocate DOD assets to drug interdiction and counter-drug activities in accordance with such priority. Title VI: Relationship to Other Laws - Declares that funds authorized to be appropriated for any Federal department or agency for FY 1999 through 2001 are in addition to funds authorized to be appropriated for that department or agency for those fiscal years by any other provision of law. Title VII: Criminal Background Checks on Port Employees - Directs the Attorney General, upon request, to grant access to identification records to any State, county, port authority, or other local jurisdiction to allow it to conduct criminal background checks on employees, or applicants for employment, at any port under its jurisdiction. Title VIII: Drug Currency Forfeitures - Drug Currency Forfeitures Act - Amends the Controlled Substances Act to cite four alternative circumstances that create a rebuttable presumption that property is subject to forfeiture if the Government offers a reasonable basis to believe that there is a substantial connection between the property and a drug trafficking offense. Requires the property at issue to be currency in excess of $10,000 that, at the time of the seizure, was being transported through an airport, on a highway, or at a port-of-entry, and meeting one of several other criteria. Subjects to such presumption, also, any property: (1) acquired during a time period when the person who acquired it was engaged in a drug trafficking offense or within a reasonable time afterwards, and there is no other likely source for such property; (2) that was, or was intended to be, transported, transmitted, or transferred to or from a major drug-transit country, illicit drug producing country, or money laundering country; or (3) involved in a transaction including any person who has been convicted in any Federal, State, or foreign jurisdiction of a drug trafficking offense or a felony involving money laundering, or is a fugitive from prosecution for such an offense. Amends the Federal criminal code to create a rebuttable presumption that property involved in drug money laundering subject to civil forfeiture is the proceeds of an offense involving the felonious manufacture, importation, or other dealing in a controlled substance, thus constituting the proceeds of specified unlawful activity if any of the circumstances set forth in this title apply.
Bill· HRH.R. 4647 (105th)open
United States · United States Congress · 26 September 1998
Selective Agricultural Embargoes Act of 1998 - Amends the Agricultural Trade Act of 1978 to direct the President, if he or she takes action to embargo the export under an export sales contract of an agricultural commodity to a country that is not part of an embargo on all exports to the country, to report to the Congress, not later than five days after imposing the embargo, on the reasons for such embargo and its proposed duration. Sets forth congressional procedures for termination of the embargo. Specifies plant nutrient materials among the agricultural commodities whose export the President may not prohibit or curtail if: (1) the export sales contract for such materials is entered into before he or she announces an action that would otherwise prohibit or curtail their export; and (2) the contract terms require delivery of the materials within 270 days after the date of the suspension of trade is imposed.
Bill· HRH.R. 4644 (105th)referred
United States · United States Congress · 25 September 1998
Allows farmers to include 1999 production flexibility contract payments as income for 1998 or 1999. Amends the Internal Revenue Code to make Federal Crop Insurance Act payments eligible for one-year income deferral.
Bill· HRH.R. 4645 (105th)referred
United States · United States Congress · 25 September 1998
Amends the Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986 to repeal the termination date for bankruptcy law governing debt adjustments of family farmers with regular annual income (thus making such law permanent). Amends the Internal Revenue Code to apply its rules relating to individuals' title 11 (bankruptcy) cases to such family farmer debt adjustments. Declares that gross income of the debtor's estate, for tax purposes, shall include any income in connection with abandonment to the debtor of property burdensome to the estate or inconsequential in value, if the income arose before abandonment. Excludes such income from the debtor's gross income.
Bill· HRH.R. 4641 (105th)referred
United States · United States Congress · 25 September 1998
Amends the Internal Revenue Code to revise the definition of a qualified farm-related taxpayer, with respect to provisions concerning limitations on deductions for certain farming expenses, to take into account changes in business operations attributable to enactment of the Agricultural Market Transition Act.
Bill· SS. 2517 (105th)referred
United States · United States Congress · 24 September 1998
Amends the Federal Crop Insurance Act to establish a two-year pilot program to provide crop insurance options for agricultural producers in Illinois, Indiana, Iowa, Kansas, Minnesota, Nebraska, North Dakota, and South Dakota.
Bill· HRH.R. 4618 (105th)reported
United States · United States Congress · 24 September 1998
TABLE OF CONTENTS: Title I: Emergency Assistance for Crop and Livestock Feed Losses Due to Disasters Title II: Market Loss Assistance Title III: Administration Agriculture Disaster and Market Loss Assistance Act of 1998 - Title I: Emergency Assistance for Crop and Livestock Feed Losses Due to Disasters - Directs the Secretary of Agriculture to provide emergency financial assistance to producers with disaster-incurred 1998 or multiyear (1998 and previous) crop year losses. Requires producers without 1998 crop insurance to purchase insurance for the subsequent two years in order to qualify for such assistance. Requires such producers to pay any liquidated damages. (Sec. 103) Caps 1998 livestock feed assistance amounts. Title II: Market Loss Assistance - Directs the Secretary to use specified funds to provide 1998 market loss assistance to certain producers with production flexibility contracts. Title III: Administration - States that funds to carry out this Act shall be available only to the extent that the President submits to the Congress an official emergency designation budget request.
Resolution· HRESH.Res. 551 (105th)open
United States · United States Congress · 24 September 1998
Sets forth the rule (closed) for the consideration of H.R. 4618 (agriculture disaster and market loss assistance).
Resolution· HRESH.Res. 552 (105th)passed
United States · United States Congress · 24 September 1998
Sets forth the rule (modified closed) for the consideration of H.R. 4578 (amending the Social Security Act to establish the Protect Social Security Account) and H.R. 4578 (amending the Internal Revenue Code to provide tax relief for individuals, families, and farming and other small businesses, to provide tax incentives for education, and to extend certain expiring provisions). Provides that in the engrossment of H.R. 4579, the Clerk of the House of Representatives shall: (1) add the text of H.R. 4578, as passed by the House, as new matter at the end of H.R. 4579; (2) conform the title of H.R. 4579 to reflect the addition of the text of H.R. 4578 to the engrossment; (3) assign appropriate designations to provisions, and conform cross references, within the engrossment; and (4) conform provisions for short titles within the engrossment. Lays H.R. 4579 on the table upon the addition of the text of H.R. 4578.
Bill· HRH.R. 4615 (105th)referred
United States · United States Congress · 23 September 1998
Farm Income Security Act of 1998 - Amends the Agricultural Market Transition Act to provide for: (1) a retroactive lifting of 1998 marketing assistance loan rate caps; and (2) a discretionary increased loan rate for the 1998 rice crop.
Bill· HRH.R. 4607 (105th)referred
United States · United States Congress · 23 September 1998
TABLE OF CONTENTS: Title I: Trade Authorities Procedures Title II: Trade Adjustment Assistance Reciprocal Trade Agreement Authorities Act of 1998 - Title I: Trade Authorities Procedures - Sets forth the overall trade negotiating objectives of the United States for trade agreements (generally similar to the objectives of the Omnibus Trade and Competitiveness Act of 1988 (OTCA)), including: (1) to further strengthen the system of international trading disciplines and procedures, including dispute settlement; and (2) to foster economic growth, raise living standards, promote full employment in the United States, and enhance the global economy. (Sec. 102) Sets forth the principal U.S. negotiating objectives (generally similar to the principal OTCA negotiating objectives) regarding trade barriers and other trade distortions, trade in services, foreign investment, transparency, reciprocal trade in agriculture, labor, the environment, and other matters, and World Trade Organization (WTO) extended negotiations. Declares that the principal U.S. negotiating objectives regarding trade barriers and other trade distortions include: (1) expanding competitive market opportunities for U.S. exports, and obtaining fairer and more open conditions of trade by reducing or eliminating tariff and nontariff barriers and policies and practices of foreign governments directly related to trade that decrease market opportunities for U.S. exports or otherwise distort U.S. trade; and (2) obtaining reciprocal tariff and nontariff barrier elimination agreements, with particular attention to specified tariff categories covered in the Uruguay Round Agreements Act. Declares that the principal U.S. negotiating objective regarding reciprocal trade in agriculture is to obtain competitive opportunities for U.S. exports in foreign markets substantially equivalent to the competitive opportunities afforded foreign exports in U.S. markets, and to achieve fairer and more open conditions of trade in bulk and value-added commodities. Declares that the principal U.S. negotiating objectives regarding labor, the environment and other matters include ensuring that: (1) foreign labor, environmental, health, or safety policies and practices do not arbitrarily or unjustifiably discriminate or serve as disguised barriers to trade; and (2) foreign governments do not derogate from or waive existing domestic environmental, health, safety, or labor measures, including measures that deter exploitative child labor, as an encouragement to gain competitive advantage in international trade or investment. Specifies the principal U.S. objectives regarding WTO extended negotiations regarding trade in financial services, trade in civil aircraft, and rules of origin. Urges the President to take into account the following general international economic policy priorities (not subject to fast-track): (1) seeking to ensure that trade and environmental policies are mutually supportive; (2) seeking to protect and preserve the environment and enhance the international means for doing so, while optimizing the use of the world's resources; (3) promoting respect for worker rights and the rights of children and an understanding of the relationship between trade and worker rights, particularly by working with the International Labor Organization (ILO) to encourage the observance and enforcement of core labor standards, including the prohibition on exploitative child labor; and (4) supplementing and strengthening standards for protection of intellectual property under conventions administered by non-WTO international organizations, expanding these conventions to cover new and emerging technologies, and eliminating discrimination and unreasonable exceptions or preconditions to such protection. Requires U.S. negotiators to take into account U.S. domestic objectives, including the protection of health and safety, essential security, environmental, consumer, and employment opportunity interests, and related law and regulations. Requires the United States Trade Representative (USTR) to: (1) consult closely with congressional advisers on trade policy and negotiations appointed under the Trade Act of 1974; and (2) preserve the ability of the United States to enforce rigorously its trade laws, including the antidumping and countervailing duty laws, and avoid agreements which lessen the effectiveness of domestic and international disciplines on unfair trade, especially dumping and subsidies, in order to ensure that U.S. workers, agricultural producers, and firms can compete fully on fair terms and enjoy the benefits of reciprocal trade concessions. Requires the President, in determining whether to enter into negotiations with a particular country, to take into account the extent to which that country has implemented, or has accelerated the implementation of, its obligations under the Uruguay Round Agreements. (Sec. 103) Sets forth the authority of the President (generally similar to his authority under OTCA) to enter trade agreements with foreign countries regarding tariff and non-tariff barriers. Allows the President to enter into such agreements before October 1, 2001 (or before October 1, 2005, if trade authorities are extended according to a specified congressional procedure). States that a trade agreement may be entered only if it makes progress in meeting the applicable objectives, and the President satisfies certain congressional consultation requirements, set forth in this Act. Declares that bills implementing trade agreements may qualify for congressional trade authorities (fast-track) procedures only if they consist solely of: (1) a provision approving a trade agreement entered into under this Act, and approving any statement of administrative action; (2) provisions directly related to the principal trade negotiating objectives set forth in this Act achieved in such trade agreement, if they are necessary for the operation or implementation of U.S. rights or obligations under such trade agreement; (3) provisions that define and clarify, or provisions that are related to, the operation or effect of the provisions of the trade agreement; (4) provisions to provide adjustment assistance to workers and firms adversely affected by trade; and (5) provisions necessary to comply with budget offset requirements of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Provides for extension of fast-track procedures to implementing bills submitted after September 30, 2001, and before October 1, 2005, upon the President's request if neither House of Congress adopts an extension disapproval resolution according to a specified procedure. (Sec. 104) Prescribes requirements for presidential notice and consultation with the Congress before negotiations on: (1) tariff and nontariff barrier agreements; (2) certain principal trade negotiating objectives; and (3) agriculture. Requires the President to consult with specified congressional committees before entering an agreement. (Sec. 105) Requires the President (as under OTCA) to notify the Congress within 90 days of entering an agreement. Requires the President, within 60 days of signing an agreement, to submit to the Congress a preliminary list of changes to existing laws considered mandatory to bring the United States into compliance with the agreement. Authorizes both Houses of Congress to adopt, within 60 days of each other, a procedural disapproval resolution denying fast-track to any trade agreement if the President has failed or refused to notify or consult with the Congress about it. Prohibits fast-track procedures from applying to any implementing bill submitted with respect to a free trade agreement entered into under fast-track approval authority unless the President: (1) reports to the Congress on the status of child labor laws of the country or countries that are parties to the agreement; and (2) certifies that such country or countries have adequate child labor laws and effective mechanisms and penalties to enforce them. Provides that, in determining the adequacy of child labor laws, the President shall take into account U.S. law and practice and relevant ILO standards. (Sec. 106) Exempts from the prenegotiation consultation requirements of this Act any tariff or nontariff agreement which results from negotiations commenced before enactment of this Act, and which is entered into with Chile or is entered into under WTO auspices regarding: (1) trade in information technology products (Information Technology Agreement); (2) extended negotiations on financial services; or (3) the rules of origin work program under the Uruguay Round Agreements Act. Requires consultations with specified congressional committees about such negotiations as soon as feasible after enactment of this Act. (Sec. 107) Establishes in the Office of the U.S. Trade Representative a Chief Agricultural Negotiator to conduct trade negotiations relating to agricultural commodities. Title II: Trade Adjustment Assistance - Amends the Trade Act of 1974 to authorize appropriations to the Departments of Labor and of Commerce through FY 2000 for trade adjustment assistance (TAA) for workers and for firms, respectively. (Sec. 203) Requires the Comptroller General to study and report to the Congress on TAA programs by the end of FY 1999. (Sec. 204) Postpones termination of the TAA programs until the end of FY 2000.
Bill· SS. 2511 (105th)referred
United States · United States Congress · 22 September 1998
Federal Meat and Poultry Employees Pay Act of 1998 - Authorizes the Secretary of Agriculture to pay (and accept reimbursement for) Food Safety and Inspection Service employees working in establishments subject to the Federal Meat Inspection Act and the Poultry Products Inspection Act for overtime and holiday work. Makes conforming amendments to the Poultry Products Inspection Act and other Federal law.
Bill· SS. 2509 (105th)referred
United States · United States Congress · 22 September 1998
Amends Federal law to reestablish and add acreage to the Bull Run Watershed Management Unit in Oregon. Directs the Secretary of Agriculture or the Interior, as applicable, to prohibit the cutting of trees on Federal land in the entire unit. Repeals a provision of the: (1) Oregon Resource Conservation Act of 1996 which requires certain Unit lands that are not contained in the Bull Run River Drainage to be managed in accordance with the law establishing the Unit; and (2) Omnibus Parks and Public Lands Management Act of 1996 regarding the Unit. Requires the Secretary of Agriculture: (1) upon application by the city of Portland, Oregon, to enter into negotiations with the city for the transfer of National Forest System land underlying the city's Bull Run water supply facilities to the city in exchange for city- owned land lying within the boundaries of any unit of the National Forest System in Oregon or Washington; and (2) to expedite the negotiations and complete such land exchange not later than September 30, 2001.
Bill· SS. 2498 (105th)referred
United States · United States Congress · 18 September 1998
Amends the Internal Revenue Code, concerning the exemption of farmers' cooperatives from taxation, to define "marketing the products of members or other producers" to include feeding the products of members or other producers to cattle, hogs, fish, chickens, or other animals and selling the resulting animals or animal products. Provides for declaratory judgment relief for such cooperatives.
Bill· SS. 2501 (105th)referred
United States · United States Congress · 18 September 1998
Amends the Internal Revenue Code to exempt certain small issue agriculture bonds from the State volume cap.
Bill· HRH.R. 4597 (105th)referred
United States · United States Congress · 18 September 1998
TABLE OF CONTENTS: Title I: Provisions Primarily Affecting Individuals and Families Subtitle A: General Provisions Subtitle B: Provisions Relating to Education Subtitle C: Provisions Relating to Social Security Title II: Provisions Primarily Affecting Farming and Other Businesses Subtitle A: Increase in Expense Treatment for Small Businesses Subtitle B: Provisions Relating to Farmers Subtitle C: Increase in Volume Cap on Private Activity Bonds Title III: Extension and Modification of Certain Expiring Provisions Subtitle A: Tax Provisions Subtitle B: Generalized System of Preferences Title IV: Revenue Offset Title V: Technical Corrections Title VI: American Community Renewal Act of 1998 Subtitle A: Designation and Evaluation of Renewal Subtitle B: Tax Incentives for Renewal Communities Title VII: Tax Reductions Contingent On Saving Social Security Taxpayer Relief Act of 1998 - Title I: Provisions Affecting Individuals and Families - Subtitle A: General Provisions - Amends the Internal Revenue Code (IRC) to: (1) make the basic standard deduction on a joint return equal to twice the deduction of a single return; (2) make the aged or blind additional deduction amounts the same for married and unmarried individuals; (3) as a general rule, exclude from gross income up to $200 ($400 in the case of a joint return) of dividends and interest received by an individual; (4) revise provisions concerning the aggregate amount of nonrefundable personal credits allowed to provide that the aggregate amount of such credits shall not exceed the sum of the taxpayer's regular tax liability and the alternative minimum tax; (5) allow for the deduction of 100 percent of the health insurance costs of self-employed individuals; (6) set forth a special rule for members of the uniformed services and foreign service in determining the exclusion of gain from the sale of a principal residence; and (7) accelerate the $1 million exemption from the estate and gift taxes. Subtitle B: Provisions Relating to Education - Permits private educational institutions to maintain qualified tuition programs which are comparable to qualified State tuition programs. Modifies arbitrage rebate rules applicable to public school construction bonds. Subtitle C: Provisions Relating to Social Security - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to: (1) increase the limit on earnings before there is a reduction in benefits for individuals who have attained retirement age but who are under age 70; and (2) provide for the recomputation of benefits resulting from earnings after reaching retirement age. Title II: Provisions Primarily Affecting Farming and Other Businesses - Subtitle A: Increase in Expense Treatment for Small Businesses - Amends the IRC to accelerate the increase in the dollar limitation on the cost of property which may be expensed by businesses as depreciable assets. Subtitle B: Provisions Relating to Farmers - Amends the Taxpayer Relief Act of 1997 to permanently extend income averaging for farmers. Amends the IRC to provide a five-year carryback period for farming losses. Amends the Agricultural Market Transition Act to disregard the payment option provided by the Emergency Farm Financial Relief Act. Subtitle C: Increase in Volume Cap on Private Activity Bonds - Amends IRC provisions concerning State private activity bond volume limits to repeal the adjustment for years after 1987. Title III: Extension and Modification of Certain Expiring Provisions - Subtitle A: Tax Provisions - Extends, for a limited period, the: (1) credit for increasing research activities; (2) work opportunity credit; and (3) welfare-to-work credit. Extends permanently the special rule for contributions of stock for which market quotations are readily available. Establishes rules for the public inspection of the returns of private foundations. Revises provisions concerning the special rule for income derived in the active conduct of banking, financing, or similar businesses to provide, as general rule, that foreign personal holding company income shall not include qualified banking or financing income of an eligible controlled foreign corporation. Revises the definition of insurance income and provides that, as a general rule, foreign personal holding company income shall not include qualified insurance income of a qualifying insurance company. Subtitle B: Generalized System of Preferences - Amends the Trade Act of 1974 to extend the Generalized System of Preferences through February 29, 2000. Provides for the retroactive application of certain liquidations and reliquidations. Title IV: Revenue Offset - Amends IRC provisions concerning the complete liquidations of subsidiaries to provide that if a corporation receives a distribution form a regulated investment company or a real estate investment trust which is considered as being in complete liquidation of such company or trust, then such corporation shall treat as a dividend from such trust or company an amount equal to the deduction for dividends paid allowable to such company or trust by reason of such distribution. Title V: Technical Corrections - Revises provisions of the IRC, the Internal Revenue Service Restructuring and Reform Act of 1998, the Taxpayer Relief Act of 1997, the Tax Reform Act of 1984, and the Transportation Equity Act for the 21st Century. Title VI: American Community Renewal Act of 1998 - American Community Renewal Act of 1998 - Subtitle A: Designation and Evaluation of Renewal Communities - Renewing American Communities Act of 1998 - Amends the IRC to authorize the Secretary of Housing and Urban Development to designate (upon local or State nomination) up to 20 renewal communities, of which at least 20 percent shall be in rural areas. Requires for nomination purposes that: (1) the area be experiencing high rates of poverty and unemployment and general distress; and (2) State and local governments enter into written contracts with community organizations to promote specified economic growth and employment activities. Treats renewal communities as labor surplus areas for all Federal law purposes. Subtitle B: Tax Incentives for Renewal Communities - Excludes from gross income capital gains on the sale or exchange of a qualified community asset (stock, business property, or partnership interest) held for more than five years. Allows a specified deduction for amounts paid into a family development account on behalf of an individual or another qualified individual who is a renewal community resident. Excludes from gross income account distributions used for qualified family development expenses (postsecondary education, first-home purchase, business capitalization, medical, and rollovers). Provides a penalty (with exceptions) in addition to inclusion as gross income for nonqualifying distributions. Provides for designation of up to 25 percent of qualifying renewal communities as matching demonstration areas eligible to receive family development account matching contributions. Authorizes: (1) designation of earned income tax credit payments for family development account deposit; (2) a commercial building revitalization tax credit; (3) increased first year expensing for renewal community businesses; (4) extension of environmental remediation cost expensing and the work opportunity credit for renewal communities; and (5) similar tax treatment of renewal communities and enterprise zones for specified youth residence requirements. Permits a deduction for contributions to a family development account whether or not a taxpayer itemizes. Makes conforming amendments to provisions respecting: (1) tax on excess contributions and prohibited transactions; (2) trust and annuity information; (3) tax exemption applications; and (4) the commercial revitalization credit. Title VII: Tax Reductions Contingent On Saving Social Security - Prohibits any provision of this Act from taking effect before the first January 1 after the date of enactment of this Act that follows a calendar year for which there is a social security solvency certification, except for specified provisions. States that there is a social security solvency certification for a calendar year if there is a certification that the social security trust funds are in actuarial balance for the 75-year period utilized in the most recent annual report of the Board of Trustees of the Social Security Trust Funds. Provides for the reservation of any social security surpluses for the sole use of the social security system.
Bill· SS. 2493 (105th)referred
United States · United States Congress · 17 September 1998
Animal Agriculture Environmental Incentives Act of 1998 - Amends the Internal Revenue Code to allow a limited tax credit for the nutrient management costs of animal feeding operations.
Resolution· SRESS.Res. 280 (105th)passed
United States · United States Congress · 17 September 1998
Requires the printing as a Senate document of a compilation of materials, with illustrations, entitled "History of the United States Senate Committee on Agriculture, Nutrition, and Forestry."
Bill· HRH.R. 4596 (105th)referred
United States · United States Congress · 17 September 1998
Amends the Internal Revenue Code to exclude certain farming-related gains and losses from eligibility determinations for the earned income credit.
Bill· SS. 2478 (105th)referred
United States · United States Congress · 16 September 1998
Directs the Secretary of Agriculture to convey specified parcels of land (including roads) necessary for development of the small hydroelectric power project sites located within Mt. Baker-Snoqualmie National Forest, Washington, to persons holding preliminary permits issued by, or having filed license applications with, the Federal Energy Regulatory Commission covering such sites during the period of January 1, 1990, through December 31, 1996. Requires a licensee to pay the net proceeds from the sale of timber removed for project development to the Secretary. Requires such proceeds to be deposited in the Treasury and to be available to the Secretary for use in watershed and species management activities to ensure that the Northwest Forest Plan is being properly implemented on the Mt. Baker-Snoqualmie National Forest.
Bill· SS. 2484 (105th)open
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.
Bill· SS. 2480 (105th)referred
United States · United States Congress · 16 September 1998
Invasive Pest Control Act of 1998 - Authorizes the Secretary of Agriculture to restrict or prohibit the importation, entry, exportation, or movement in interstate commerce of a plant, plant product, biological control organism, plant pest, noxious weed, wood article, or means of conveyance in order to prevent the introduction into the United States or the interstate dispersion of a nonindigenous pest, pathogen, or noxious weed. Subjects to treatment: (1) imported wood articles prior to and after U.S. entry; and (2) pallets and solid wood packing materials used to import materials into the United States. Prohibits the U.S. entry of such pallets and packing materials after a specified interim period. (Sec. 6) Establishes a Plant Health and Ecosystem Protection Task Force which shall develop criteria for phytosanitary procedures to minimize the introduction or dispersion of nonindigenous pests and pathogens. (Sec. 7) Subjects wood article importers to license and fee requirements. (Sec. 8) Establishes in the Treasury the Pest Reduction in Wood Articles Fund.