Housing

Douglas L. Miller, of South Dakota, to be a Director of the Federal Housing Finance Board for a term expiring February 27, 2002, vice Lawrence U. Costiglio, term expired.

United States · United States Senate · 20 October 1998

Financial Services Act of 1998

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.

Housing Preservation Matching Grant Act of 1998

United States · United States Congress · 14 October 1998

Housing Preservation Matching Grant Act of 1998 - Authorizes the Secretary of Housing and Urban Development to make matching grants to States for low-income housing preservation. Sets forth requirements for projects: (1) with Department of Housing and Urban Development-insured mortgages; (2) with section 8 assistance; or (3) purchased by the residents. Authorizes appropriations.

Safe Neighborhood Act of 1998

United States · United States Congress · 13 October 1998

Safe Neighborhood Act of 1998 - Amends the Fair Housing Act to permit reasonable Federal, State, or local restriction on group home occupancy by persons convicted of a crime for which a term of imprisonment was imposed.

Asset-Building for Working Americans Act

United States · United States Congress · 12 October 1998

Asset-Building for Working Americans Act - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act (SSA), as well as SSA titles XVI (Supplemental Security Income) (SSI) and XIX (Medicaid), to require States to disregard for the following 12-month period any refunds or advance payments of the earned income tax credit (EITC) in determining eligibility for benefits under TANF, SSI, and Medicaid. Establishes up to a two percent reduction in the next fiscal year's grant to any State as a penalty for failure to disregard such payments. Amends the United States Housing Act of 1937 to require a similar disregard for EITC payments under public housing and rental assistance programs.

To amend the Housing and Community Development Act of 1974 to prohibit the use of funds for any facility a primary purpose of which is the distribution or use of tobacco products.

United States · United States Congress · 10 October 1998

Amends the Housing and Community Development Act of 1974 to prohibit the use of community development funds to acquire, construct, or improve any facility with a primary interest of tobacco product distribution or sale.

Financial Services Act of 1998

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.

Rural Recovery Act of 1998

United States · United States Congress · 8 October 1998

Rural Recovery Act of 1998 - Amends the Housing and Community Development Act of 1974 to provide rural housing and community development assistance through rural recovery community development block grants to eligible local governments and Indian tribes in areas with high rates of outmigration and low per capita income. Authorizes appropriations.

Homeowners' Emergency Mortgage Assistance Act

United States · United States Congress · 8 October 1998

Homeowners' Emergency Mortgage Assistance Act - Directs the Secretary of Housing and Urban Development to establish a mortgage emergency assistance program for qualifying homeowners with National Housing Act-insured mortgages who are unable to temporarily meet their obligations due to financial hardship beyond their control. Requires homeowner repayment of such assistance and interest.

Federal Benefit Verification and Integrity Act

United States · United States Congress · 7 October 1998

TABLE OF CONTENTS: Title I: Notification of Federal Benefit Recipients Regarding Data Verification Title II: Federal Benefit Program Management Improvement Tests Federal Benefit Verification and Integrity Act - Title I: Notification of Federal Benefit Recipients Regarding Data Verification - Requires an agency that administers a Federal benefit payment program to provide notice informing applicants, in information material and instructions accompanying program application forms, that their data may be verified. Permits an agency to comply with the preceding requirement by modifying program materials and applications to include such notice as part of their normal reissuance cycle for reprinting forms, but in no case later than December 31, 2000. Requires the head of each such agency to maintain a record of each applicant's acknowledgment that he or she has received notice of the uses and disclosures to be made of his or her information, for as long as he or she receives benefits from or owes a debt to the Government under the program. Title II: Federal Benefit Program Management Improvement Test s - Permits a Federal agency that administers a Federal benefit program to conduct a test of information technology practices or techniques for improving income verification, debt collection, data privacy and integrity protection, and identification authentication in the administration of the program, in accordance with a proposal approved by a Federal Benefit Verification and Payment Integrity Board. Requires the Director of the Office of Management and Budget and the Chief Information Officers' Council to each recommend to the Board various information technology practices and techniques that should be tested. Permits the head of an agency to develop and submit to the Board a proposal for carrying out a test for a specific Federal benefit program administered by the agency. Specifies that the proposal contain specific goals, including a schedule, for improving customer service and error reduction in the program and other information requested by the Board. Requires such proposal to provide for the testing of information sharing in an integrated manner where feasible of electronic practices and techniques for improving Federal benefit program management. Requires any agency whose proposals would require access to another agency's database to consult with that agency prior to submission of the proposal to the Board. States that a proposal submitted to the Board: (1) must contain a description of administrative, technical, and physical safeguards to ensure the security and confidentiality of records and to protect against any anticipated threats or hazards to their security or integrity which could result in substantial harm, embarrassment, inconvenience, or unfairness to any individual with respect to whom information is maintained; (2) include, in particular, prohibitions on duplication and redisclosure of records provided by the source agency within or outside the recipient entity, except where required by law or essential to the conduct of the test; and (3) include an estimate for reimbursement that may be charged by a Federal agency to another agency in conducting tests under the proposal. Requires: (1) the Board to review and recommend disposition of the proposal to the heads of the data sharing agencies under the proposal; and (2) an agency head to respond to the Board within 90 days. Requires such response to include findings by the data integrity board. Permits the head of an agency participating in a test to enter into a cooperative agreement with a State or contract with a private entity under which the State or such entity may provide services on behalf of the Federal agency in carrying out the test. Requires the Board to: (1) prepare a plan for implementation, including for the coordination of the conduct of tests and the procedures for submission of proposals for those tests; and (2) submit annually to the Congress a report on the tests conducted. Provides for the Chairperson of the Board to make recommendations annually to the Director regarding how savings resulting from the implementation of this Act may be used to enhance program integrity in high-risk programs such as Medicare and to reduce the potential of waste, fraud, and erroneous payments. Permits the Board to request a Federal agency head that administers a Federal benefit program to conduct a test, including the submission of a proposal for such a test and provides for the agency head to respond within 30 days by approving or disapproving such a request of the Board. (Sec. 202) Allows the Secretary of Health and Human Services (HHS) to disclose information to another Federal agency from the National Directory of New Hires based on matches conducted by HHS for purposes of conducting a test under this Act. Requires the Secretary to take into consideration the potential negative impact of the disclosure or use of such information on the effective operation of the Federal Parent Locator Service and of any other Federal and State child support enforcement activities under the Social Security Act. Provides for an agency head to whom information is disclosed to reimburse the Secretary in accordance with such Act. Allows an agency head to whom information is disclosed to: (1) disclose the information to another Federal agency for use by the agency only as specified under a test proposal under this Act; and (2) disclose such information to a State agency administering a federally funded benefit program, a public housing authority, or a guaranty agency (as defined in the Higher Education Act of 1965) only for the purpose of conducting the test. Disallows an entity that receives information for use in a test under this Act that it was not otherwise authorized by law to obtain from redisclosing the information or using it for any other purpose. (Sec. 203) Amends the Privacy Act of 1974 to: (1) increase certain criminal penalties under such Act; and (2) permit a court, in a civil suit in which it determines that an agency acted in a manner that was willful and intentional, to award punitive damages in addition to damages and costs required under current law. (Sec. 204) Establishes the Federal Benefit Verification and Payment Integrity Board. Provides for the Board to periodically report to the Director regarding its activities. (Sec. 205) Authorizes the Administrator of General Services to: (1) acquire on behalf of Federal agencies commercial services for accepting electronic payments for grants or loans and electronic claims submissions from the public; (2) expend such funds for the design, testing, and pilot of a standard method by which the public may be provided consistent, secure, and convenient electronic access in applying to Federal agencies for loans and grants and in submitting claims; and (3) beginning in FY 2002, finance the acquisition and management of the commercial services. Requires the Board, if it determines that any information technology practice, technique, or information sharing initiative tested was successfully demonstrated in the test and should be implemented in the administration of a Federal benefit program, to: (1) recommend regulations or legislation to implement that practice, technique, or initiative, if that implementation is not otherwise prohibited under another law; or (2) include in its annual report to the Congress recommendations for such legislation as may be necessary to authorize that implementation.

Battered Women's Economic Security Act

United States · United States Congress · 6 October 1998

TABLE OF CONTENTS: Title I: Domestic Violence Prevention Subtitle A: Housing for Victims of Domestic Violence Subtitle B: Victims of Abuse Insurance Protection Subtitle C: Access to Safety and Advocacy Subtitle D: Conforming Amendments Subtitle E: Battered Immigrants Women's Economic Security Title II: Violence Against Women and the Workplace Subtitle A: National Clearinghouse on Domestic Violence and Sexual Assault in the Workplace Grant Subtitle B: Victims' Employment Rights Subtitle C: Workplace Violence Against Women Prevention Tax Credit Subtitle D: Employment Protection for Battered Women Subtitle E: Battered Women's Shelters and Services Title III: Protections for Victims of Domestic Violence Under Programs Authorized Under the Social Security Act Battered Women's Economic Security Act - Title I: Domestic Violence Prevention - Subtitle A: Housing for Victims of Domestic Violence - Domestic Violence Victims' Housing Act -Authorizes increased budget authority under section 8 of the United States Housing Act of 1937 to be made available exclusively to public housing agencies and qualified nonprofit organizations solely to provide tenant-based assistance to families who must leave their residence as a result of domestic violence. Subtitle B: Victims of Abuse Insurance Protection - Victims of Abuse Insurance Protection Act - Prohibits insurers from engaging in specified discriminatory practices with respect to individuals who are, have been, or may be the subject of abuse or have incurred or may incur abuse-related claims. Prescribes confidentiality guidelines governing disclosure of an individual's abuse status. (Sec. 127) Prohibits subrogation of claims resulting from abuse without the informed consent of the subject of abuse. (Sec. 128) Grants the Federal Trade Commission authority to enforce this Act. Authorizes a private cause of action in State or Federal court by a subject of abuse who has been adversely affected by actions of an insurer in violation of this Act. Subtitle C: Access to Safety and Advocacy - Access to Safety and Advocacy Act - Authorizes the Attorney General to make grants to certain eligible grantees to provide legal assistance to domestic violence victims, regardless of sexual orientation or immigration status. (Sec. 137) Authorizes appropriations and prescribes allocation guidelines. Subtitle D: Conforming Amendments - Sets forth conforming amendments to specified Federal law. Subtitle E: Battered Immigrant Women's Economic Security - Amends title IV part A (Temporary Assistance to Needy Families) (TANF) of the Social Security Act (SSA) to create a special category of eligibility for non-213A aliens (aliens without a sponsor's affidavit of support) who fall within specified domestic violence guidelines. (Sec. 152) Amends the Immigration and Nationality Act to cite circumstances in which the Attorney General may waive: (1) deportability for certain aliens who are first time domestic violence offenders, and are current in their court-ordered child support payments; and (2) inadmissibility criteria for certain aliens who are battered spouses whose family members are U.S. citizens, or lawful permanent residents. (Sec. 155) Grants access to naturalization for divorced victims of domestic abuse. Empowers the Attorney General to grant employment authorizations to certain aliens who are victims of domestic violence and whose applications for immigrant status are pending. (Sec. 158) Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), and the Housing and Community Development Act of 1980, to declare certain battered aliens eligible for food stamps and housing assistance, respectively. (Sec. 160) Amends the Social Security Act to preclude the collection of information concerning the immigration status of a parent applying for assistance on behalf of a qualified child. (Sec. 162) Amends PRWORA to permit a battered alien to continue after divorce to count the qualifying quarters worked by the spouse- batterer during the marriage, thus enabling such alien to receive certain public benefits. Title II: Violence Against Women and the Workplace - Subtitle A: National Clearinghouse on Domestic Violence and Sexual Assault in the Workplace Grant - Authorizes the Attorney General to award a grant to a private non-profit entity (including one within the boundaries of an Indian reservation) for the establishment and operation of a national clearinghouse and resource center to provide information and assistance to employer and labor organization efforts to aid victims of domestic violence and sexual assault. Authorizes appropriations. Subtitle B: Victims' Employment Rights - Victims' Employment Rights Act - Prohibits employer discrimination regarding conditions or privileges of employment predicated upon an employee's status as a victim of domestic violence, sexual assault, or stalking. Subjects a violator to liability for monetary damages, and for equitable relief, including reinstatement and promotion. Subtitle C: Workplace Violence Against Women Prevention Tax Credit - Workplace Violence Against Women Prevention Tax Credit Act - Amends the Internal Revenue Code of 1986 (IRC) to provide a workplace safety program tax credit for 40 percent of the costs incurred or paid by an employer for violence against women safety and education. Subtitle D: Employment Protection for Battered Women - Battered Women's Employment Protection Act - Amends the IRC to mandate unemployment compensation for an individual separated from employment as a direct result of a domestic violence experience. (Sec. 243) Amends the Social Security Act to mandate that claims reviewers and hearing personnel are trained in the nature and dynamics of domestic violence and in ascertaining and keeping confidential information about domestic violence experiences so that employee separations stemming from domestic violence are screened, identified, and adjudicated in full confidentiality. (Sec. 244) Amends the Family and Medical Leave Act of 1993 and the Federal Medical Leave Act to entitle to leave those employees who must address the effects of domestic violence. Subtitle E: Battered Women's Shelters and Services - Battered Women's Shelters and Services Act - Amends the Family Violence Prevention and Services Act to: (1) authorize increased appropriations and extend them through FY 2003; and (2) specify amounts for information and technical assistance centers, as well as for State domestic violence coalitions. (Sec. 253) Instructs the Secretary of Health and Human Services (the Secretary) to deny State demonstration grant applications that fail to document the specific involvement of the State domestic violence coalition and other knowledgeable entities in the development of the State application. Revises guidelines governing fund allotment and information and technical assistance centers. Instructs the Secretary to award grants to: (1) develop and implement model community intervention strategies to address domestic violence in underserved populations; (2) enable State domestic violence coalitions to provide emergency assistance through an emergency assistance fund administered by such coalitions for victims of domestic violence; and (3) State domestic violence coalitions for technical assistance and training. Title III: Protections for Victims of Domestic Violence Under Programs Authorized under the Social Security Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to prescribe guidelines under which the Commissioner of Social Security shall grant a properly verified request for a change of social security number submitted by a victim of domestic violence. (Sec. 302) Prescribes guidelines under which States may grant temporary good cause waivers of compliance to victims of domestic violence without jeopardizing State compliance with TANF requirements. (Sec. 303) Extends to any unreasonable risk posed to the health, safety, or liberty of a parent or child certain protections from information disclosure applying to the Federal Parent Locator Service and any State plan for child and spousal support. (Sec. 304) Prescribes guidelines under which the Secretary shall award bonus grants to States for high performance in implementing a program designed to enhance the ability of recipients of assistance to become economically self-sufficient. Authorizes appropriations.

Waiving points of order against the conference report to accompany the bill (H.R. 4194) making appropriations for the Departments of Veterans Affairs and Housing and Urban Development, and for sundry independent agencies, boards, commissions, corporations, and offices for the fiscal year ending September 30, 1999, and for other purposes.

United States · United States Congress · 5 October 1998

Waives points of order against the consideration of the conference report on H.R. 4194 (Departments of Veterans Affairs and Housing and Urban Development and independent agencies appropriations).

Empowerment Zone Enhancement and Rural Enterprise Communities Act of 1998

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.

Ira G. Peppercorn, of Indiana, to be Director of the Office of Multifamily Housing Assistance Restructuring. (New Position)

United States · United States Senate · 29 September 1998

Enhancing Family Life Act of 1998

United States · United States Congress · 24 September 1998

TABLE OF CONTENTS: Title I: Assistance for Children Title II: Parent Grants Enhancing Family Life Act of 1998 - Title I: Assistance for Children - Amends title XX (Block Grants to States for Social Services) of the Social Security Act (SSA) to entitle States and Indian tribes to funds to establish second chance homes for custodial parents under age 19 and their children. Defines a second chance home as one with a supportive and supervised living arrangement in which such parents would be required to learn parenting skills, including child development, family budgeting, health and nutrition, and other skills to promote their long-term economic independence and the well-being of their children. Specifies funds for such program. Directs the Secretary of Health and Human Services to submit recommendations to the Congress on the extent to which surplus Federal properties may be used for such homes. (Sec. 102) Amends SSA title IV (Temporary Assistance to Needy Families) (TANF) to revise eligibility criteria for children with special needs with respect to the adoption assistance program. Prohibits adoption assistance payments to parents of any child with special needs who is not a U.S. citizen or resident, and was adopted outside the United States or was brought into the United States in order to be adopted. Allows such payments for such a child placed in foster care subsequent to the failure of the initial adoption by such parents. Requires a State to spend, for specified services (including post-adoption services) to children or families, an amount equal to the amount of any savings in State expenditures resulting from the application of revised eligibility criteria for children with special needs. Instructs the Secretary to approve at least three child welfare demonstration projects designed to test a per capita approach for the successful resolution of a foster care placement under which a private entity contracts to either restore a child in foster care to the child's parents or locate an adoptive placement. (Sec. 103) Amends SSA title IV to create part F (Assistance for Young Children) to establish a statutory mechanism for the Secretary to make allotments to eligible States to pay for the Federal share of the cost of State grants to local collaboratives for young child assistance activities. Requires a State to establish a State Early Learning Coordinating Board to receive the Federal allotment and make the grants. Authorizes appropriations. Title II: Parent Grants - Authorizes the Secretary of Education to make payments to enable a qualifying institution of higher education to make grants to certain custodial parents of a child under the age of six for career development and retraining after a period of child rearing. Authorizes appropriations.

Save Social Security and Taxpayer Relief Act of 1998

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.

Safe Schools, Safe Streets, and Secure Borders Act of 1998

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.

Public Buildings Reform Act of 1998

United States · United States Congress · 16 September 1998

Public Buildings Reform Act of 1998 - Amends the Public Buildings Act of 1959 to direct the Administrator of General Services to consider the impact of the selection of a particular site on the cost and space efficiency of a project to construct, alter, or acquire a public building or to lease space. (Sec. 3) Requires the Administrator, not later than 15 days after the President submits the Federal budget to the Congress, to submit a triennial public buildings plan (Plan) that includes: (1) a five-year strategic management plan for capital assets under the control of the Administrator that provides for accommodating the office space and other public building needs of the Federal Government and that is based on procurement mechanisms that allow the Administrator to take advantage of fluctuations in market forces affecting building construction and availability; (2) prioritized lists of each construction or acquisition project, of each lease or lease renewal, and of each planned repair or alteration project requested for the first year of the Plan or expected to be requested for the second or third year; (3) an explanation of the basis for each order of priority specified; (4) the estimated annual and total cost of each project requested in the Plan; (5) a list of each public building planned to be wholly vacated, to be exchanged for other property, or to be disposed of during the period covered by the Plan; and (6) requests for authorizations of appropriations necessary to carry out the projects listed in the Plan for the first year. Requires the information regarding a project to be presented in the form of a prospectus with respect to a project for which the Administrator has requested an authorization of appropriations for the first year and in the form of a project description with respect to a project for which the Administrator expects to request an authorization of appropriations for the second or third year. Considers each reference to cost, price, or any other dollar amount contained in a project description to be a good faith estimate by the Administrator. Permits the Administrator to include a project that was not approved in a Plan in a subsequent plan. Prohibits the Administrator from obligating funds that are made available for any project for which approval is required unless the project was included in the Plan for the fiscal year and the prospectus for the project was submitted to the Congress. Specifies prospectus contents. Allows the Administrator to: (1) submit a written request for emergency authority to lease space or to construct, alter, purchase, or acquire a public building to specified congressional committees for approval if the authority cannot be obtained in a timely manner through the planning process; and (2) enter into an emergency lease of no more than five years if there is a presidentially declared disaster pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act. Requires the Administrator to: (1) notify specified congressional committees whenever the Administrator increases the estimated cost of a project by more than ten percent of its estimated maximum cost; and (2) develop standard cost benchmarks for projects for the construction of courthouses and other public buildings consisting solely of general office space. Provides that a report to specified congressional committees on a building project survey shall specify whether the project is included in a five-year strategic capital asset management plan or a prioritized list. Authorizes the Administrator to include a prospectus for the funding of a public building for which such a report is submitted in a triennial public buildings plan. (Sec. 4) Directs the Administrator to use the results of the continuing investigation and survey of the Government's public building needs under the Act to establish a central repository for the asset management information of the Federal Government. Calls on each Federal agency to identify real property that is or will become unneeded, obsolete, or underutilized during the five-year period beginning on the date of identification and annually report to the Administrator. Directs the Administrator to analyze and make recommendations to the Federal agency concerned regarding more cost-effective uses for the real property identified. (Sec. 5) Requires: (1) the head of each Federal agency to periodically review and report to the Administrator on the long-term housing needs of the agency; (2) the Administrator to consolidate the agency reports and submit a consolidated report to the Congress, assist each agency in carrying out such review, and prepare uniform standards for housing needs for executive agencies and establishments in the judicial branch; (3) Federal agencies, by the end of the third fiscal year that begins after the date of this Act's enactment, to collectively reduce by not less than ten percent the aggregate office and storage space used by the agencies; and (4) the Administrator to develop design guides and standards for Federal court accommodations. (Sec. 7) Makes it the duty of the Commission of Fine Arts, within 60 days after a conceptual design for a Federal courthouse is submitted, to provide advice on the design.

Taxpayer Relief Act of 1998

United States · United States Congress · 16 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 Preference Title IV: Revenue Offset Title V: Technical Corrections Title VI: American Community Renewal Act of 1998 Subtitle A: Designation and Evaluation of Renewal Communities Subtitle B: Tax Incentives for Renewal Communities 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.

Making continuing appropriations for the fiscal year 1999, and for other purposes.

United States · United States Congress · 16 September 1998

Makes appropriations for FY 1999 for continuing projects or activities, including the costs of direct loans and loan guarantees, which were conducted in FY 1998 and for which appropriations, funds, or other authority would be available in: (1) the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999; (2) the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1999; (3) the Department of Defense Appropriations Act, 1999; (4) the District of Columbia Appropriations Act, 1999; (5) the Energy and Water Development Appropriations Act, 1999; (6) the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1999; (7) the Department of the Interior and Related Agencies Appropriations Act, 1999; (8) the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1999; (9) the Legislative Branch Appropriations Act, 1999; (10) the Department of Transportation and Related Agencies Appropriations Act, 1999; (11) the Treasury and General Government Appropriations Act, 1999; and (12) the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999. Sets forth the rates of (current rates, with specified exceptions), and limitations on, such funding. Provides funding under this resolution until enactment into law of any covered appropriation or the applicable appropriations Act (without any provision for the covered appropriation) or October 9, 1998, whichever occurs first. Continues certain activities authorized by the National Flood Insurance Act of 1968 through the date for which funding is provided under this resolution. Amends Federal law to extend provisions regarding claim maintenance fees to be paid by holders of unpatented mining claims, mills, or tunnel sites and location fees to be paid by locators. Continues the time for locating such claims, mills, or tunnel sites through the date for which funding is provided under this resolution. Requires the amounts charged for patent fees through the date for which funding is provided under this resolution to be the amounts charged by the Patent and Trademark Office on September 30, 1998. Authorizes, until 30 days after the date for which funding is provided under this resolution, the use of funds to initiate or resume projects or activities at a rate exceeding the current rate to achieve Year 2000 (Y2K) computer conversion.

Omnibus National Parks and Public Lands Act of 1998

United States · United States Congress · 15 September 1998

TABLE OF CONTENTS: Title I: Boundary Adjustments and Related Conveyances Title II: Other Land Conveyances and Management Subtitle A: Southern Nevada Public Land Management Subtitle B: Gallatin Land Consolidation Subtitle C: Conveyance of Canyon Ferry Reservoir Properties Subtitle D: Conveyance of National Forest Lands for Public School Purposes Subtitle E: Other Conveyances Title III: Heritage Areas Subtitle A: Delaware and Lehigh National Heritage Corridor of Pennsylvania Subtitle B: Automobile National Heritage Area of Michigan Subtitle C: Miscellaneous Provisions Title IV: Historic Areas Title V: San Rafael Swell Subtitle A: San Rafael Swell National Heritage Area Subtitle B: San Rafael Swell National Conservation Area Subtitle C: Wilderness Areas within Conservation Area Subtitle D: Other Special Management Areas within Conservation Area Subtitle E: General Management Provisions Title VI: National Parks Title VII: Reauthorizations Title VIII: Rivers and Trails Title IX: Hazardous Fuels Reduction Subtitle A: Management of Wildland-Urban Interface Areas Subtitle B: Miscellaneous Provisions Title X: Miscellaneous Provisions Title XI: Amendments and Technical Corrections to 1996 Omnibus Parks Act Subtitle A: Technical Corrections to the Omnibus Parks Act Subtitle B: Other Amendments to Omnibus Parks Act Title XII: Dutch John Federal Property Disposition and Assistance Title XIII: Reclamation Project Conveyances and Miscellaneous Provisions Subtitle A: Sly Park Dam and Reservoir, California Subtitle B: Minidoka Project, Idaho Subtitle C: Carlsbad Irrigation Project, New Mexico Subtitle D: Palmetto Bend Project, Texas Subtitle E: Wellton-Mohawk Division, Gila Project, Arizona Subtitle F: Canadian River Project, Texas Subtitle G: Clear Creek Distribution System, California Subtitle H: Pine River Project, Colorado Subtitle I: Technical Corrections and Miscellaneous Provisions Title XIV: Provisions Specific to Alaska Subtitle A: Land Exchange Near Gustavus and Related Provisions Subtitle B: Amendments to Alaska Native Claims Settlement Act and Related Provisions Subtitle C: Miscellaneous Provisions Omnibus National Parks and Public Lands Act of 1998 - Title I: Boundary Adjustments and Related Conveyances - Increases the number of acres the Secretary of the Interior (Secretary) is authorized to acquire for the Fort Davis National Historic Site in Fort Davis, Texas, by 16. (Sec. 102) Authorizes the Secretary to acquire, by donation only, certain land known as Knob Creek Farm in Larue County, Kentucky. Modifies the boundary of the Abraham Lincoln Birthplace National Historic Site to include such land. Requires the Secretary to study and report to the Congress on the Farm in order to: (1) identify significant resources associated with the Farm and the early boyhood of Abraham Lincoln; (2) evaluate the threats to the long-term protection of the Farm's cultural, recreational, and natural resources; and (3) examine the incorporation of the Farm into the operations of the Abraham Lincoln Birthplace National Historic Site and establish a strategic management plan for implementing such incorporation. Authorizes appropriations. (Sec. 103) Modifies the boundaries of the Grand Staircase-Escalante National Monument in the State of Utah to exclude specified Federal lands and to include the East Clark Bench. Requires the Secretary to convey specified Federal lands to: (1) Garfield County School District, Utah, for use as the location for a school and for other education purposes; and (2) the State of Utah for inclusion of the lands in Kodachrome Basin State Park. Designates specified Federal lands as a utility corridor with regard to U.S. Route 89, in Kane County, Utah. (Sec. 104) Modifies the boundaries of the George Washington Birthplace National Monument to include the property known as George Washington's Boyhood Home, Ferry Farm in Stafford County, Virginia. Authorizes the Secretary to acquire no more than a less than fee interest in the property to ensure the preservation of the important cultural and natural resources associated with Ferry Farm. Requires the Secretary to submit to specified congressional committees a resource study of the property and upon completion of such study allows the Secretary to enter into agreements with the property owner or other entities for the purpose of providing programs, services, facilities, or technical assistance that further the property's preservation and public use. (Sec.105) Adjusts the boundaries of the Wasatch-Cache National Forest and the Mount Naomi Wilderness, in Utah, to exclude the parcel of lands known as the D. Hyde property to correct a faulty land survey. Directs the Secretary of Agriculture to: (1) convey such parcel to Darrell Edward Hyde of Cache County, Utah; and (2) release any claims against him for trespass or unauthorized use of the parcel before its conveyance. (Sec. 106) Amends the Red Rock Canyon National Conservation Area Establishment Act of 1990 to modify the boundaries of the Red Rock Canyon National Conservation Area. (Sec. 107) Authorizes the Secretary to convey to Provincetown, Massachusetts, specified Federal land within the Cape Cod National Seashore in exchange for specified land outside of the Seashore to allow for the establishment of a municipal facility to serve the town that is restricted to solid waste transfer and recycling facilities and for other municipal activities that are compatible with National Park Service laws and regulations. Directs the Secretary to modify the boundary of the Seashore to include the land that has been added. Extends the Cape Cod National Seashore Advisory Commission until September 26, 2008. (Sec. 108) Directs the Secretary of Agriculture to make a boundary adjustment of the Hells Canyon Wilderness to exclude a specified Forest Service road (which shall continue to be part of the Hells Canyon National Recreation Area) so that it may continue to be used by motorized vehicles to its historical terminus at Squirrel Prairie. Title II: Other Land Conveyances and Management - Subtitle A: Southern Nevada Public Land Management - Authorizes the Secretary of the Interior to dispose of certain Federal lands within the area under the jurisdiction of the Director of the Bureau of Land Management in Clark County, Nevada. (Sec. 203) Allows the State of Nevada or the unit of local government in whose jurisdiction the lands are located (Clark County, Las Vegas, North Las Vegas, or Henderson, Nevada) to elect to obtain the lands for local public purposes pursuant to the Recreation and Public Purposes Act (RPPA). Requires the Secretary, upon application by a unit of local government or regional governmental entity (the Southern Nevada Water Authority, the Regional Flood Control District, and the Clark County Sanitation District), to issue right-of-way grants (valid in perpetuity) on Federal lands in Clark County for all 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. Waives rental or cost recovery fees with respect to such grants. Directs the Secretary to make such lands available to Clark County in accordance with the RPPA for the construction of youth activity facilities. Sets forth provisions concerning: (1) withdrawal of such lands from mining laws and from operation under the mineral leasing and geothermal leasing laws; and (2) joint selection of such lands for sale or exchange by the Secretary and the respective unit of local government. Provides for allocation of proceeds from the land sales and exchanges to: (1) the general education program of Nevada; (2) the Southern Nevada Water Authority; and (3) a special account in the Treasury for the acquisition of environmentally sensitive land in Nevada, capital improvements in Federal areas in Clark County and the Spring Mountains National Recreation Area, development of a multispecies habitat conservation plan, parks, trails, and natural areas in Clark County, and reimbursement of costs incurred by BLM local offices in arranging sales or exchanges. Requires the Secretary to transfer the airport environs overlay district lands identified in the Interim Cooperative Management Agreement between the United States Department of the Interior-Bureau of Land Management and Clark County, dated November 4, 1992, to Clark County upon request, without consideration, and subject to specified conditions, including conditions governing proceeds from the sale or lease of such property by Clark County. (Sec. 204) Allows the Secretaries of the Interior and Agriculture to acquire environmentally sensitive land with the owner's consent. Provides that such acquired land that is within the boundaries of a unit of the National Forest System, the National Park System, the National Wildlife Refuge System, the National Wild and Scenic Rivers System, the National Trails System, the National Wilderness Preservation System, or any other system or national conservation or recreation area established by Act of Congress shall: (1) become part of the unit or area without further action by the respective Secretary; and (2) be managed in accordance with all laws and regulations and land use plans applicable to the unit or area. Includes lands acquired by the Secretaries under this Act within the definition of entitlement lands with respect to Federal payments to a local unit of government in which such land is located (payments in lieu of taxes). (Sec. 206) Authorizes the Secretary, upon request by a grantee of lands within Clark County, Nevada, that are subject to a lease or patent issued under the RPPA, to transfer the reversionary interest in such lands to other non-Federal lands on an equal value basis. (Sec. 207) Requires the Secretary, in consultation with the Secretary of Housing and Urban Development, to make available land in Nevada, in accordance with the RPPA, for purposes of affordable housing (housing that is assisted under the United States Housing Act of 1937) only to State and local governmental entities (including local public housing authorities). (Sec. 208) Directs the Secretary to convey, under specified conditions, to the Clark County, Nevada, Department of Aviation certain real property in Ivanpah Valley, Nevada, for the development of an airport facility and related infrastructure. Requires conveyance of small parcels over 20 years as may be required for phased construction and development. Sets forth provisions concerning: (1) the determination of the fair market value of each conveyed parcel of land; and (2) a reversionary interest in such land if the Secretary determines that the Aviation Department is not developing or progressing toward the development of the conveyed lands as an airport facility. Withdraws the conveyed lands from mineral entry under the Mining Law of 1872 and the Mineral Leasing Act. Subtitle B: Gallatin Land Consolidation - Provides for the exchange of land and other assets including certain timber harvest rights by the Secretaries of Agriculture and the Interior with the Big Sky Lumber Co. (BSL) for inclusion in the Gallatin National Forest and Deerlodge National Forest, Montana. Directs the Secretary of Agriculture to: (1) implement a timber sale program to fund the purchase of specified (Taylor Fork) BSL land; (2) enter into specified land exchanges (Wapiti and Eightmile-West Pine); and (3) implement a restoration program for lands acquired under this Act. Encourages the Secretary to pursue a specified land exchange (section 1 of the Taylor Fork land). (Sec. 216) Authorizes appropriations. Subtitle C: Conveyance of Canyon Ferry Reservoir Properties - Establishes the terms and conditions under which the Secretary of the Interior (Secretary) shall convey 265 cabin sites and certain small contiguous parcels of the Bureau of Reclamation (BOR) around Canyon Ferry Reservoir, Montana, to the lessees of the properties, based upon the highest bidder. Grants the Canyon Ferry Recreation Association, Incorporated, the right to match the highest bid and purchase the property. Sets forth provisions regarding terms of conveyance if the highest bidder is other than CFRA and CFRA does not match the highest bid, rights and options of existing lessees, and applicable requirements if CFRA is the highest bidder or matches the highest bid. (Sec. 225) Sets forth provisions regarding management of the Silos Recreation Area, income generated by concessions at the Area, and use of the proceeds of conveyances under this Act. (Sec. 227) Establishes the Montana Fish and Wildlife Conservation Trust to acquire publicly accessible land and interests in land, easements, and conservation easements in Montana for specified purposes. (Sec. 228) Prohibits the sale of the 265 cabin sites and related BOR parcels unless and until the Board of Commissioners for Broadwater County, Montana, establishes the Canyon Ferry-Broadwater County Trust as a perpetual public trust and the Board deposits at least $3 million as the initial corpus of the Trust. Requires the Commissioners to appoint an advisory committee to establish priorities and prepare requests for the dispersement of funds from the County Trust with the Commissioners' approval. Subtitle D: Conveyance of National Forest Lands for Public School Purposes - Provides for the transfer of up to 40 acres of certain National Forest System lands to a local governmental entity for local public school purposes only. Subtitle E: Other Conveyances - Provides for an exchange of specified Federal lands administered by the El Portal Administrative Site in California in exchange for specified non-Federal lands known as the Yosemite View parcel located adjacent to the Site. (Sec. 242) Authorizes the use of specified lands in Merced County, California, for an elementary school. (Sec. 243) Issues quitclaim deeds to specified individuals to certain family property in Big Horn County, Wyoming. (Sec. 245) Ratifies the "Agreement to Exchange Utah School Trust Lands Between the State of Utah and the United States of America" and sets forth the obligations and commitments of the United States, Utah, and Utah School and Institutional Trust Lands Administration as a matter of Federal law. Repeals Federal law providing for the exchange of Federal lands in Utah in exchange for State lands and providing additional lands within Utah for the Goshute Indian Reservation, with the exception of provisions regarding: (1) payment to Utah of a portion of a royalty payment received by the United States for certain mining and mineral interests in Utah; (2) the limit on such payment; and (3) payment in lieu of taxes for certain entitlement lands in Utah. Requires a $50 million payment to Utah upon completion of all conveyances described in the Agreement. (Sec. 246) Provides for the exchange of specified Federal lands within the Routt National Forest, Colorado, for specified non-Federal lands known as the Miles parcel located adjacent to such Forest. Adjusts the boundary of the Forest to reflect the exchange. (Sec. 247) Provides for the sale or exchange of the Rogue River National Forest administrative site. (Sec. 248) Transfers administrative jurisdiction over certain lands in Lake County, Oregon, located adjacent to or within the Hart Mountain National Antelope Refuge, from the Bureau of Land Management (BLM) to the U.S. Fish and Wildlife Service. Includes transferred lands within the Refuge. Withdraws such lands from the public land, mineral leasing, and mining laws. Requires BLM to retain jurisdiction over certain lands located south of the Refuge identified for cooperative management. Requires such lands that are within the Guano Creek Wilderness Study Area to be managed to maintain the values for which the Area was designated. Transfers administrative jurisdiction over other specified lands adjacent to or within the Refuge from the Fish and Wildlife Service to BLM. Removes such lands from the Refuge and designates them as public lands. (Sec. 249) Amends the Idaho Admission Act regarding school land lease or sale to provide for: (1) establishment of an earnings reserve fund; (2) authorization of a land bank fund for additional land purchases; and (3) elimination of land lease-time restrictions. (Sec. 250) Transfers certain property located in the San Joaquin Valley, California, from the administrative jurisdiction of the Federal Bureau of Prisons, U.S. Department of Justice to the Bureau of Land Management, U.S. Department of the Interior. (Sec. 251) Conveys specified parcels of land under the jurisdiction of the Forest Service in Kern County, California to Kern County. (Sec. 252) Absolves the United States from any liability that did not already exist with respect to the transfer of specified land from the city of St. George, Utah, to the United States located within the Red Cliffs Desert Reserve in Washington County, Utah. Title III: Heritage Areas - Subtitle A: Delaware and Lehigh National Heritage Corridor of Pennsylvania - Amends the Delaware and Lehigh Navigation Canal National Heritage Corridor Act of 1988 (the Act) to change the name of the Delaware and Lehigh Navigation Canal National Heritage Corridor to the Delaware and Lehigh National Heritage Corridor. (Sec. 302) Includes among the Act's purposes enhancing economic development within the context of preservation. (Sec. 303) Modifies provisions regarding: (1) membership of, terms of office for, and confirmation of appointment to the Delaware and Lehigh National Corridor Commission; and (2) powers of the Commission to authorize the conveyance of real property acquired by the Commission to an appropriate nonprofit organization, to authorize the Commission to enter into cooperative agreements with a nonprofit organization, and to require any cooperative agreement to establish procedures for providing notice to the Commission of any action proposed by a nonprofit organization which may affect implementation of the Cultural Heritage and Corridor Management Plan. (Sec. 304) Authorizes the Commission to administer any grant or loan from amounts appropriated, donated, or otherwise made available to the Commission for the purpose of providing a grant or loan. (Sec. 305) Directs the Commission to implement the Plan by taking appropriate steps to preserve and interpret the cultural, natural, recreational, and scenic (currently, limited to historic) resources of the Canal and its surrounding area. (Sec. 306) Terminates the Commission ten years after the date of this Act's enactment. (Sec. 307) Requires specified actions by any Federal entity conducting or supporting activities directly affecting the historic, cultural, natural, recreational, or scenic resources of the Corridor (currently, the flow of the Canal or the natural resources of the Corridor). (Sec. 308) Reauthorizes and increases appropriations under the Act. (Sec. 309) Prohibits the Commission from interfering with private property rights or any local zoning ordinance or land use plan of the Commonwealth of Pennsylvania or any political subdivision. (Sec. 310) Authorizes the Secretary of the Interior, upon request of the Commission, to provide grants and technical assistance to the Commission or units of government, nonprofit organizations, and other persons, for development and implementation of the plan. Subtitle B: Automobile National Heritage Area of Michigan - Establishes the Automobile National Heritage Area in the State of Michigan. Authorizes the Secretary to add or remove lands from the Area in response to a request from the Automobile National Heritage Area Partnership, Inc. (a nonprofit corporation established under Michigan laws). (Sec. 314) Designates the Partnership as the management entity for the Area and authorizes it to receive amounts appropriated to carry out this Act. Provides that if a management plan for the Area is not submitted to the Secretary within the time specified in this Act, the Partnership shall cease to be authorized to receive Federal funding until such a plan is submitted. Sets forth authorized uses of, and a limitation on, such funds by the Partnership. (Sec. 315) Requires the Board of Directors of the Partnership to develop and submit to the Secretary a management plan for the Area for review and approval. (Sec. 316) Authorizes the Secretary to provide technical assistance and, subject to the availability of appropriations, grants to government units, nonprofit organizations, and other persons upon request of the Partnership, and to the Partnership, regarding the management plan and its implementation. Prohibits the Secretary, as a condition of the award of technical assistance or grants, from requiring any recipient of such technical assistance or a grant to enact or modify land use restrictions. (Sec. 317) Declares that nothing in this Act shall be construed to: (1) modify, enlarge, or diminish any authority of Federal, State, or local governments to regulate any use of land under any other law or regulation; (2) grant powers of zoning or land use control to the Partnership; or (3) affect or to authorize the Partnership to interfere with the rights of any person with respect to private property or any local zoning ordinance or land use plan of the State of Michigan or a political subdivision thereof. (Sec. 318) Prohibits the Secretary from making any grant or providing any assistance under this Act after September 30, 2014. (Sec. 319) Authorizes appropriations. Limits Federal funding to 50 percent of the total cost of any activity carried out with any financial assistance or grant provided under this Act. Subtitle C: Miscellaneous Provisions - Extends, through FY 2000, the authorization of appropriations for preservation of structures on or eligible for inclusion on the National Register of Historic Places within the Blackstone River Valley National Heritage Corridor in Massachusetts and Rhode Island. (Sec. 322) Amends the Illinois and Michigan Canal National Heritage Corridor Act of 1984 to extend the Illinois and Michigan Canal National Heritage Corridor Commission to August 24, 2004. Repeals provisions granting the Commission extension authority. Title IV: Historic Areas - Requires the Secretary of the Interior, acting through the Director of the National Park Service and in consultation with the Director of the U.S. Fish and Wildlife Service, the International Midway Memorial Foundation, Inc., the Veterans of Foreign Wars, the Battle of Coral Sea Association, the American Legion, or other appropriate veterans groups, respectively, and Midway Phoenix Corporation, to study and report to specified congressional committees on the suitability and feasibility of establishing Midway Atoll as a national memorial to the Battle of Midway. Requires that the report include an inventory of all known facilities and structures of historical significance on Midway Atoll and its environs. Authorizes appropriations. (Sec. 402) Amends the National Historic Preservation Act to direct the Secretary, in order to provide a national historic light station program, to: (1) collect and disseminate information concerning such stations; (2) foster educational programs relating to the history, practice, and contribution to society of such stations; (3) sponsor or conduct research and study into the history of such stations; (4) maintain a listing of such stations; and (5) assess the effectiveness of the program regarding the conveyance of such stations. Directs the Secretary and the Administrator of General Services to establish a process for identifying and selecting an eligible entity to which a station could be conveyed for education, park, recreation, cultural, and historic preservation purposes. Requires: (1) the Secretary to review all applicants for the conveyance of a station identified as excess to an agency's needs and forward to the Administrator a single approved application for such station; and (2) the Administrator to convey such station, subject to specified conditions that include a requirement that active aids to navigation continue to be operated and maintained by the United States if considered necessary by the Administrator. Prohibits stations located within the exterior boundary of a National Park System unit or a refuge within the National Wildlife Refuge System from being conveyed or sold without the Secretary's approval. Requires: (1) a station to be offered for sale in accordance with terms developed by the Administrator if no applicants are approved for conveyance; and (2) net sale proceeds to be transferred to the National Maritime Heritage Grant Program. Requires any Federal department or agency to which a station is conveyed to maintain the station in accordance with the National Historic Preservation Act of 1966 and the Secretary's Standards for the Treatment of Historic Properties. Authorizes appropriations. (Sec. 403) Establishes the Thomas Cole National Historic Site in New York State as an affiliated area of the National Park System. Provides that the Greene County Historical Society of Greene County, New York, shall continue to own, manage, and operate the Site. Requires the Society to administer the Site in a manner consistent with this Act and all laws generally applicable to National Park System units. Authorizes the Secretary enter into cooperative agreements with the: (1) Society to preserve the Thomas Cole House and other structures in the Site and to assist with education programs and research and interpretation of the Thomas Cole House and associated landscapes; (2) State of New York, the Society, the Thomas Cole Foundation, and other public and private entities to facilitate public understanding and enjoyment of the lives and works of the Hudson River artists through activities related to the preservation, interpretation, and use of the Site; and (3) acquire personal property and works of art associated with, and appropriate for, the interpretation of the Site and for display at the Site. Directs the Secretary, with the cooperation of the Society, to develop and submit to specified congressional committees a general management plan for the Site, including recommendations for regional wayside exhibits. Authorizes appropriations. (Sec. 404) Amends Federal law to include within the Valley Forge National Historical Park the Paoli Battlefield in Malvern, Pennsylvania. Authorizes appropriations to acquire Battlefield property, if a specified amount of non-Federal funds are available for the acquisition (and subsequent donation to the National Park Service) of such property. Authorizes the Secretary to enter into a cooperative agreement with Malvern Borough for the Borough management of the Battlefield Addition. (Sec. 405) Authorizes the Secretary to enter into cooperative agreements to provide to Arizona and the town of Springerville, Arizona, technical assistance to interpret, operate, and maintain the Casa Malpais National Historical Landmark and financial assistance for planning, staff training, and development of the Landmark, but not other routine operations. Provides that such agreements may also: (1) grant the Secretary, acting through the National Park Service, access to public portions of the property covered by the agreements for the purpose of interpreting the Landmark; and (2) prohibit changes or alterations to the Landmark except by mutual agreement between the Secretary and the other parties to all such agreements. Authorizes appropriations. (Sec. 406) Designates the Lower East Side Tenement at 97 Orchard Street, New York, New York, as a national historic site and an affiliated site of the National Park System. Requires the Secretary to coordinate the operation and interpretation of the Site with that of the Lower East Side Tenement Historic Site, the Statue of Liberty, Ellis Island, and Castle Clinton National Monument. Provides that the Lower East Side Tenement Museum shall continue to own, operate, and manage the Site. Authorizes the Secretary to enter into a cooperative agreement with the Museum to ensure the marking, interpretation, and preservation of the Site. Requires the Secretary, working with the Museum, to develop a general management plan for the Site to: (1) define the National Park Service's roles and responsibilities with regard to the interpretation and the preservation of the Site; and (2) outline how interpretation and programming for the Lower East Side Tenement Historic Site, the Statue of Liberty, Ellis Island, and Castle Clinton National Monuments will be integrated and coordinated so as to enhance the stories at each of the four Sites. Authorizes appropriations. (Sec. 407) Gateway Visitor Center Authorization Act of 1998 - Authorizes the Secretary to enter into an agreement with the Gateway Visitor Center Corporation to facilitate the construction and operation of the Gateway Visitor Center on Independence Mall, in Philadelphia. Authorizes: (1) the Corporation to operate the Center in cooperation with the Secretary and to provide at the Center information, interpretation, facilities, and services to visitors of Independence National Historical Park, its surrounding historic sites, the city of Philadelphia, and the region and, acting as a private nonprofit organization, to engage in activities appropriate for operation of a regional visitor center; and (2) the Secretary to undertake, at the Center, activities relating to the management of the Park. Requires revenues from activities engaged in by the Corporation to be used for the Center's operation and administration. Declares that nothing in this Act authorizes the Secretary or the Corporation to take any action in derogation of the preservation and protection of the values and resources of the Park. (Sec. 408) Establishes the Tuskegee Airmen National Historic Site in Alabama as a unit of the National Park System. Requires the Secretary, with the full participation of Tuskegee University, to develop and submit to specified congressional committees a general management plan for the Site. Authorizes appropriations. (Sec. 409) Establishes the Little Rock Central High School National Historic Site, Arkansas, as a unit of the National Park System. Requires the Secretary, within two years after funds are made available, to: (1) prepare a general management plan for the Site; and (2) prepare and transmit to specified congressional committees a National Historic Landmark Theme Study on the history of desegregation in public education. Requires the Secretary, on the basis of the study, to identify possible new national historic landmarks appropriate to this theme and prepare a list in order of importance or merit of the most appropriate sites for national historic landmark designation. Authorizes appropriations. (Sec. 410) Directs the Secretary to submit a resource study of the Sand Creek Massacre site in Colorado to specified congressional committees. Requires the Secretary to act through the Director of the National Park Service and consult with the State of Colorado and the tribes of the Cheyenne and Arapaho of Oklahoma, the Northern Cheyenne, and the Northern Arapaho (the Tribes). Requires the study to: (1) identify the location and extent of the massacre area and the suitability and feasibility of designating the site as a unit of the National Park System; and (2) include cost estimates for any necessary acquisition, development, operation and maintenance, and identification of alternatives for the management and protection of the area. Authorizes appropriations. (Sec. 411) Sets forth provisions providing for the protection and enhancement of the Chesapeake and Ohio Canal National Historical Park, including private acquisition or use of secondary and surplus land controlled by the Secretary and administered as part of the Park and which was first included in the Park in the period beginning January 1, 1972, and ending December 31, 1983. Title V: San Rafael Swell - San Rafael Swell National Heritage and Conservation Act - Subtitle: San Rafael Swell National Heritage Area - Designates the San Rafael Swell National Heritage Area in Utah. (Sec. 514) Authorizes the Secretary of the Interior to make grants for specified uses, but not for acquisition of real property or any interest in real property. (Sec. 515) Prescribes necessary elements of: (1) any compact with respect to the Area entered into by the Secretary, the Secretary of Agriculture, and the Governor of Utah, in coordination with the Heritage Council established by this subtitle; and (2) the heritage plan setting forth the strategy to implement the goals and objectives of the Area. (Sec. 516) Establishes the Heritage Council to manage the Area and develop a heritage plan in accordance with the compact. (Sec. 517) Sets forth disclaimers with respect to land use regulation. (Sec. 518) Authorizes appropriations. Subtitle: San Rafael Swell National Conservation Area -- Establishes the San Rafael Swell National Conservation Area, which the Secretary shall manage to conserve, protect, and enhance its resources. Sec. 523) Directs the Secretary to develop a comprehensive plan for the long-range management and protection of the Conservation Area. (Sec. 525) Establishes a San Rafael Swell National Conservation Area Advisory Council. Subtitle C: Wilderness Areas within the Conservation Area - Designates the following areas within the Conservation Area as components of the National Wilderness Preservation System: (1) Crack Canyon Wilderness Area; (2) Mexican Mountain Wilderness Area; (3) Muddy Creek Wilderness Area; and (4) San Rafael Reef Wilderness Area. (Sec. 533) Declares that grazing of livestock within designated wilderness areas: (1) shall be administered according to specified law and guidelines; and (2) shall not be reduced, increased, or withdrawn, except based solely on scientific analyses of range conditions. (Sec. 534) Declares that any public land administered by the Bureau of Land Management within the Conservation Area in Emery County, Utah, that is not designated as wilderness by this subtitle: (1) shall not be subject to management for preservation as wilderness; but (2) shall be managed for multiple uses and in accordance with certain land management plans. Subtitle D: Other Special Management Areas Within Conservation Area - Establishes within the Conservation Area a San Rafael Swell Desert Bighorn Sheep Management Area to provide for the prudent management of Desert Bighorn Sheep and their habitat in the Sid's Mountain area of the Conservation Area. Prescribes requirements for management and use of the Management Area. Directs the Secretary to include a management plan for the Area in the Conservation Area management plan. (Sec. 542) Directs the Secretary to designate within the Conservation Area certain semi-primitive nonmotorized use areas, which shall provide opportunities for: (1) isolation from the sights and sounds of humans (including their motorized vehicles); (2) a high degree of interaction with the natural environment; and (3) the practice of outdoor skills in settings that present moderate challenge and risk. (Sec. 543) Directs the Secretary to designate within the Conservation Area a specified scenic visual area of critical environmental concern to preserve the scenic value of the Interstate Route 70 corridor. Subtitle E: General Management Provisions - Requires the Secretary to permit domestic livestock grazing within areas of the Conservation Area where grazing was established before enactment of this Act, except in wilderness areas. (Sec. 552) Directs the Secretary to authorize the discovery of, protect, and (at the Secretary's discretion) interpret cultural or paleontological resources within the Conservation Area. (Sec. 553) Provides for the exchange of Federal lands or interests in lands with the State of Utah for any school and institutional trust lands of the State whose value or economic potential may be diminished by establishment of the Conservation Area. (Sec. 554) Declares that there is no express or implied Federal reservation of water or water rights arising from the designation of any area as part of the Conservation Area or as a wilderness or semi-primitive area under this Act. Authorizes the United States to acquire and exercise, in accordance with State law, such water rights as necessary to carry out its responsibilities on any land designated as part of the Conservation Area. (Sec. 555) Declares that nothing in this Act affects the State jurisdiction or responsibilities with respect to fish and wildlife management activities. Declares that the Congress does not intend that the designation of the Conservation Area or any wilderness or semi-primitive area lead to the creation of protective perimeters or buffer zones around the area, but only within it. Provides for: (1) the set back of boundaries from roads and rights-of- way; and (2) acquisition of land from non-governmental entities by exchange or purchase only. Title VI: National Parks - Amends Federal law to include in the land and water use management plan for the Pictured Rocks National Lakeshore, Michigan, provisions for appropriate improvements to Alger County Road H-58. Prohibits construction of a scenic shoreline drive in the Lakeshore. (Sec. 602) Modifies the boundary of the Arches National Park, Utah, to include the Lost Spring Canyon Addition (Area). Requires the Secretary of the Interior to transfer jurisdiction over the Federal lands contained in the Area from the Bureau of Land Management to the National Park Service to be administered in accordance with the laws and regulations applicable to the Park. Continues existing grazing leases, permits, or licenses for the Area for the lifetime of the existing permittee and of any direct descendants of the permittee born before enactment of this Act. Allows the sale of such grazing lease, permit, or license, except that the term of a sold lease, permit, or license shall not exceed ten years or its retirement date, whichever occurs first. Withdraws Federal lands within the Area from the public land and mineral leasing laws. Provides that the inclusion of the Area in the Park shall not affect the operation or maintenance by the Northwest Pipeline Corporation of the natural gas pipeline that passes through the Area. Directs the Secretary of the Interior to transfer specified Federal lands to the State of Utah in exchange for specified State school trust lands, if the State offers such exchange within one year after enactment of this Act. Subjects such exchanged lands to valid existing rights. Specifies requirements to be satisfied by the State before undertaking or permitting any surface disturbing activities. Requires the State to preserve existing grazing, recreational, and wildlife uses of such lands. Permits Utah to authorize or undertake surface or mineral activities authorized by existing or future land management plans for the acquired lands. (Sec. 603) Terminates a Special Use Permit, issued by the Secretary to the Miccosukee Indian Tribe on February 1, 1973, authorizing such Tribe's use of a specified area of the northern portion of Everglades National Park, Florida. Expands the area covered by the former Permit, to be known as the Miccosukee Reserved Area (MRA). Directs the Tribe to govern its own affairs within the MRA as though it were a Federal Indian reservation. Gives the Tribe exclusive use and occupancy over the MRA in perpetuity. Confers Indian Country status on the MRA, with exclusive Federal jurisdiction. Directs the Tribe to prevent and abate any significant: (1) water quality, quantity, or distribution degradation; (2) propagation of exotic plants or animals outside the MRA; (3) hindrance to public access to Park areas outside the MRA; and (4) cumulative adverse environmental impact on the Park outside the MRA resulting from development or other activities within the MRA. Requires the Tribe to: (1) develop, publish, and implement procedures assuring adequate public notice and opportunity to comment on major tribal actions within the MRA that may have a significant cumulative adverse impact on the Everglades ecosystem; and (2) adopt and comply with water quality standards within the MRA that are at least as protective as those for the Park areas approved under the Federal Water Pollution Control Act. Restricts buildings within the MRA to 45 feet or two stories in height, with exceptions for: (1) a structure within the Miccosukee Government Center; and (2) certain public service structures. Authorizes the waiver of such restriction by the Secretary when appropriate. Provides other limitations, including gaming and aviation, within the MRA. Directs the Secretary and the tribal chairman to reach required agreements under this Act, authorizing the use of the Federal Mediation and Conciliation Service. Provides general authorities, including easements and access rights to Federal agents to monitor tribal compliance with this Act. States that nothing in this Act shall enhance or diminish current water rights. Authorizes the Attorney General or the Tribe to bring suit to enforce this Act. (Sec. 604) Adjusts the boundaries of the Cumberland Island Wilderness, Georgia to exclude and to include certain lands if the proposed land exchange being negotiated between the Secretary and the Nature Conservancy and High Point, Inc. is agreed to with regard to Cumberland Island National Seashore and Cumberland Island Wilderness. Excludes the main road on Cumberland Island (as described on the register of national historic places), the spur road that provides access to Plum Orchard mansion, and such limited area on each side of these roads as necessary, from the boundaries of the Cumberland Island Wilderness and the potential wilderness area. Requires the Secretary to: (1) restore Plum Orchard mansion at Cumberland Island National Seashore so that the condition of the restored mansion is at least equal to the condition of the mansion when it was donated to the United States; and (2) submit a comprehensive plan for the repair, stabilization, and restoration of the mansion to such condition. Authorizes appropriations. Directs the Secretary to: (1) identify, document, and protect archaeological sites located on Federal land within the Seashore; and (2) prepare and implement a plan to preserve designated national historic sites within the Seashore. Designates, subject to valid existing rights and pre-existing uses, a specified parcel of Federal land within Cumberland Island National Seashore as wilderness and a component of the National Wilderness Preservation System. Adjusts the boundaries of the Cumberland Island Wilderness to include the parcel. (Sec. 605) Requires the Secretary, acting through the Director of the National Park Service, to undertake feasibility studies and report to the Congress on the establishment of National Park System units in specified areas of the islands of Maui, Lanai, Kauai, and Molokai of Hawaii (including the feasibility of extending the present National Historic Park boundaries at Kalaupapa Settlement eastward to Halawa Valley along the island's north shore). (Sec. 606) Amends the Antiquities Act to prohibit the President from issuing a proclamation designating more than 50,000 acres in a single State in a single calendar year as a national monument until 30 days after the President has transmitted the proposed proclamation to the Governor of the affected State. Provides that the proclamation shall cease to be effective two years after it is issued unless the Congress has approved it by joint resolution. (Sec. 607) Amends Federal law regarding Channel Islands National Park, California, to direct the Secretaryto grant to specified individuals rights of use and occupancy of the Gherini Ranch on Santa Cruz Island for a term of 25 years. (Sec. 608) Authorizes the Secretary to acquire up to 15 acres of land known as the Warren Property or Mount Kimble, to be included in and administered as part of Morristown National Historical Park. (Sec. 609) Amends the Land and Water Conservation Fund Act of 1965 to allow the Secretary in any fiscal year to withhold from the special Treasury account established for a Federal agency 100 percent of the fees and charges (such as recreational use fees) collected by such agency in connection with any National Park System (NPS) unit at which entrance or admission fees cannot be collected by reason of deed restrictions. Requires such amounts to be retained for expenditure by the Secretary, without further appropriation, for such NPS unit. (Sec. 610) Provides for an additional map to depict lands added to the Chattahoochee River National Recreation Area, Georgia, pursuant to this Act. Allows, after July 1, 1999, the Secretary to modify the boundaries of the Area to include other lands within 2,000 feet of each bank of the River by submitting a revised map or other boundary description to the Congress. Prohibits such revised boundaries from taking place if the Congress adopts a Joint Resolution disapproving the revision. Permits, before such date, a landowner whose land or portion thereof is within 2,000 feet of each bank of the River, to notify the Secretary that such land is not to be included within the revised boundaries of the Area. Requires the Secretary to modify the boundaries to exclude such land upon receipt of its legal description. Increases the total acreage limitation for the Area to 10,000 (currently, approximately 6,800). Repeals Federal provisions providing for exchange of Federal lands within the Area for non-Federal lands within its boundaries. Authorizes the Secretary to enter into cooperative agreements with other entities (currently, Georgia and its political subdivisions) to assure standardized acquisition, planning, design, construction, and operation of the Area. Decreases from $79.4 million to $25 million the cap on the authorization of appropriations for acquisition of land and interests in land for the Area. Authorizes the Secretary to accept the donation of funds and lands or interests in lands to carry out this Act. Requires the Secretary, within three years after enactment of this Act, to submit to specified congressional committees a revision of the general management plan for the Area. Prohibits the acquisition of lands and interests in lands under this Act without the owner's consent. Title VII: Reauthorization -Amends the National Historic Preservation Act to authorize (current law requires) the Secretary of the Interior to undertake a review of the nomination of a property for inclusion on the National Register of Historic Places as a national historic landmark when an objection to such inclusion has been made. Authorizes the Secretary to administer grants (current law requires the Secretary to administer a program of matching grants-in-aid) to the National Trust for Historic Preservation in the United States. Requires a State or Indian tribe to be solely responsible for determining which professional employees are necessary to carry out its duties relating to the administration of an historic preservation program. Limits Federal properties under the jurisdiction of the Architect of the Capitol that are exempt from requirements of the National Historic Preservation Act to those properties depicted on a specified map to be kept on file in the office of the Secretary. Extends through FY 2004 funding for the Historic Preservation Fund. Requires Federal agencies: (1) prior to procuring buildings for carrying out agency responsibilities, to use historic properties available to the agency to the maximum extent feasible, especially in central business areas; and (2) when locating Federal facilities, to give first consideration to historic properties in historic districts, then to developed or undeveloped sites within such districts, and finally to historic properties outside of such districts. Requires any rehabilitation or construction undertaken pursuant to such Act to be architecturally compatible with the character of the surrounding historic district or properties. Extends through FY 2004 the budget authority for the Advisory Council on Historic Preservation. (Sec. 702) Reauthorizes the Delaware Water Gap National Recreation Area Citizen Advisory Commission until October 31, 2008. (Sec. 703) Increases from $1 million to $4 million the authorization of additional appropriations for the New Jersey Coastal Heritage Trail Route. Extends the Secretary's authority with respect to such Route until May 4, 2004. Includes the township of Woodbridge, New Jersey, as a cultural site along the New Jersey Coastal Heritage Trail Route. (Sec. 704) Amends the National Parks and Recreation Act of 1978 to extend, for an additional ten years, the authorization for the Upper Delaware Citizens Advisory Council. Title VIII: Rivers and Trails - Amends the National Trails System Act to provide for the establishment, as components of the National Trails System, of national discovery trails which shall be extended, continuous interstate trails located so as to provide for outdoor recreation and travel and to connect representative examples of America's trails and communities. Permits such trails to be designated on nonfederal lands, with an owner's consent. Prohibits a trail from being considered feasible and desirable for designation as a national discovery trail unless : (1) the trail links one or more areas within the boundaries of a metropolitan area and joins with other trails, tying the National Trails System to significant recreation and resources areas; (2) the trail is supported by at least one competent trailwide volunteer-based organization and has extensive local and trailwide support by the public, user groups, and affected State and local governments; (3) the trail extends and passes through more than one State and, at a minimum, is a continuous, walkable route; and (4) the appropriate Secretary obtains written consent from affected landowners before entering nonpublic lands to conduct surveys or studies of nonpublic lands. Exempts national discovery trails from Federal provisions authorizing the Secretary to use condemnation proceedings to acquire private lands without the owner's consent. Designates as a national discovery trail the 6,000-mile American Discovery Trail which shall extend from Cape Henlopen State Park in Delaware to Point Reyes National Seashore in California, traveling northern and southern routes from Cincinnati, Ohio, to Denver, Colorado. Requires: (1) the Trail to be administered by the Secretary of the Interior in cooperation with at least one competent trailwide volunteer-based organization, affected land managing agencies, and State and local governments as appropriate; and (2) the responsible Secretary, within three complete fiscal years after designation of a national discovery trail, to submit a comprehensive plan for the protection, management, development, and use of the Federal portions of the trail and provide technical assistance to States, local units of government, and private landowners, as requested, for nonfederal portions of the trail. (Sec. 802) Amends the National Trails System Act to designate the Lincoln National Historic Trail (a trail of approximately 350 miles extending from Lake Michigan to the Mississippi River with an extension of the water route down the River to connect with the Lewis and Clark National Historic Trail near Wood River, Illinois as a component of the National Trails System. Designates an extension of such water route down the Sangamon River from Beardstown to Springfield for study as an addition to such System. Amends the Wild and Scenic Rivers Act to designate segments of the Sudbury, Assabet, and Concord Rivers in Massachusetts as components of the National Wild and Scenic Rivers System. Requires the segments to be: (1) administered by the Secretary through cooperative agreements between the Secretary and the Commonwealth of Massachusetts and its relevant political subdivisions; and (2) managed in accordance with the Sudbury, Assabet, and Concord Wild and Scenic River Study, River Conservation Plan which shall be deemed to satisfy the requirement for a comprehensive management plan pursuant to the Act. Requires the Director of the National Park Service to represent the Secretary in the implementation of the Conservation Plan and the provisions of the Act with respect to the segments. Authorizes appropriations. (Sec. 803) Requires the Secretary: (1) acting through the Director of the Bureau of Land Management, to establish the National Historic Trails Interpretive Center in Casper, Wyoming, for the interpretation of the historic trails in the vicinity of Casper, including the Oregon Trail, the Mormon Trail, the California Trail, the Pony Express Trail, the Bridger Trail, the Bozeman Trail, and various Indian routes; and (2) to construct, operate, and maintain facilities for the Center. Allows the Secretary to: (1) accept, retain, and expend donations of funds, property, or services from individuals, foundations, corporations, or public entities for development and operation of the Center; (2) collect an entrance fee from visitors to the Center; and (3) use such fees for the Center's operating expenses. Authorizes appropriations. Title IX: Hazardous Fuels Reduction - Community Protection and Hazardous Fuels Reduction Act of 1998 - Subtitle A: Management of Wildland-Urban Interface Areas - Requires the Bureau of Land Management and the Forest Service to identify wildlife-urban interface areas (the line, area, or zone where structures and other human development meet or intermingle with undeveloped wildland or vegetative fuel) with hazardous fuels buildups and other forest management needs. (Sec. 912) Authorizes the Secretary of Agriculture or of the Interior to (temporarily) enter into forest product sales contracts in order to reduce hazardous fuels buildups in such areas, which may require the purchaser to undertake forest management projects under specified conditions in return for forest management credits. Limits such credits to $75 million per fiscal year. Subtitle B: Miscellaneous Provisions - Requires the Secretary concerned to issue implementing regulations within a specified time. Authorizes program appropriations. Title X: Miscellaneous Provisions - Authorizes the Government of India to establish a memorial to honor Mahatma Gandhi on specified Federal land in the District of Columbia. Prohibits the United States from paying any expense of establishing the memorial. (Sec. 1002) National Cave and Karst Research Institute Act of 1997 - Requires the Secretary of the Interior, acting through the Director of the National Park Service, to establish the National Cave and Karst Research Institute in the vicinity and outside the boundaries of Carlsbad Caverns National Park, New Mexico. Limits Federal funding to matching funds. Authorizes appropriations. (Sec. 1003) Establishes the Guadalupe-Hidalgo Treaty Land Claims Commission to determine the validity of land claims arising out of the Treaty of Guadalupe-Hidalgo of 1848. Authorizes to petition the Commission, on behalf of themselves and all other descendants, ten or more eligible Mexican descendants in the State of New Mexico who are also descendants of the same community land grant. Directs the Commission to establish a Community Land Grant Study Center. Authorizes appropriations. (Sec. 1004) Designates specified public lands in the California Desert District of the Bureau of Land Management as the Otay Mountain Wilderness. Declares that such designation: (1) shall not preclude Federal, State, or local government drug interdiction and border operations or wildland fire management operations within the Wilderness; and (2) is not intended to lead to the creation of protective buffer zones around the Wilderness. (Sec. 1005) Directs the Secretary to: (1) purchase the Wilcox Ranch in Eastern Utah; and (2) transfer the surface estate to such lands to the State of Utah for management by the State Division of Wildlife Resources for wildlife habitat and public access. Authorizes the Secretary to use not more than $5 million from the land and water conservation fund for the purchase. (Sec. 1006) Mount St. Helens National Volcanic Monument Completion Act - Requires the Secretary to acquire, by exchange, the mineral and geothermal interests of each company (Burlington Northern, Incorporated or the Weyerhaeuser Company) in the Mount St. Helens National Volcanic Monument in the State of Washington. Sets forth requirements and administrative procedures for such exchange, including requiring the Secretary, in exchange for all mineral and geothermal interests acquired from each company, to issue to each such company monetary credits with a value of $2.1 million that may be used for the payment of: (1) not more than 50 percent of the bonus or other payments made by successful bidders in any sales of mineral, oil, gas, or geothermal leases under the Mineral Leasing Act, the Outer Continental Shelf Lands Act, or the Geothermal Steam Act of 1970 in the contiguous 48 States; (2) not more than ten percent of the bonus or other payments made by successful bidders in any sales of such leases under such Acts; (3) not more than 50 percent of any royalty, rental, or advance royalty payment made to the United States to maintain any mineral, oil, or gas, or geothermal lease in the 48 contiguous States issued under such Acts; or (4) not more than ten percent of any royalty, rental, or advance royalty payment made to the United States to maintain any mineral, oil, or gas, or geothermal lease in Alaska issued under such Acts. Requires the Secretary to accept credits in the same manner as cash for the payments. Requires that all amounts in the form of credits accepted by the Secretary for the payments be considered to be money received for the purpose of the Mineral Leasing Act and the Geothermal Steam Act of 1970. Directs the Secretary, not later than 30 days after the completion of the required exchange with a company, to establish an exchange account for that company for the monetary credits issued to it. Permits: (1) a company to transfer or sell any credits in the company's account to another person; and (2) such credits transferred or sold to be used only by a person that is qualified to bid on, or that holds, a mineral, oil, or gas lease under the Mineral Leasing Act, the Outer Continental Shelf Lands Act, or the Geothermal Steam Act of 1970. Terminates an account created for a company five years after creation. Requires the Secretary to report to specified congressional committees on: (1) all remaining privately held mineral interests within the boundaries of the Monument; and (2) a plan and a timetable by which the Secretary would propose to complete the acquisition of such interests. (Sec. 1007) Directs the Secretary of Agriculture (Secretary), with respect to the Emigrant Wilderness in the Stanislaus National Forest, California, to enter into an agreement with a non-Federal entity to retain, maintain, and operate at private expense 18 concrete dams and weirs at levels that applied to them before enactment of a specified Act (January 3, 1975). (Sec. 1008) Granite Watershed Enhancement and Protection Act of 1997 - Authorizes the Secretary to enter into a five-year contract with a single private contractor to perform multiple resource management activities (reduction of forest fuel loads, monitoring of wildlife and water quality in the Granite watershed) on Federal lands within the Stanislaus National Forest, California, to demonstrate enhanced water quality at reduced Government cost. (Sec. 1009) Authorizes the Secretary to remove dead, downed, or severely root-sprung trees in accordance with certain alternative arrangements approved by the Council on Environmental Quality for forests and grasslands in Texas in specified National Forest areas in Colorado, Utah, California, Oregon, Pennsylvania, New Hampshire, Vermont, Idaho, Kentucky, and Florida. Authorizes the Secretary and the Secretary of the Interior, respectively, to request Council approval of alternative tree removal arrangements in cases of catastrophic forest conditions. (Sec. 1010) Amends the Federal Land Policy and Management Act of 1976 to prohibit the Secretary of the Interior, with respect to public lands, or the Secretary of Agriculture, with respect to national forest system lands, from imposing liability without fault for fire suppression costs incurred by the United States with respect to a right-of-way if the right-of-way holder is a not-for-profit entity, including one that uses such right-of-way for electricity delivery to parties having an equity interest in the not-for-profit entity. (Sec. 1011) Directs the Secretaries of Agriculture and the Interior to conduct a study regarding improved outdoor recreational access for persons with disabilities. (Sec. 1012) Designates the site located directly below Inspirational Point within the San Jacinto Ranger District of the San Bernardino National Forest, California, on which communications facilities are located on August 1, 1998, to be used for communication purposes by the persons who operate such facilities until such time as such persons no longer require the use of such site and provide written notice to that effect to the Forest Service. (Sec. 1013) Amends the Outer Continental Shelf Lands Act to prohibit fees from being assessed against a Federal, State, or local government agency (currently, Federal) regarding negotiations between the Secretary and persons concerning an agreement for the use of Outer Continental Shelf sand, gravel, and shell resources based on an assessment of the value of the resources and the public interest served by promoting development of them. (Sec. 1014) Subjects to the Mineral Leasing Act certain Federal reserved mineral interests conveyed by specified United States land patents. Authorizes any person who acquires a lease under the Act for such mineral interests to exercise the Federal right of entry reserved in such patents by occupying the surface required for purposes reasonably incident to exploration, extraction, and removal of the leased minerals. Prescribes permissible means of occupancy. (Sec. 1015) Authorizes the Secretary of the Interior to enter into noncompetitive oil and gas production and reclamation contracts with well operators in the Wayne National Forest (Ohio) who meet specified statutory criteria pursuant to private land mineral leases, subject to the same laws and regulations that applied to such leases. Proscribes contractual arrangements authorizing deeper completions or additional drilling. Requires contracts to require contractors to provide a Federal oil and gas bond to ensure complete and timely reclamation of the former lease tract in accordance with regulations of the Bureau of Land Management (BLM) and the Forest Service, unless the Secretary accepts in lieu thereof assurances from the Ohio Department of Natural Resources, Division of Oil and Gas, that: (1) the contractor is in compliance with specified Ohio bonding requirements; (2) the United States is entitled to receive funding under Ohio law to properly plug and restore oil and gas sites and lease tracts; and (3) at least 20 percent of Ohio State severance tax revenues have been allocated to the State of Ohio Orphan Well Fund. Declares that, in entering into any contract under this Act, the Secretary shall reserve the right to require contractor compliance with BLM and Forest Service oil and gas lease bonding requirements whenever the Secretary finds that less than 20 percent of State severance tax revenues has been allocated to such Fund. (Sec. 1016) Authorizes the Washington Interdependence Council of the District of Columbia to establish a memorial in the District to honor and commemorate the accomplishments of Benjamin Banneker. Prohibits the use of Federal funds to pay any expense for establishment of such memorial. Title XI: Amendments and Technical Corrections to 1996 Omnibus Parks Act - Subtitle A: Technical Corrections to the Omnibus Parks Act - Amends the Omnibus Parks and Public Lands Management Act of 1996 (the Act) to make technical corrections to provisions concerning the: (1) Presidio of San Francisco; (2) Colonial National Historical Park; (3) Merced Irrigation District; (4) Big Thicket National Preserve; (5) Kenai Natives Association land exchange; (6) Lamprey Wild and Scenic River; (7) Vancouver National Historic Reserve; (8) Memorial to Martin Luther King, Jr.; (9) Advisory Council on Historic Preservation; (10) Great Falls Historic District, New Jersey; (11) New Bedford Whaling National Historical Park; (12) Nicodemus National Historic Site; (13) Aleutian World War II National Historic Area; (14) Revolutionary War and War of 1812 Historic Preservation Study; (15) Shenandoah Valley Battlefields; (16) Washita Battlefield; (17) ski area permit rental charge; (18) Glacier Bay National Park; (19) Robert J. Lagomarsino visitor center; (20) National Park Service administrative reform; (21) Blackstone River Valley National Heritage Corridor; (22) Tallgrass Prairie National Preserve; (23) recreation lakes; (24) Fossil Forest protection; (25) Opal Creek Wilderness and Scenic Recreation Area; (26) Boston Harbor Islands National Recreation Area; (27) Natchez National Historical Park; (28) regulation of fishing in certain waters of Alaska;(29) National Coal Heritage Area; (30) Tennessee Civil War Heritage Area; (31) Augusta Canal National Heritage Area; (32) Essex National Heritage Area; and (33) Ohio & Erie Canal National Heritage Corridor. Subtitle B: Other Amendments to Omnibus Parks Act - Amends the Act to extend, until October 27, 2003, the authority of the Black Revolutionary War Patriots Foundation to establish a memorial on Federal land in the District of Columbia or its environs. Title XII: Dutch John Federal Property Disposition and Assistance - Dutch John Federal Property Disposition and Assistance Act of 1998 - Provides for the transfer or disposal of certain Federal properties at Dutch John, Utah. (Sec. 1206) Transfers lands designated for disposal from the jurisdiction of the Secretary of Agriculture (Secretary), acting through the Chief of the Forest Service, to the Secretary of the Interior, acting through the Commissioner of the Bureau of Reclamation (BLM), and, if appropriate, the Postal Service. Removes such lands from inclusion in the Ashley National Forest and the Flaming Gorge National Recreation Area. Directs the Secretary of the Interior to transfer administrative jurisdiction over certain lands acquired for the Central Utah Project and developed for wildlife mitigation to the Secretary. Incorporates such lands into the Ashley or Uinta National Forests. Directs the Secretary to transfer administrative jurisdiction over certain lands to the Postal Service. (Sec. 1209) Requires the Secretary of the Interior to conduct appraisals to determine the fair market value of properties designated for disposal. (Sec. 1210) Conveys specified infrastructure facilities, land, and public schools to Daggett County, and certain facilities of the Utah Division of Wildlife Resources to the Division, without consideration. Sets forth requirements for the purchase of disposed residential properties. Bases priority in purchasing on seniority of reclamation lease or residency in Dutch John. Limits households to one residential lot. Sets forth requirements for the purchase of unoccupied lots, special use lands, and church land. Transfers all water rights to the Dutch John municipal water system to the County, subject to certain conditions. Requires the Secretary to consider issuance of a special use permit affording Flaming Gorge Reservoir public shoreline access and use within the vicinity of Dutch John in conjunction with commercial visitor facilities provided under such a permit. (Sec. 1212) Directs the Secretary, before transfer or disposal of any land that contains cultural resources and may be eligible for listing on the National Register of Historic Places, to prepare a memorandum of agreement, for review and approval by the Utah Office of Historical Preservation and the Advisory Council on Historic Preservation, that contains a strategy for protecting or mitigating adverse effects on cultural resources. Conveys such land to the County upon completion of actions required under the agreement. (Sec. 1213) Requires the Secretary of the Interior to provide training and transitional operating assistance to County personnel designated as successors to operators of conveyed infrastructure facilities. Provides for annual payments to the County, for up to 15 years, for purposes of defraying administrative transition costs. Makes available a limited amount of electric power and energy from the Colorado River Storage Project for the Dutch John community. (Sec. 1214) Authorizes appropriations. Title XIII: Reclamation Project Conveyances and Miscellaneous Provisions - Subtitle A: Sly Park Dam and Reservoir, California - Sly Park Unit Conveyance Act - Directs the Secretary of the Interior to convey the Sly Park Dam and Reservoir, Camp Creek Diversion Dam and Tunnel, and conduits and canals held by the United States (the project) to the El Dorado Irrigation District, California, in consideration of the District accepting the Government's obligations for the Project and subject to District payment of the net present value of the remaining repayment obligation. Requires the transfer to be completed within 180 days if no changes in project operations are expected, and within two years if the District intends to change project operations. Requires the Secretary to: (1) bear all administrative costs if transfer does not occur within the authorized period; and (2) pay one-half of such costs otherwise. (Sec. 1316) Exempts the project from application of the Reclamation Act of 1902 upon such conveyance, except that the District is required to make payments into the Central Valley Project Restoration Fund for 31 years after the enactment of the Act. Calculates the District's obligation in the same manner as Central Valley Project water contractors. Subtitle B: Minidoka Project, Idaho - Burley Irrigation District Conveyance Act - Directs the Secretary to convey to the Burley Irrigation District, Idaho, the Southside Pumping Division of the Minidoka Project, Idaho, and related water rights in consideration of the District accepting the Government's obligations for the Project. Provides transfer completion and administrative costs requirements identical to those provided under subtitle A. (Sec. 1325) Continues the right of the Minidoka Irrigation District to the joint use of the gravity portion of the Southside Canal under a current contract. Directs the Secretary to: (1) allocate to the District storage space in three area reservoirs; and (2) provide the District with reserved power. Subtitle C: Carlsbad Irrigation Project, New Mexico - Carlsbad Irrigation Project Acquired Land Conveyance Act - Directs the Secretary to convey to the Carlsbad Irrigation District, New Mexico, specified real property within the Carlsbad Project in New Mexico and all U.S. interests in Project irrigation and drainage system and related ditch rider houses, the maintenance shop and buildings, and Pecos River Flume. Provides transfer completion and administrative costs requirements identical to those provided under subtitle A. (Sec. 1336) Directs the Secretary to: (1) provide a written identification of all mineral and grazing leases in effect on Project lands; and (2) notify all leaseholders of the conveyance authorized by this title. Requires the District to assume all U.S. rights and obligations under existing mineral and grazing leases, licenses, and permits and entitles the District to any associated receipts. Requires receipts paid into the reclamation fund as Project credits to be made available for the payment of administrative costs. Subtitle D: Palmetto Bend Project, Texas - Palmetto Bend Conveyance Act - Requires the Secretary to convey the Palmetto Bend reclamation project, Texas, to the Lavaca-Navidad River Authority and the Texas Water Development Board, jointly, in consideration of their accepting the Government's obligations for the project and subject to their payment of the net present value of the remaining repayment obligation. Provides transfer completion and administrative costs requirements identical to those provided under subtitle A. (Sec. 1344) Prohibits Lake Texana from being used to wheel water originating from the Texas, Colorado River. Subtitle E : Wellton-Mohawk Division, Gila Project, Arizona - Wellton-Mohawk Division Title Transfer Act of 1998 - Directs the Secretary to convey to the Wellton-Mohawk Irrigation and Drainage District, Arizona, the Wellton-Mohawk Division, Gila Project in Arizona, in consideration of the District accepting the Government's obligations for the Project and subject to the payment of fair market value for District lands that have been withdrawn from public use for reclamation purposes. Provides transfer completion and administrative costs requirements identical to those provided under subtitle A. (Sec. 1357) Requires the Secretary and the Secretary of Energy to deliver Colorado River water and Parker-Davis Project Priority Use power to the District under the terms of existing contracts. Subtitle F : Canadian River Project, Texas - Canadian River Project Prepayment Act - Authorizes prepayment of amounts due under a Bureau of Reclamation water reclamation project contract for the Canadian River Project, Texas. Directs the Secretary, upon such payment, to convey to the Canadian River Municipal Water Authority all U.S. rights and interests to the Project pipeline and related facilities authorized under such contract. Subtitle G : Clear Creek Distribution System, California - Clear Creek Distribution System Conveyance Act - Directs the Secretary to convey title to the Clear Creek Distribution System, California, to the Clear Creek Community Services District in consideration of the District accepting the Government's obligations for the System. Provides transfer completion and administrative costs requirements identical to those provided under subtitle A. Subtitle H : Pine River Project, Colorado - Vallecito Dam and Reservoir Conveyance Act - Directs the Secretary to convey to the Pine River Irrigation District, Colorado, an undivided five-sixths interest in the Pine River Project (the Vallecito Dam and Reservoir and associated interests) in consideration of the District accepting the Government's obligations under the Project. Requires the District, prior to such conveyance, to submit to the Secretary a plan to manage the Project similarly to the manner in which it was previously managed. Provides transfer completion and administrative costs requirements identical to those provided under subtitle A. Directs the Secretary, at the option of the Southern Ute Indian Tribe in Colorado, to convey to the Tribe an undivided one-sixth interest in the Project, all interests in lands in such area over which the Bureau of Indian Affairs (BIA) holds administrative jurisdiction, and associated water rights. (Sec. 1384) Directs the: (1) Secretary to submit to the District, the BIA, and the State of Colorado a description of the current condition of Vallecito Dam; and (2) District to work with the Army Corps of Engineers to develop a flood control plan for the operation of such Dam. Provides for: (1) the transfer of certain inundated lands along the Reservoir; and (2) appropriate administrative jurisdiction over such lands after such transfer. Subtitle I: Technical Corrections and Miscellaneous Provisions - Amends the Reclamation Safety of Dams Act of 1978 to reduce (from 60 to 30 days after the Secretary of the Interior has transmitted a report on an existing dam to the Congress) the required waiting period before the obligation of reclamation funds provided under such Act. Amends the Reclamation Projects Authorization and Adjustment Act of 1992 to direct the Secretary to participate in the planning, design, and construction of the: (1) Albuquerque Metropolitan Area Water Reclamation and Reuse Project; and (2) Phoenix Metropolitan Water Reclamation and Reuse Project. Adds as a purpose of the Albuquerque project to reclaim and use nonpotable surface water in the Albuquerque metropolitan area. Directs the Secretary to refund all amounts received by the United States as collections under the Reclamation Reform Act of 1982 for charges that were assessed for failure to file certain certification or reporting forms. Allows certain administrative fees to be retained. Authorizes appropriations. Amends the Emergency Drought Relief Act of 1996 to extend the period of contract repayment for: (1) the city of Corpus Christi, Texas, and the Nueces River Authority under the Nueces River reclamation project, Texas; and (2) the Canadian River Municipal Water Authority under the Canadian River reclamation project, Texas. Authorizes the Secretary to enter into contracts with the Solano County Water Agency, or any of its member unit contractors for water from the Solano Project, California, pursuant to the Act of February 21, 1911 (subject to a limitation on the portion of the Project that may be used) for: (1) the impounding, storage, and carriage of nonproject water for domestic, municipal, industrial, and other beneficial purposes, using any facilities associated with the Project; and (2) the exchange of water among Project contractors for such purposes, using facilities associated with the Project. Authorizes the Secretary to use otherwise available amounts to provide up to $2 million in financial assistance to the Medford Irrigation District and the Rogue River Valley Irrigation District for the design and construction of fish passage and protective facilities at North Fork Little Butte Creek Diversion Dam and South Fork Little Butte Creek Diversion Dam in the Rogue River basin, Oregon, if the Secretary determines in writing that these facilities will enhance the fish recovery efforts currently underway at the Rogue River Basin Project, Oregon. (Sec. 1392) Authorizes the Secretary of the Interior to construct: (1) a temperature control device and associated monitoring facilities on Folsom Dam to be operated as part of the Central Valley Project for the benefit and propagation of fall-run chinook salmon and steelhead trout in the American River, California; and (2) such a device and facilities on existing non-Federal facilities delivering Central Valley Project water from Folsom Reservoir. Authorizes appropriations. (Sec. 1393) Colusa Basin Watershed Integrated Resources Management Act - Authorizes the Secretary of the Interior to provide financial assistance for use by the Colusa Basin Drainage District, California, or by local agencies for planning, design, environmental compliance, and construction required to carry out eligible projects in the Colusa Basin Watershed to: (1) reduce the risk of damage to urban and agricultural areas from flooding or the discharge of drainage water or tailwater; (2) assist in groundwater recharge efforts to alleviate overdraft and land subsidence; (3) construct, restore or preserve wetland and riparian habitat; and (4) capture surface or stormwater for conservation, conjunctive use, and increased water supplies. Requires the Secretary to ensure that funded projects are not inconsistent with watershed protection and environmental restoration efforts being carried out under the Central Valley Project Improvement Act or the CALFED Bay-Delta Program. Directs the Secretary to require that the District and cooperating non-Federal agencies or organizations pay: (1) 25 percent of project costs; and (2) 100 percent of project operation, maintenance, and replacement and rehabilitation costs. Permits funds appropriated pursuant to this Act to be made available: (1) to fund all costs incurred for planning, design, and environmental compliance activities by the District or by local agencies in accordance with agreements with the Secretary; and (2) only to a District or a local agency that has entered into a binding agreement with the Secretary under which the District or local agency is required to pay the non-Federal share of construction costs and which governs the funding of planning, design, and compliance activities costs. Authorizes appropriations. Title XIV: Provisions Specific to Alaska - Subtitle A: Land Exchange Near Gustavus and Related Provisions - Glacier Bay National Park Boundary Adjustment Act of 1998 - Provides for: (1) an exchange of specified State lands in Alaska for specified Federal lands to be completed within six months after the issuance of a license to Gustavus Electric Company (GEC) by the Federal Energy Regulatory Commission (FERC) for the construction and operation of a hydroelectric project on such Federal lands; or (2) the exchange of other specified Alaska lands having a sufficiently equal value to satisfy State and Federal law within one year after such license is issued if the Secretary of the Interior and Alaska have not agreed on which lands Alaska will convey within such six-month period. Designates specified State lands and waters in Alaska as wilderness upon consummation of such exchange to ensure that this transaction maintains approximately the same amount of area of designated wilderness. Conditions such land exchange on: (1) FERC's having conducted economic and environmental analyses pursuant to the Federal Power Act (FPA), the National Environmental Policy Act of 1969, and the Fish and Wildlife Coordination Act that conclude that the construction and operation of a hydroelectric power project on such lands will not adversely impact the purposes and values of the Glacier Bay National Park and Preserve, will comply with the requirements of the National Historic Preservation Act, and can be accomplished in an economically feasible manner; (2) FERC holding at least one public meeting in Gustavus, Alaska, allowing its citizens to express their views on the proposed project; (3) FERC having determined with the concurrence of the Secretary and Alaska, the minimum amount of land necessary to construct and operate the project; (4) GEC having been granted a FERC license that requires it to submit an acceptable financing plan to FERC before project construction commences; and (5) FERC approving such plan. (Sec. 1403) Makes the FERC licensing process applicable to any application submitted by GEC to FERC for the right to construct and operate a hydropower project on specified Alaska lands. Authorizes FERC to accept and consider an application filed by GEC for construction and operation of such a project, notwithstanding FPA provisions, if submitted within three years after this Act's enactment. Provides for retention of FERC jurisdiction over any hydropower project constructed on such site. Sets forth additional provisions regarding issuance of a license for construction or operation of such a project. (Sec. 1404) Directs the Secretary to issue a special use permit to GEC to allow completion of the required analyses. Requires the Secretary to impose conditions in the permit as needed to protect the purposes and values of the Preserve. Requires the lands acquired from Alaska to be added to and administered as part of the National Park System, subject to valid existing rights. Exempts GEC from making Federal land use payments under the FPA with respect to the lands exchanged under this Act. Subtitle B: Amendments to Alaska Native Claims Settlement Act and Related Provisions - Amends the Alaska National Interest Lands Conservation Act (ANILCA) to include lands conveyed to a Native Corporation pursuant to an exchange authorized under the Alaska Native Claims Settlement Act (ANCSA) or other applicable law among lands that are exempt, as long as such lands are not developed, leased, or sold to third parties, from adverse possession claims, real property taxes, specified judgments, and involuntary distributions or conveyances related to the involuntary dissolution of a Native Corporation or Settlement Trust. Specifies that lands shall not be considered developed, leased, or sold to a third party as a result of an exchange or conveyance between or among Native Corporations and trusts, partnerships, corporations, or joint ventures (trusts) whose beneficiaries, partners, shareholders, or joint venturers (beneficiaries) are Native Corporations. Makes certain prohibitions regarding actions by a trustee inapplicable to actions by any trustee whose right, title, or interest in land arises pursuant to an agreement between or among Native Corporations and trusts whose beneficiaries are Native Corporations. (Sec. 1412) Amends ANILCA to revise the definition of "developed" to: (1) require any purposeful modification of land to be performed by a Native individual or Native Corporation; and (2) prohibit any lands previously developed by third-party trespassers from being considered to have been developed. (Sec. 1413) Amends ANCSA to authorize a Native Regional Corporation, upon request, to obtain the retained mineral estate of the Native Allotments that are totally surrounded by ANCSA land selections. Limits a Regional Corporation to a total of not more than 12,000 acres. (Sec. 1414) Amends the Alaska Land Status Technical Corrections Act of 1992 to treat the establishment of the Gold Creek account and conveyance of land, if any, as though 3,520 acres of land had been conveyed to Gold Creek Susitna Association, Incorporated, under ANCSA for which rights to subsurface estate are provided to CIRI (Cook Inlet Region Incorporated). Requires, within one year from enactment, that CIRI select 3,520 acres of subsurface estate in land from the area designated for selection by a specified document. Limits total land selections to five, each of which shall be compact and in whole sections, except when separated by unavailable land or when the remaining entitlement is less than a whole section. (Sec. 1415) Amends ANCSA to exempt certain bonds received by a household, an individual Native, or a descendant of a Native from a Native Corporation from being taken into account as an asset or resource in determining eligibility for need based Federal programs. (Sec. 1416) Amends ANCSA to include the Haida Corporation and the Haida Traditional Use Sites with respect to transferring the administration of mining claims on Regional Corporation lands and not subjecting any revenues remitted to Haida Corporation to distribution under such Act. (Sec. 1417) Amends ANCSA to exempt revenues received by a Regional Corporation from the sale of sand, gravel, stone, pumice, peat, clay, or cinder resources from the revenue sharing requirements otherwise applicable to revenues received for timber resource and subsurface estate sales. (Sec. 1418) Amends ANILCA to: (1) provide for the approval of certain protested Alaska Native allotment applications; and (2) require the Secretary, in selecting individuals to provide certain visitor services, to give preference to the Native Corporations (currently, the Native Corporation) most directly affected by the establishment or expansion of any conservation system unit by or under the provisions of such Act. Requires any allotment application which is open and pending and which is legislatively approved by this section, to be made subject to any easement, trail, or right-of-way in existence on the date of the applicant's commencement of use and occupancy. (Sec. 1420) Requires a report to the Congress concerning local hires under ANILCA and their inability to obtain competitive service positions. (Sec. 1421) Amends ANCSA to authorize and confirm the authority of a Native Corporation to provide benefits to its shareholders who are Natives or descendants of Natives or to its shareholders' immediate family members who are Natives or descendants of Natives to promote the health, education, or welfare of such shareholders or family members. Provides that eligibility for such benefits need not be based on share ownership in the Native Corporation and that such benefits may be provided on a basis other than pro rata based on share ownership. Subtitle C: Miscellaneous Provisions - Prohibits temporarily the Secretaries of Agriculture or the Interior from issuing or implementing any rules or regulations asserting jurisdiction or management (of fish or game resources) pursuant to title VIII of the Alaska National Interest Lands Conservation Act over the navigable waters transferred to Alaska pursuant to the Submerged Lands Act of 1953 or the Alaska Statehood Act of 1959. (Sec. 1432) Directs the Secretary of Agriculture, not later than December 11, 1998, to grant Chugach Alaska Corporation a road and related easement for access to the Carbon Mountain and Katalla vicinity pursuant to conveyances under the Alaska Native Claims Settlement Act.

Foreign Operations, Export Financing and Related Programs Appropriations Act, 1999

United States · United States Congress · 15 September 1998

TABLE OF CONTENTS: Title I: Export and Investment Assistance Title II: Bilateral Economic Assistance Title III: Military Assistance Title IV: Multilateral Economic Assistance Title V: General Provisions Title VI: Funds Appropriated to the President - International Monetary Programs Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1999 - Title I: Export and Investment Assistance - Makes appropriations for FY 1999 for: (1) direct loans, loan guarantees, tied-aid grants, insurance, and administrative expenses under Export-Import Bank programs; (2) Overseas Private Investment Corporation (OPIC) direct and guaranteed loans and credit and insurance programs, including administrative expenses; and (3) the Trade and Development Agency. Title II: Bilateral Economic Assistance - Makes appropriations for FY 1998 for: (1) expenses of the President in carrying out certain programs under the Foreign Assistance Act of 1961; (2) the Agency for International Development (AID) for child survival and disease programs, including basic education programs; (3) specified development assistance (but barring assistance for the central Government of the Republic of South Africa until the Secretary of State takes steps to negotiate repeal, suspension, or termination of a specified South African law relating to medicines and related substances control); (4) private and voluntary organizations; (5) international disaster assistance; (6) micro and small enterprise development programs; (7) guaranteed loans for the urban and environmental credit program; (8) the Foreign Service Retirement and Disability Fund; (9) operating expenses of AID and the AID Office of Inspector General; (10) Economic Support Fund (ESF) assistance (earmarking amounts for Israel and Egypt); (11) the International Fund for Ireland; (12) economic assistance for Eastern Europe and the Baltic States (earmarking amounts for Bosnia and Herzegovina, but with a prohibition on funds for new housing construction or repair or reconstruction of existing housing in Bosnia and Herzegovina unless directly related to U.S. troop efforts to promote peace there); (13) assistance for the new independent states of the former Soviet Union (subject to specified conditions, and earmarking amounts for Mongolia and the Southern Caucasus, including Georgia and Armenia, especially the areas of Abkhazia and Nagorno-Karabakh); (14) the Inter-American Foundation and the African Development Foundation; (15) the Peace Corps (but with a prohibition on the use of such funds for abortions); (16) international narcotics control; (17) migration and refugee assistance; (18) the Emergency Refugee and Migration Assistance Fund; (19) nonproliferation, anti-terrorism and related programs and activities (specifying conditions on funds for the Korean Peninsula Energy Development Organization (KEDO)); and (20) debt restructuring. Bars the use of development assistance funds for: (1) coercive abortions or involuntary sterilizations; and (2) U.S. private and voluntary organizations which obtain less than 20 percent of annual funding from sources other than the U.S. Government. Authorizes the President to withhold funds for economic revitalization programs in Bosnia and Herzegovina if the President certifies to the Committees on Appropriations that: (1) the Federation of Bosnia and Herzegovina has not complied with article III of annex 1-A of the General Framework Agreement for Peace in Bosnia and Herzegovina concerning the withdrawal of foreign forces; and (2) intelligence cooperation on training, investigations, and related activities between Iranian officials and Bosnian officials has not been terminated. Requires the withholding of certain funds from Russia unless the President certifies to the Committees on Appropriations that: (1) such assistance is vital to the U.S. national security interest; and (2) Russia is taking steps to terminate arrangements to provide Iran with technology to develop a nuclear program. Title III: Military Assistance - Makes appropriations for FY 1998 for: (1) international military education and training (IMET) (earmarking amounts for Indonesia and Guatemala, with specified restrictions); (2) foreign military financing grants and direct loans (earmarking amounts for Israel, Egypt, Jordan); and (3) international peacekeeping operations (subject to certain conditions). Prohibits foreign military financing for Sudan, Liberia, and Guatemala. Title IV: Multilateral Economic Assistance - Makes appropriations for FY 1998 for the U.S. contribution to: (1) the International Bank for Reconstruction and Development (World Bank); (2) the International Development Association; (3) the Inter-American Development Bank; (4) the Enterprise for the Americas Multilateral Investment Fund; (5) the Asian Development Bank; (6) the Asian Development Fund; (7) the African Development Fund; and (8) the European Bank for Reconstruction and Development. Makes appropriations for FY 1998 for international programs and organizations. Sets certain restrictions on international organization funding, including prohibiting the use of funds made available to the United Nations Population Fund (UNFPA) for activities in China. Prohibits the use of funds for: (1) the Korean Peninsula Energy Development Organization (KEDO); and (2) the International Atomic Energy Agency (IAEA). Title V: General Provisions - Sets forth limits on the use of appropriations, including that no more than 15 percent of such appropriations shall be obligated during the last month of availability. Renews certain prohibitions, restrictions, and conditions on the use of funds that appeared in the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1998 (P.L. 105-118). (Sec. 517) Prescribes conditions on assistance to the new independent states of the former Soviet Union. (Sec. 518) Prohibits the use of development assistance funds for abortions or involuntary sterilizations as methods of family planning or to motivate or coerce any person to practice abortions, or provide any financial incentive to undergo sterilization. (Sec. 518A) Amends the Foreign Assistance Act of 1961 to prohibit the availability of funds (either directly or as a subcontractor or subgrantee) for population planning activities or other population assistance to any foreign private, nongovernmental, or multilateral organization until it certifies that it will not, during the period for which the funds are made available: (1) perform abortions in any foreign country, except where the life of the mother would be endangered if the pregnancy were carried to term or in cases of forcible rape or incest; or (2) violate the laws of any foreign country concerning the circumstances under which abortion is permitted, regulated, or prohibited, or engage in any activity or effort to alter the laws or governmental policies of any foreign country concerning such circumstances. Authorizes the President to waive the prohibition against population assistance to foreign organizations that perform abortions in foreign countries; but caps the amount of funds available in that fiscal year for population planning activities or other population assistance. Prohibits the availability of funds for UNFPA in any fiscal year unless the President certifies that: (1) UNFPA has terminated all activities in the People's Republic of China, and will conduct no such activities during such fiscal year; or (2) during the 12 months preceding such certification there have been no abortions as the result of coercion associated with the family planning policies of the national government or other governmental entities within China. (Sec. 519) Amends Federal law to extend through FY 2000 the authority to expend funds to transfer excess defense articles to countries eligible for the Partnership for Peace as well as assistance under the Support for East European Democracy (SEED) Act of 1989. (Sec. 520) Adds Honduras to the list of countries for which no appropriations may be obligated or expended except through the regular notification procedures of the Committees on Appropriations. (Sec. 523) Bars funding for indirect assistance or reparations to Cuba, Iraq, Libya, Iran, Syria, North Korea, or China unless the President certifies that the withholding of such funds is contrary to the U.S. national security interest. (Sec. 524) Amends the Arms Export Control Act to extend the President's waiver authority with respect to reciprocal leasing through FY 1999. (Sec. 527) Authorizes the availability of ESF funds to provide general support for nongovernmental organizations located outside the People's Republic of China that have as their primary purpose fostering democracy in that country. (Sec. 530) Prohibits U.S. sale of Stinger missiles in the Persian Gulf region, with certain exceptions. (Sec. 534) Bars assistance to any country that is not in compliance with the United Nations (UN) sanctions against Iraq unless the President certifies to the Congress that such assistance: (1) is in the U.S. national interest; (2) will directly benefit the needy people in that country; or (3) will be humanitarian assistance for foreign nationals who have fled Iraq and Kuwait. (Sec. 537) Prohibits the use of funds to provide: (1) any financial incentive to a business for purposes of inducing it to relocate outside the United States if it will reduce the number of employees in the United States; (2) assistance for establishing or developing in a foreign country an export processing zone or other designated area in which a country's tax, tariff, labor, environment, and safety laws do not apply to activities in the area, unless the President certifies that such assistance is not likely to cause a loss of U.S. jobs; or (3) assistance for any project that contributes to the violation of internationally recognized workers rights in the recipient country. (Sec. 538) Continues the authorization for the use of foreign assistance funds to support biodiversity conservation activities. Authorizes AID to employ personal services contractors to administer programs for the West Bank and Gaza. (Sec. 539) Expresses the sense of the Congress with respect to: (1) immediate public renunciation by Arab League countries of the boycott of Israel (reinstated in 1997) and of American firms having commercial ties with Israel; and (2) steps the President should take to encourage such renunciation. (Sec. 540) Authorizes the use of ESF funds to strengthen the administration of justice in countries in Latin America, the Caribbean, and in other regions. Allows such use of ESF funds (including for anti-narcotics activities) for Bolivia, Colombia, and Peru, notwithstanding specified provisions of the Foreign Assistance Act of 1961. (Sec. 545) Declares that assistance under this Act should make full use of American resources, including commodities, products, and services, to the maximum extent possible. Declares the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available in this Act should be American-made. Requires Federal agency heads, in providing financial assistance to or entering into any contract with any entity using funds made available in this Act, to notify such entity of this intention. (Sec. 546) Prohibits the use of funds to pay any assessments, arrearages, or dues of any UN member. (Sec. 549) Prohibits the provision of funds to any foreign government that provides lethal military equipment to a country that the Secretary of State has determined has a terrorist government, unless the President determines that the furnishing of such assistance is in the U.S. national interest. (Sec. 551) Prohibits the obligation of any appropriations for the Palestine Liberation Organization (PLO) for the West Bank and Gaza unless the President has exercised certain authorities to suspend prohibitions on assistance to the PLO. (Sec. 552) Permits the President to provide up to a specified amount of commodities and services to the UN War Crimes Tribunal if doing so will contribute to a just resolution of charges regarding genocide or other violations of international law in the former Yugoslavia. (Sec. 553) Authorizes disposal on a grant basis in foreign countries of demining equipment used in support of the clearing of land mines and unexploded ordnance for humanitarian purposes. (Sec. 554) Prohibits the obligation of appropriations to create in Jerusalem a new U.S. agency office for the purpose of conducting U.S. business with the Palestinian Authority over Gaza and Jericho (or any successor Palestinian governing entity) provided for in the Israel-PLO Declaration of Principles. (Sec. 556) Limits the amount of certain foreign assistance funds to Latin America and the Caribbean region. (Sec. 557) Authorizes the President to reduce amounts owed to the United States by eligible countries as a result of: (1) housing guarantees made pursuant to the Foreign Assistance Act of 1961; (2) credits extended or guarantees issued under the Arms Export Control Act; or (3) any obligation for a Latin American country to pay for certain purchases of U.S. agricultural commodities. Sets forth conditions for the exercise of such authority. (Sec. 558) Authorizes the President to engage in certain debt buybacks or sales, subject to certain conditions. (Sec. 560) Provides for bilateral and multilateral assistance sanctions against countries harboring war criminals indicted with respect to Rwanda or Nazi Germany. (Sec. 560) Prohibits provision to the Government of Haiti of any funds appropriated or otherwise made available by this Act (except for humanitarian, electoral, counter narcotics, or law enforcement assistance, and subject to waiver in certain conditions), unless the President reports to the Congress that such Government: (1) is conducting thorough investigations of extrajudicial and political killings; (2) is cooperating with U.S. authorities in such investigations; (3) has substantially completed privatization of (or placed under long-term private management or concession) at least three major public enterprises; and (4) has taken action to remove from the Haitian National Police, national palace and residential guard, ministerial guard, and any other public security entity individuals who have committed human rights violations. (Sec. 561) Requires a specified annual report of the Secretary of State containing the voting record of each foreign member country of the UN to include a side-by-side comparison of each country's overall support for the United States at the UN and the amount of U.S. assistance provided to it in FY 1997. (Sec. 562) Prohibits the United States from paying any voluntary contribution to the UN, including the UN Development Program, unless the President certifies to the Congress 15 days in advance of such payment that the UN is not engaged in any effort to implement or impose any taxation on U.S. persons in order to raise revenue for itself or any of its specialized agencies. (Sec. 563) Prohibits the obligation of any appropriations for the Palestine Liberation Organization (PLO), unless the President certifies to the Congress that it is in the U.S. national security interests. (Sec. 564) Prohibits the use of funds for Croatia to relocate the remains of Croatian Ustashe soldiers at the site of the World War II concentration camp at Jasenovac, Croatia. (Sec. 565) Prohibits the use of funds for the security forces of a foreign country if the Secretary of State believes they have committed gross violations of human rights, unless the Secretary reports to the Committees on Appropriations that such country is taking steps to bring the responsible persons to justice. (Sec. 566) Requires that any agreement between the United States and the Government of Indonesia for the sale of lethal weapons shall state that such items will not be used in East Timor. (Sec. 567) Provides for bilateral and multilateral assistance sanctions (with humanitarian, democratization, and certain infrastructure project exceptions) against countries harboring war criminals indicted with respect to the former Yugoslavia. (Sec. 568) Makes funds available for FY 1998 for defense article stockpiles in foreign countries, including the Republic of Korea and Thailand. (Sec. 569) Directs the President to give a detailed account to the Congress of all Federal agency obligations and expenditures for FY 1998 and 1999 associated with the proposed agreement to reduce greenhouse gas emissions. (Sec. 570) Directs the President to withhold a specified amount of foreign assistance funds (except development or humanitarian assistance) from countries that violate any UN sanction against Libya. (Sec. 571) Bars funds to the Government of Congo until the President reports to the Congress that it is cooperating fully with investigators from the UN in accounting for human rights violations committed there or in adjacent countries. (Sec. 572) Earmarks specified foreign assistance funds for Israel, Egypt, Jordan, Lebanon, the West Bank and Gaza, the Israel-Lebanon Monitoring Group, the Multinational Force and Observers, the Middle East Regional Democracy Fund, Middle East Regional Cooperation, and Middle East Multilateral Working Groups. (Sec. 573) Requires the President to submit to specified congressional committees a plan for the distribution of the assets of a Enterprise Fund before any distribution resulting from liquidation, dissolution, or winding up of the Fund. (Sec. 574) Prohibits the availability of funds under this Act for assistance (other than for humanitarian, demining, or election-related programs or activities) for the Government of Cambodia. Directs the Secretary of the Treasury to instruct the U.S. executive directors of international financial institutions to oppose loans to Cambodia (except loans to support basic human needs). (Sec. 576) Makes specified funds available for bilateral assistance for population planning activities. (Sec. 577) Directs the Secretaries of Defense and of State to report jointly to the Congress on all overseas military training provided to, and proposed to be provided to, foreign military personnel under programs administered by the Defense and State Departments during FY 1998 and 1999. (Sec. 578) Prohibits the use of funds under this Act for a voluntary contribution to, or assistance for, KEDO. (Sec. 579) Amends the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992 (FREEDOM Support Act) to repeal the prohibition against direct assistance to Azerbaijan unless certain conditions are met. Title VI: Funds Appropriated to the President - International Monetary Programs - International Monetary Fund Reform and Authorization Act of 1998 - Earmarks the dollar equivalent to a specified amount of Special Drawing Rights for loans to the International Monetary Fund (IMF) under the New Arrangements to Borrow. Authorizes the use for the New Arrangements to Borrow of a specified amount of previously appropriated IMF Special Drawing Rights for the General Arrangements to Borrow. (Sec. 601) Prohibits funds appropriated for the U.S. IMF quota from being obligated or made available to the IMF until after the Secretary of the Treasury and the Chairman of the Board of Governors of the Federal Reserve System jointly notify the appropriate congressional committees that the major IMF shareholders have publicly agreed to, and will seek to implement in the IMF, policies that provide for conditions in stand-by agreements or other arrangements regarding the use of IMF resources, requiring that the recipient country: (1) liberalize restrictions on trade in goods and services and on investment, at a minimum consistent with the terms of all international trade obligations and agreements; (2) eliminate the practice or policy of government directed lending on non-commercial terms or provision of market distorting subsidies to favored industries, enterprises, parties, or institutions; and (3) guarantee nondiscriminatory treatment in insolvency proceedings between domestic and foreign creditors, and for debtors and other concerned persons. Directs the United States to exert its influence with the IMF and its members to encourage it to include as part of its conditions of stand-by agreements or other uses of the IMF's resources that the recipient country take action to remove discriminatory treatment between foreign and domestic creditors in its debt resolution proceedings. Prescribes conditions for the obligation or availability of funds under this Act to the IMF. (Sec. 602) Requires the Secretary of the Treasury to submit to the appropriate congressional committees two reports on the implementation of IMF financial stabilization programs in any country in connection with which the United States has made a commitment to provide or has provided stabilization fund financing. (Sec. 603) Directs the President to establish an International Financial Institution Advisory Commission, which shall report to the appropriate congressional committees on the future role and responsibilities of the IMF and International Bank for Reconstruction and Development (the World Bank). Requires the Secretary of the Treasury to instruct the U.S. Executive Director at the IMF to seek establishment of a permanent advisory committee to the Interim Committee of the Board of Governors of the IMF, to consist of elected members of the national legislatures of the member countries directly represented by appointed members of such Board. (Sec. 605) Amends the Bretton Woods Agreement Act to authorize the U.S. Governor of the IMF to consent to an increase in the U.S. IMF quota of Special Drawing Rights (SDRs). Increases the maximum aggregate amount of loans the Secretary of the Treasury may make to the IMF. Authorizes increased appropriations (in SDRs). (Sec. 607) Amends the International Financial Institutions Act to direct the Secretary of the Treasury to instruct the U.S. Executive Director of the IMF to promote vigorously specified policies to increase the effectiveness of the IMF, including its efforts to promote market-oriented reform, trade liberalization, economic growth, democratic governance, and social stability through certain actions, among them: (1) privatization of government enterprises; (2) economic deregulation; (3) development of internationally acceptable domestic bankruptcy laws; (4) burden-sharing by investors and creditors; (5) improvement of core labor standards; and (6) greater IMF transparency, including a more open release policy toward working papers, past evaluations, and other IMF documents. Directs the Secretary of the Treasury to establish an International Monetary Fund Advisory Committee. (Sec. 608) Declares that it is the sense of the Congress that Japan should assume a greater regional leadership role, which would coincide with its goal of promoting strong domestic demand-led growth and avoiding a significant increase in its external surplus with the United States and the countries of the Asia-Pacific region. (Sec. 609) Amends the International Financial Institutions Act to require the Secretary of the Treasury to report to specified congressional committees on the implementation of IMF financial stabilization programs in any country in connection with which the United States has made a commitment to provide or has provided stabilization fund financing. (Sec. 610) Directs the Secretary of the Treasury to submit to the appropriate congressional committees three reports on the steps taken by the United States, other members of the world community, and the international financial institutions to strengthen safeguards in the global financial system, and the progress made toward achieving specific goals toward the end of reforming the architecture of the international monetary system. (Sec. 611) Amends the International Financial Institutions Act to require the Secretary of the Treasury to: (1) report annually to specified congressional committees on the progress (if any) made by the U.S. Executive Director of the IMF in influencing the IMF to adopt certain policies and reform its internal procedures, as called for in this title; and (2) certify to such committees that the Secretary has instructed the U.S. Executive Director at the IMF to facilitate timely General Accounting Office (GAO) access to IMF information and documents that GAO needs to perform financial reviews of the IMF that will facilitate the conduct of U.S. policy with respect to it.

To amend section 16 of the United States Housing Act of 1937 to prohibit occupancy in public housing by, and rental assistance under section 8 of such Act for, any person convicted of manufacturing or producing methamphetamine on the premises.

United States · United States Congress · 11 September 1998

Amends the United States Housing Act of 1937 to prohibit section 8 public housing occupancy or rental assistance to persons convicted of manufacturing or producing methamphetamine on the premises.

To amend section 16 of the United States Housing Act of 1937 to require owners of federally assisted housing to establish standards to prohibit occupancy in such housing by drug and alcohol abusers in the same manner that public housing agencies are required to establish such standards for public housing.

United States · United States Congress · 10 September 1998

Amends the United States Housing Act of 1937 to require owners of federally assisted housing to establish standards for prohibition of occupancy and termination of tenancy due to drug or alcohol abuse.

Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1999

United States · United States Congress · 8 September 1998

TABLE OF CONTENTS: Title I: Department of Labor Title II: Department of Health and Human Services Title III: Department of Education Title IV: Related Agencies Title V: General Provisions Title VI: National Center for Complementary and Alternative Medicine Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1999 - Title I: Department of Labor - Department of Labor Appropriations Act, 1999 - Makes appropriations for FY 1999 to the Department of Labor for: (1) training and employment services; (2) community service employment for older Americans; (3) Federal unemployment benefits and allowances; (4) State unemployment insurance and employment service operations; (5) advances to the Unemployment Trust Fund and other trust funds; (6) employment and training program administration; (7) the Pension and Welfare Benefits Administration and the Pension Benefit Guaranty Corporation; (8) the Employment Standards Administration; (9) certain special benefits; (10) the Black Lung Disability Trust Fund; (11) the Occupational Safety and Health Administration; (12) the Mine Safety and Health Administration; (13) the Bureau of Labor Statistics; (14) departmental management; (15) the Assistant Secretary for Veterans Employment and Training; and (16) the Office of Inspector General. Rescinds specified amounts of funds made available for: (1) training and employment services for the Opportunity Areas of Out-of-School Youth; and (2) State unemployment insurance and employment service operations for assisting States to convert their automated employment security agency systems. Sets forth authorized uses of, and limitations on, funds appropriated under this title. (Sec. 101) Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to require funds under the welfare-to-work program that have not been allotted at the end of any fiscal year due to a State not having met specified program requirements to be transferred to the General Fund of the Treasury. Title II: Department of Health and Human Services - Department of Health and Human Services Appropriations Act, 1999 - Makes appropriations for FY 1999 to the Department of Health and Human Services (HHS) for: (1) the Health Resources and Services Administration; (2) the Medical Facilities Guarantee and Loan Fund for Federal interest subsidies for medical facilities; (3) health education assistance loans; (4) the Vaccine Injury Compensation Program Trust Fund; (5) Centers for Disease Control and Prevention; (6) the National Institutes of Health (NIH), including amounts for the John E. Fogarty International Center, the National Library of Medicine, the Office of the Director, and buildings and facilities; (7) the Substance Abuse and Mental Health Services Administration; (8) retirement pay and medical benefits for Public Health Service commissioned officers; (9) the Agency for Health Care Policy and Research; (10) the Health Care Financing Administration for grants to States for Medicaid, payments to health care trust funds, program management, and the Health Maintenance Organization Loan and Loan Guarantee Fund; (11) the Administration for Children and Families for family support payments to States; (12) low income home energy assistance; (13) refugee and entrant assistance; (14) the child care and development block grant; (15) the social services block grant; (16) children and families services programs; (17) family preservation and support; (18) payments to States for foster care and adoption assistance; (19) the Administration on Aging; (20) the Office of the Secretary for general departmental management; (21) the Office of Inspector General; (22) the Office for Civil Rights; (23) policy research; and (24) activities related to countering potential biological and chemical threats to civilian populations. Reduces amounts of specified funds appropriated for FY 1999 for: (1) a study of child welfare under part B (Child-Welfare Services) of title IV of the Social Security Act; and (2) certain welfare research, evaluations, and studies under such Act. Sets forth authorized uses of, and limitations on, funds appropriated under this title. (Sec. 212) Amends title XX (Block Grants to States for Social Services) of the Social Security Act to replace provisions which authorize appropriations for allotments for FY 2003 and succeeding fiscal years with an authorization amount for FY 1998. (Sec. 213) Prohibits the use of funds appropriated by this Act to carry out the Medicare+Choice program if the Secretary of HHS denies participation in such program to an otherwise eligible entity (including a Provider Sponsored Organization) because the entity informs the Secretary that it will not provide, pay for, provide coverage of, or provide referrals for abortions. Title III: Department of Education - Department of Education Appropriations Act, 1999 - Makes appropriations for FY 1999 to the Department of Education for: (1) education reform; (2) education for the disadvantaged; (3) impact aid; (4) school improvement activities; (5) Indian education; (6) bilingual and immigrant education; (7) special education; (8) rehabilitation services and disability research; (9) special institutions for persons with disabilities, including the American Printing House for the Blind, the National Technical Institute for the Deaf, the Kendall Demonstration Elementary School, the Model Secondary School for the Deaf, and Gallaudet University; (10) vocational and adult education; (11) student financial assistance; (12) the Federal Family Education Loan program account; (13) higher education; (14) Howard University; (15) the college housing and academic facilities loans program; (16) the historically Black college and university capital financing program account; (17) education research, statistics, and improvement; (18) departmental management; (19) the Office for Civil Rights; and (20) the Office of the Inspector General. Sets forth authorized uses of, and limitations on, funds appropriated under this title. (Sec. 301) Prohibits funds appropriated in this Act from being used to: (1) transport teachers or students in order to overcome racial imbalance in any school or to carry out a racial desegregation plan; or (2) prevent the implementation of programs of voluntary prayer and meditation in public schools. (Sec. 305) Prohibits Department of Education funds from being used to field test, implement, or administer any federally sponsored national test in reading, mathematics, or any other subject. Makes such prohibition inapplicable to the Third International Mathematics and Science Study, the National Assessment of Education Progress, or other international assessments developed under the authority of the National Education Statistics Act of 1994 that are administered only to a representative sample of U.S. and foreign pupils. (Sec. 307) Prohibits the use of funds under this Act to enforce certain annual compliance audit requirements of the guaranteed student loan program under the Higher Education Act of 1965 against those lenders with guaranteed student loan portfolios that do not exceed $5 million. Title IV: Related Agencies - Makes appropriations for FY 1999 to the: (1) Armed Forces Retirement Home; (2) Corporation for National and Community Service; (3) Corporation for Public Broadcasting; (4) Federal Mediation and Conciliation Service; (5) Federal Mine Safety and Health Review Commission; (6) Institute of Museum and Library Services; (7) Medicare Payment Advisory Commission; (8) National Commission on Libraries and Information Science; (9) National Council on Disability; (10) National Education Goals Panel; (11) National Labor Relations Board; (12) National Mediation Board; (13) Occupational Safety and Health Review Commission; (14) Railroad Retirement Board for the dual benefits payments account, Federal payments to the railroad retirement accounts, administration, and the Office of Inspector General; (15) Social Security Administration for payments to the social security trust funds, special benefits for disabled coal miners, the Supplemental Security Income (SSI) Program, administrative expenses, and the Office of Inspector General; and (16) U.S. Institute of Peace. Title V: General Provisions - Sets forth authorized uses of, and limitations on, funds appropriated under this Act. (Sec. 505) Prohibits the use of funds appropriated under this Act for programs to distribute sterile needles or syringes for the injection of illegal drugs, with specified exceptions for needle exchange programs determined to prevent the spread of human immunodeficiency virus (HIV) that do not encourage illegal drug use. (Sec. 506) Sets forth Buy American requirements. (Sec. 508) Prohibits funds appropriated under this Act from being expended for abortions or for health benefits coverage that includes coverage of abortion, except in cases where the pregnancy is the result of rape or incest or where a woman suffers from a physical condition that would, as certified by a physician, place her in danger of death unless an abortion is performed. (Sec. 511) Prohibits the use of funds made available in this Act for: (1) the creation of a human embryo for research purposes; or (2) research in which a human embryo is destroyed or knowingly subjected to risk of injury or death greater than that allowed for research on fetuses in utero under Federal regulations and the Public Health Service Act. (Sec. 512) Prohibits the use of funds made available in this Act for activities to promote the legalization of a controlled substance unless there is significant medical evidence of a therapeutic advantage to the use of such substance or that federally-sponsored trials are being conducted to determine such advantage. (Sec. 515) Cancels a specified amount of budgetary resources available for FY 1999 for salaries and expenses of the Departments of Labor, Health and Human Services, and Education. Title VI: National Center for Complementary and Alternative Medicine - Amends the Public Health Service Act to repeal provisions regarding the Office of Alternative Medicine. Establishes a National Center for Complementary and Alternative Medicine as an NIH agency, to be headed by a Director appointed by the Secretary of HHS. Requires the Director of the Center to study the integration of alternative treatment, diagnostic and prevention systems, modalities, and disciplines with the practice of conventional medicine as a complement to such medicine and into U.S. health care delivery systems. Sets forth additional responsibilities of the Director, including the establishment of an advisory council, a bibliographic system for the collection of worldwide research relating to complementary and alternative medicine, and a related information clearinghouse.

New York Canal National Heritage Corridor Act of 1998

United States · United States Congress · 6 August 1998

New York Canal National Heritage Corridor Act of 1998 - Establishes the New York Canal National Heritage Corridor as an affiliated unit of the National Park System, whose boundaries shall include the counties that are located along the New York Canal Corridor and connecting waterways. Authorizes the Secretaries of the Interior, of Housing and Urban Development, of Agriculture, and of Transportation, and the heads of other appropriate Federal agencies, upon the request of local governments within the Heritage Corridor, to give financial assistance to implement Corridor activities through any program under which such local governments may be assisted. Provides that nothing in this Act shall be construed as a restriction on land use, development, or any other local or individual action.

Private Mortgage Insurance Cancellation Simplification Act of 1998

United States · United States Congress · 6 August 1998

Private Mortgage Insurance Cancellation Simplification Act of 1998 - Amends the Homeowners Protection Act of 1998 to apply the borrower termination and automatic cancellation provisions to high-risk loans. Provides that, other than with respect to inconsistencies, such Act does not affect compliance with State laws regarding private residential mortgage insurance.

Native American Housing Assistance and Self-Determination Act Amendments of 1998

United States · United States Congress · 6 August 1998

Native American Housing Assistance and Self-Determination Act Amendments of 1998 - Makes amendments to the Native American Housing Assistance and Self-Determination Act of 1996 (NAHASDA), including: (1) setting forth a requirement for assistance to Indian families that are not low-income; (2) eliminating separate Indian housing plan requirements for small Indian tribes; (3) expanding the authority of the Secretary of Housing and Urban Development to review Indian housing plans; (4) revising requirements regarding tenant selection to require the inclusion of homebuyer selection policies and criteria; (5) revising provisions regarding review and audit by the Secretary; (6) excepting from the hearing requirement certain actions by the Secretary affecting grant amounts if the Secretary makes a determination that the failure of a recipient of assistance to comply substantially with any provision of the Act is resulting, and would continue to result, in an unauthorized expenditure of Federal funds; (7) permitting the Secretary to take certain actions affecting grant amounts in cases of noncompliance due to technical incapacity; (8) requiring that Indian housing plans, policies, waiting lists, annual performance reports, audit reports, and performance agreements be made available publicly; (9) repealing certification of compliance with subsidy layering requirements; and (10) revising tax exemption provisions. Amends the Public and Assisted Housing Drug Elimination Act of 1990 to make Indian tribes eligible to receive grants for elimination of drug-related crime in public housing.

Real Estate Transaction Privacy Promotion Act

United States · United States Congress · 4 August 1998

Real Estate Transaction Privacy Promotion Act - Amends the Real Estate Settlement Procedures Act of 1974 to prohibit a creditor from requiring a borrower to furnish (through a copy of Internal Revenue Service Form 4506) open-ended access to such borrower's tax records as a condition of making a federally related mortgage loan, unless the form: (1) is fully completed before signing by the borrower; (2) specifically requests tax information for not more than the two tax periods most recently completed as of the date that the form is signed; and (3) is completed, signed, and dated not later than the date of settlement involving such loan. Directs the Secretary of Housing and Urban Development to explain such proscription and attendant penalties in the special information booklet mandated by the Act.

To amend the Internal Revenue Code of 1986 to modify the rules for determining whether a corporation is a cooperative housing corporation for purposes of such Code.

United States · United States Congress · 4 August 1998

Amends the Internal Revenue Code (IRC) to revise the definition of "cooperative housing corporation" for IRC purposes.

District of Columbia Appropriations Act, 1999

United States · United States Congress · 3 August 1998

District of Columbia Appropriations Act, 1999 - Makes appropriations for the District of Columbia for FY 1999, including amounts for: (1) the Federal contribution to the Washington Metropolitan Area Transit Authority for improvements and expansion of the Mount Vernon Square Metrorail station located at the site of the proposed Washington Convention Center project; (2) the Federal contribution to the Nation's Capital Infrastructure Fund; (3) the Federal contribution for an environmental study and related activities at the Lorton Correctional Complex; (4) the Federal contribution for the District's Offender Supervision, Defender, and Court Services Agency (Agency) for establishment of a residential sanctions center and drug testing, intervention, and treatment, to be used to ensure adequate response to persons who violate conditions of supervision and to implement recommendations of the District's Truth-in-Sentencing Commission; (5) the Federal payment to the District's Corrections Trustee for operations and correctional facilities; (6) the Federal payment to the District courts; (7) the Federal payment to the District's Offender Supervision, Defender, and Court Services Agency for necessary expenses of Parole Revocation, Adult Probation and Offender Supervision and to be made available to the Public Defender Service and the Pretrial Services Agency; (8) the Federal payment to the Metropolitan Police Department; (9) the Federal payment to the Fire Department; (10) a Federal contribution to the Board of Trustees of Boys Town U.S.A. for expansion of the operations of Boys Town of Washington; (11) the Federal payment to the Historical Society of Washington, D.C. for the establishment and operation of a Museum of the District at the Carnegie Library at Mount Vernon Square; (12) the Federal payment to the U.S. Park Police; (13) the Federal payment to the District Department of Housing and Community Development for a study by the U.S. Army Corps of Engineers of necessary improvements to the Southwest Waterfront in the District; (14) the Federal payment to the International Youth Service and Development Corps, Inc. for a mentoring program for at-risk children in the District and for the operation of a resource hotline for low-income individuals in the District; and (15) a Federal contribution to the public education system for public charter schools. Appropriates specified sums out of the District's general fund (and other funds, in some cases) for the current fiscal year for: (1) governmental direction and support; (2) economic development and regulation; (3) public safety and justice; (4) the public education system; (5) human support services; (6) public works; (7) the Washington Convention Center Fund transfer payment; (8) repayment of certain loans and interest; (9) repayment of General Fund Recovery Debt; (10) payment of interest on short term borrowing; (11) lease payments in accordance with the Certificates of Participation involving the land site underlying the building located at One Judiciary Square; (12) human resources development; (13) the District's Financial Responsibility and Management Assistance Authority (Authority); (14) receivership programs; (15) the Water and Sewer Authority and the Washington Aqueduct; (16) the Lottery and Charitable Games Control Board; (17) the Cable Television Enterprise Fund; (18) the Public Service Commission; (19) the Office of the People's Counsel; (20) the Office of Banking and Financial Institutions; (21) the Department of Insurance and Securities Regulation; (22) D.C. General Hospital; (23) the Starplex Fund; (24) the D.C. Retirement Board; (25) the Correctional Industries Fund; (26) the Washington Convention Center Enterprise Fund; and (27) capital outlays (including rescissions). Sets forth authorized uses of, and limitations on, such funds. Bars the use of revenues from Federal sources to support the operations of the D.C. Statehood and Statehood Compact Commissions. Requires the District to identify the sources of funding for Admission to Statehood from its own locally-generated revenues. (Sec. 110) Prohibits funds appropriated in this Act from being available to pay the salary of any District government employee whose name, title, grade, salary, work experience, and salary history are not available for inspection by specified congressional committees and subcommittees and the District Council. (Sec. 114) Bars the D.C. Mayor from borrowing any funds for capital projects without prior approval of the District Council. (Sec. 124) Applies any sequestration orders under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to each account appropriating Federal funds in this Act rather than to the aggregate total of such accounts. Requires the Mayor, in the event such an order is issued after amounts appropriated to the District have been paid, to pay sequestered amounts to the Secretary of the Treasury . (Sec. 127) Bars the use of Federal funds provided in this Act to provide for salaries or other expenses associated with the offices of U.S. Senator or Representative under the District of Columbia Statehood Constitutional Convention Initiatives of 1979. (Sec. 130) Prohibits funds contained in this Act from being made available: (1) under specified conditions, to pay the fees of an attorney who represents a party who prevails in an action brought against the District public schools under the Individuals with Disabilities Education Act nor shall the fees be made available to an attorney who represents a party who prevails in an administrative proceeding under such Act; or (2) for the operations of any department, agency, or entity (other than the District's Water and Sewer Authority, the Washington Convention Center Authority, or any operations for borrowing activities under specified provisions of the District of Columbia Home Rule Act) unless appropriated by the Congress in an annual appropriations Act. (Sec. 132) Prohibits the expenditure of funds appropriated under this Act for abortions except where the mother's life would be endangered if the fetus were carried to term or in cases of rape or incest. (Sec. 133) Bars the use of funds made available by this Act to implement any system of registration of unmarried, cohabitating couples for purposes of extending benefits to such couples on the same basis as such benefits are extended to married couples or to implement the District Domestic Partner Act (also known as the District of Columbia Health Care Benefits Expansion Act of 1992). (Sec. 136) Requires by FY 1999, or within 15 calendar days after the enactment of this Act, whichever occurs later, and each succeeding year, the Emergency Transitional Education Board of Trustees and the University of the District of Columbia (University) to submit to the appropriate congressional committees, the Mayor, the District Council, the Consensus Commission, and the Authority, a revised appropriated funds operating budget for the public school system and the University for such fiscal year that is in the total amount of the approved appropriation and that realigns budgeted data for personal services and other-than-personal services, respectively, with anticipated actual expenditures. (Sec. 137) Requires the Emergency Transitional Education Board of Trustees, the Board of Trustees of the University, the Board of Library Trustees, and the Board of Governors of the University of the District of Columbia School of Law to vote on and approve their respective annual or revised budgets before submission to the Mayor for inclusion in the Mayor's budget submission to the District Council or before submitting their respective budgets directly to the Council. (Sec. 138) Establishes a ceiling on total operating expenses for the District for FY 1998. Permits increases of such amount for: (1) one-time emergency or unanticipated operating or capital needs transactions approved by the Authority; and (2) additional approved expenditures which the Chief Financial Officer certifies will produce additional revenues during such fiscal year at least equal to 200 percent of such expenditures. Authorizes, to the extent that the sum of total revenues of the District for such fiscal year exceed the total amount provided for, the Chief Financial Officer, with the approval of the Authority, to credit up to ten percent of the amount of such difference, not to exceed $3.3 million, to a reserve fund which may be expended for operating purposes in future fiscal years (in accordance with the financial plans and budgets for such years). Prohibits the Chief Financial Officer from reprogramming for operating expenses any funds derived from bonds, notes, or other obligations issued for capital projects. Sets forth conditions under which grants excluded from such ceiling may be accepted. Requires the Authority, within 20 calendar days after the end of each fiscal quarter starting FY 1999, to report to specified congressional committees on an itemized accounting of all non-appropriated funds obligated or expended by the Authority for the quarter. Applies local revenues collected in excess of amounts required to support appropriations in this Act for District operating expenses for FY 1999: (1) first, to the elimination of the general fund accumulated deficit; (2) second, to a reserve account not to exceed $250 million to be used to finance seasonal cash needs (in lieu of short term borrowings); (3) third, to accelerate repayment of cash borrowed from the Water and Sewer Fund; and (4) fourth, to reduce the outstanding long term debt. (Sec. 139) Directs the District of Columbia Emergency Transitional Education Board of Trustees to: (1) develop a comprehensive plan to identify and accomplish energy conservation measures to achieve maximum cost-effective energy and water savings; (2) enter into innovative financing and contractual mechanisms for such purposes; and (3) encourage District agencies to participate in programs conducted by utilities for the management of electricity or gas demand or energy or water conservation. (Sec. 140) Requires an employee of the District public schools to be: (1) classified as an Educational Service employee; (2) placed under the personnel authority of the Board of Education; and (3) subject to all Board rules. Mandates that school-based personnel shall constitute a separate competitive area from nonschool-based personnel who shall not compete with school-based personnel for retention purposes. (Sec. 141) Prohibits the use of funds made available by this Act or any other Act from being used to provide any District officer or employee with an official vehicle unless the individual uses the vehicle only in the performance of his or her official duties. Excludes travel between the officer's or employee's residence and workplace (except in the case of a police officer who resides in the District). Requires the Chief Financial Officer of the District to submit, by November 15, 1998, an inventory, as of September 30, 1998, of all vehicles owned, leased, or operated by the District government. Specifies the contents of such inventory. Provides that, for purposes of determining the amount of funds expended by any entity within the District government during FY 1999 and each succeeding fiscal year, any expenditures of the District government attributable to any District government officers or employees who provide services which are within the authority and jurisdiction of the entity (including any portion of the compensation paid to the officer or employee attributable to the time spent in providing such services) shall be treated as expenditures made from the entity's budget, without regard to whether the officers or employees are assigned to the entity or otherwise treated as the entity's officers or employees. (Sec. 142) Sets forth Buy American provisions. (Sec. 143) Provides that, notwithstanding any provision of any federally-granted charter or any other provision of law, the real property of the National Education Association located in the District shall be subject to taxation by the District in the same manner as any similar organization. (Sec. 144) Prohibits funds contained in this Act: (1) or any other Act from being used to pay the salary or expenses of any officer or employee of any District government agency or of any entity within the District government who fails to provide information requested by the Chief Financial Officer; (2) from being used for purposes of the annual independent audit of the District government (including the Authority) for FY 1999 unless the audit is conducted by the Inspector General of the District and the audit includes a comparison of audited actual year-end results with the revenues submitted in the budget document for such year and the appropriations enacted into law for such year; and (3) from being used by the District Corporation Counsel or any other District government officer or entity to provide assistance for any petition drive or civil action which seeks to require the Congress to provide for voting representation in the Congress for the District. (Sec. 146) Conditions expenditure of appropriations made by this Act for programs or functions for which a reorganization plan is required only on the approval by the Authority of the required reorganization plan. (Sec. 147) Makes the evaluation process and instruments for evaluating District public school employees a non-negotiable item for collective bargaining purposes. (Sec. 149) Repeals the Residency Requirement Reinstatement Amendment Act of 1998. (Sec. 150) Prohibits Federal funds appropriated under this Act from being used to carry out any program of distributing sterile needles or syringes for the hypodermic injection of any illegal drug.

To amend the Internal Revenue Code of 1986 to provide for the tax treatment of section 42 housing cooperatives and the shareholders of such cooperatives, and for other purposes.

United States · United States Congress · 3 August 1998

Amends the Internal Revenue Code to authorize, in the case of a housing cooperative eligible for the low-income housing tax credit: (1) nonresident shareholders to include such credit and the deduction for certain unpaid acquisition interest allowable to the cooperative proportionally in the calculation of their individual income taxes; and (2) resident shareholders to include the deduction for real estate taxes and interest paid by the cooperative proportionally in the calculation of their individual income taxes.

Rural Opportunity Communities Act of 1998

United States · United States Congress · 31 July 1998

Rural Opportunity Communities Act of 1998 - Amends title XX (Block Grants to States for Social Services) of the Social Security Act (SSA) to entitle each State to Federal grants for: (1) each rural opportunity community in the State designated pursuant to this Act; and (2) each additional qualified empowerment zone in the State designated pursuant to the Taxpayer Relief Act of 1997. Specifies a formula for the amount of each grant, with separate base amounts for empowerment zones in urban or rural areas. Provides funding for the additional grants made available by this Act. Authorizes the Secretary of Agriculture to designate up to ten rural opportunity communities. Sets forth the criteria an area must meet to be designated as a rural opportunity community, including that the area must demonstrate economic distress resulting from poverty or certain other factors during the most recent five-year time period. Amends the Internal Revenue Code to provide that well-performing empowerment zones and enterprise communities: (1) may be given additional points in the designation process; and (2) shall be recognized annually, and their best practices disseminated to other designated empowerment zones and enterprise communities. Directs the Secretary of Health and Human Services to set aside ten percent of amounts otherwise made available for urban empowerment zones for use by any urban empowerment zone or enterprise community that the Secretary of Housing and Urban Development determines has completed or made satisfactory progress in implementing its approved ten year strategic plan.

Depository Institution Regulatory Streamlining Act of 1998

United States · United States Congress · 31 July 1998

TABLE OF CONTENTS: Title I: Improving Monetary Policy Title II: Improving Depository Institution Management Practices Subtitle A: National Banks Subtitle B: Savings Associations Subtitle C: Other Institutions Title III: Streamlining Federal Banking Agency Requirements and Elimination of Unnecessary or Outdated Requirements Title IV: Disclosure Simplification Title V: Bank Examination Report Privilege Act Title VI: Technical Corrections Depository Institution Regulatory Streamlining Act of 1998 - Title I: Improving Monetary Policy - Amends the Federal Reserve Act (FRA) to authorize payment of interest quarterly to depository institutions on required reserve balances maintained at a Federal reserve bank. (Sec. 102) Amends the Federal Deposit Insurance Act (FDIA) to authorize a depository institution to permit the holder of an interest-bearing account to: (1) make interaccount transfers; and (2) make withdrawals by negotiable or transferable instruments for transfers to third parties. Amends the following statutes to repeal the prohibition on payment of interest on demand deposits: (1) the FRA; (2) the Home Owners' Loan Act (HOLA); and (3) the FDIA. (Sec. 103) Extends from FY 1998 to FY 2003 the mandate for transfer of certain Federal reserve bank surplus funds into the general fund of the Treasury. Prohibits a Federal reserve bank from replenishing its surplus fund by the amount of such transfer during the fiscal year for which the transfer was made. (Sec. 104) Requires the Board of Directors of the Federal Deposit Insurance Corporation (FDIC) to study and report to the Congress on the adequacy of the deposit insurance funds. Title II: Improving Depository Institution Management Practices - Subtitle A: National Banks - Amends the Banking Act of 1933 to authorize the Comptroller of the Currency to exempt a national banking association from the 25-member limitation placed on its board of directors. (Sec. 202) Amends the Revised Statutes of the United States and the FDIA to permit a national banking association, and an insured depository institution respectively, to make a loan or discount on the security of its own capital stock if it acquires such stock to prevent loss upon a debt contracted for in good faith. (Currently the Revised Statutes require disposition of such a purchase within six months of acquisition.) (Sec. 203) Amends the National Bank Consolidation and Merger Act to permit a national bank, upon approval of the Comptroller of the Currency and the Board of Governors of the Federal Reserve System (Federal Reserve Board), to reorganize as a bank holding company subsidiary. Subtitle B: Savings Associations - Amends HOLA to permit a savings and loan (S&L) holding company to acquire or retain more than five percent of the voting shares of either a non-subsidiary S&L holding company or savings association, with the prior written approval of the Director of the Office of Thrift Supervision (OTS Director). (Sec. 212) Permits Federal savings associations to make loans and investments in service companies whose entire capital stock is available exclusively for purchase by savings associations. (Sec. 213) Repeals the mandatory 30-day advance notice of a declaration of dividend on guaranty, permanent, or other nonwithdrawable stock by S&L holding company subsidiary savings associations. (Sec. 214) Revises the authority for investments in real property and obligations secured by liens on real property. Replaces the current specification of real property located within a geographic area or neighborhood receiving concentrated development assistance by a local government under title I of the Housing and Community Development Act of 1974, with the specification of investments in real property for the primary purpose of promoting the public welfare, including the welfare of low- and moderate-income communities or families (including the provision of housing, services, or jobs). Limits the aggregate amount of such investments by a savings association to the sum of five percent of the association's capital stock actually paid in and unimpaired and five percent of the association's unimpaired surplus fund (currently, two percent of association assets). Authorizes the increase of such percentages to ten percent if the OTS Director determines that a higher amount will pose no significant risk to the affected deposit insurance fund, and that the savings association is adequately capitalized. Subtitle C: Other Institutions - Amends the FDIA to prohibit officers, directors, and committee members of an insured credit union from receiving any economic benefit as a result of credit union conversions. Title III: Streamlining Federal Banking Agency Requirements and Elimination of Unnecessary or Outdated Requirements - Requires the Federal banking agencies to use "plain English" in all proposed and final rulemakings, and work jointly to: (1) develop a system for electronic filing of financial status (call) reports by insured depository institutions; (2) adopt a single form for the filing of required core information; and (3) simplify instructions accompanying such core information. (Sec. 303) Amends the Federal Deposit Insurance Corporation Improvement Act of 1991 to authorize Federal banking agencies to allow readily marketable purchased mortgage servicing rights to be valued at more than 90 percent (prohibited under current law) if the agencies jointly find that such valuation would not have an adverse effect on either deposit insurance funds or the safety and soundness of insured depository institutions. (Sec. 304) Amends the National Bank Receivership Act and the FDIA to provide for judicial review of the appointment of a receiver for either a national bank or for an insured depository institution. (Sec. 305) Amends the Revised Statutes to eliminate minimum capitalization requirements for national banks and for new branches of a national banking association. (Sec. 308) Amends the FDIA to grant the FDIC rulemaking authority to establish interest rates and to make postinsolvency payments of interest to creditors of receivership estates of insured Federal or State depository institutions following satisfaction by the receiver of the principal amount of all creditor claims. (Sec. 309) Repeals deposit broker notification and recordkeeping requirements. (Sec. 310) Revises FRA credit extension guidelines to: (1) permit a member bank to extend home equity lines of credit of up to $100,000 to its executive officers; and (2) specify a maximum credit extension ceiling for such officers secured by readily marketable assets of specified value. (Sec. 311) Amends the FRA to repeal certain restrictions on loans by member banks secured by stock or bond collateral, including the power and the duty of the Federal Reserve Board to: (1) establish capital and surplus percentages (lending limits) to restrain the undue use of bank loans for the speculative carrying of securities; and (2) prevent a member bank from increasing bank loans that are secured by stock or bond collateral. (Sec. 312) Amends the Bank Holding Company Act of 1956 to repeal the limitations placed upon savings bank life insurance activities. Title IV: Disclosure Simplification - Amends the Truth in Lending Act variable percentage rate disclosure requirements for open end consumer credit plans secured by the consumer's principal dwelling to enable the creditor to substitute a statement that periodic payments may substantially increase or decrease in lieu of the currently mandated table showing how such rate and minimum periodic payment would have been affected during the preceding 15-year period. (Sec. 402) Sets forth alternative disclosure requirements for radio or television consumer credit advertisements. Title V: Bank Examination Report Privilege Act - Amends the FDIA and the Federal Credit Union Act to establish a bank supervisory privilege whereby all confidential supervisory information shall be the property of the Federal banking agency that created or requested the information, and such information shall be privileged from disclosure to any other person absent prior agency authorization. Prescribes implementation guidelines. Title VI: Technical Corrections - Makes technical corrections to related statutes to reflect the changes wrought by this Act.

Cardell Cooper, of New Jersey, to be an Assistant Secretary of Housing and Urban Development, vice Saul N. Ramirez, Jr.

United States · United States Senate · 30 July 1998

Harold Lucas, of New Jersey, to be an Assistant Secretary of Housing and Urban Development, vice Kevin Emanuel Marchman.

United States · United States Senate · 30 July 1998

Rural and Remote Community Fairness Act of 1998

United States · United States Congress · 30 July 1998

TABLE OF CONTENTS: Title I: Short Title Title II: Rural and Remote Community Development Block Grants Title III: Rural and Remote Community Electrification Grants Title I: Short Title - Rural and Remote Community Fairness Act of 1998. Title II: Rural and Remote Community Development Block Grants - Amends the Housing and Community Act of 1974 to authorize (including appropriations) a rural and remote community development block grant program. Sets forth eligible program activities, including housing, water and waste water, and fuel and energy enhancements. Title III: Rural and Remote Community Electrification Grants - Amends the Rural Electrification Act of 1936 to authorize (including appropriations) rural and remote community electrification grants.

Children's Health Assurance through the Medicaid Program (CHAMP) Act

United States · United States Congress · 30 July 1998

Children's Health Assurance through the Medicaid Program (CHAMP) Act - Amends title XIX (Medicaid) of the Social Security Act (SSA) to allow certain additional community-based entities to determine the presumptive Medicaid eligibility for low-income children. Includes among such entities: (1) elementary and secondary schools (including those operated or supported by the Bureau of Indian Affairs); (2) State child support enforcement agencies; (3) child care resource and referral agencies; and (4) State offices and private contractors that accept applications for or administer programs funded under SSA title IV part A (Temporary Assistance for Needy Families) (TANF), or that determine assistance or benefit eligibility for any federally-funded program of public or assisted housing under the United States Housing Act of 1937.

A bill to amend the Internal Revenue Code of 1986 to provide that housing assistance provided under the Native American Housing Assistance and Self-Determination Act of 1996 shall be treated for purposes of the low-income housing credit in the same manner as comparable assistance.

United States · United States Congress · 28 July 1998

Amends the Internal Revenue Code to disregard certain Native American housing assistance in determining whether a building is federally subsidized for low-income housing credit purposes.

Disaster Mitigation Act of 1998

United States · United States Congress · 27 July 1998

TABLE OF CONTENTS: Title I: Predisaster Hazard Mitigation Title II: Streamlining and Cost Reduction Title III: Miscellaneous Disaster Mitigation Act of 1998 - Title I: Predisaster Hazard Mitigation - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to require a State, in submitting a disaster preparedness and prevention program plan prior to receiving assistance under such Act, to set forth a comprehensive and detailed State program for mitigating emergencies and major disasters, including provisions for prioritizing mitigation measures. (Sec. 103) Authorizes the President to make grants for up to 50 percent of the cost of testing and application of hazard identification technologies that can be used by State and local governments and that will likely result in substantial savings as compared to current hazard identification methods. (Sec. 104) Authorizes the President to establish a program to provide financial assistance to States, local governments, and other entities for carrying out predisaster hazard mitigation activities that exhibit long-term, cost-effective benefits and substantially reduce the risk of future damage, hardship, or suffering from a major disaster. Provides, with respect to such assistance program, for: (1) minimum and maximum per-State allocation of funds; (2) criteria for granting such assistance and determining amounts; (3) State Governor recommendations of no fewer than five local governments or other entities to receive such assistance; (4) a Federal cost-share limit; (5) an authorization of appropriations for FY 1998 through 2002; and (6) a report from the President to the Congress on a process for future program administration, including transferring to State and local governments greater responsibility for administering the program and consideration of private sector initiatives for predisaster mitigation to supplement activities of the President and the Federal Emergency Management Agency (FEMA). (Sec. 105) Directs the Comptroller General to study and report to the Congress on: (1) the effectiveness of the predisaster hazard mitigation program and whether expenditures under the program are warranted in terms of mitigation, disaster avoidance, and dollars saved; and (2) recommendations concerning the appropriate selection of sites and activities conducted with respect to predisaster mitigation. (Sec. 106) Requires the President to establish an interagency task force for purposes of coordinating the implementation of Federal predisaster hazard mitigation programs. (Sec. 107) Increases the maximum contribution authorized to be made by the President for costs of hazard mitigation measures to 20 (currently, 15) percent of the estimated aggregate amount of grants to be made under the Act with respect to a major disaster. Applies such amendment to major disasters declared after March 1, 1997. Title II: Streamlining and Cost Reduction - Directs the President to: (1) establish management cost rates for disaster preparedness and mitigation assistance grantees and subgrantees; and (2) review such rates three years after establishment and periodically thereafter. (Sec. 202) Limits the Federal share of assistance for repair, restoration, or replacement of facilities damaged by a major disaster to 75 percent of the eligible costs of the repair, restoration, or replacement of damaged public and private facilities. Allows a State, local government, or private nonprofit facility, in lieu of repairing, restoring, or replacing such damaged facilities, to receive the Federal cost share limit and repair other facilities or construct new facilities. Authorizes the President to modify the Federal cost share with respect to a large in-lieu contribution if the contribution will be used for mitigation activities consistent with a State plan. Provides for the determination of eligible costs and the modification of such costs. Requires the President, acting through the FEMA Director, to establish an expert panel for the determination of such costs. (Sec. 203) Authorizes the President to provide financial assistance, and, if necessary, direct services to disaster victims who as a direct result of a major disaster have necessary expenses and serious needs and are unable to meet such expenses and needs through other means. Authorizes the President to provide housing assistance to those who are displaced from their pre-disaster residence or whose residence is rendered uninhabitable as a result of such disaster. Includes as appropriate direct assistance the provision of other housing units. Limits the use of such units to 18 months, but allows the President to extend such period under extraordinary circumstances. Allows such assistance to include the repair of the original residence or permanent new housing construction in limited circumstances. Limits to $25,000 the individual or household assistance amount. (Sec. 204) Repeals a provision of the Act authorizing the President to make community disaster loans following major disasters. (Sec. 205) Authorizes a State desiring to administer its own hazard mitigation assistance program to submit for the President's approval an application for the delegation of such authority, under specified criteria. (Sec. 206) Directs the President to conduct and report to the Congress on a pilot program to streamline the damaged facilities program established under the Act. (Sec. 207) Directs the Comptroller General to conduct studies to: (1) estimate the reduction in Federal disaster assistance that has resulted and is likely to result from the enactment of this Act; (2) determine the current and future expected availability of insurance for public infrastructure eligible for assistance under the Act; and (3) examine major disasters and emergencies declared since January 1, 1974, and describe criteria for making declarations and how such criteria have changed over time. Requires reports to the Congress on the results of such studies. Title III: Miscellaneous - Makes a technical correction to the short title of the Act. (Sec. 302) Removes the Trust Territory of the Pacific Islands from the definition of "State" under the Act.

International Monetary Fund Appropriations Act of 1998

United States · United States Congress · 21 July 1998

TABLE OF CONTENTS: Title I: Export and Investment Assistance Title II: Bilateral Economic Assistance Title III: Military Assistance Title IV: Multilateral Economic Assistance Title V: General Provisions Title VI: Multilateral Economic Assistance Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1999 - Title I: Export and Investment Assistance - Makes appropriations for FY 1999 for: (1) direct loans, loan guarantees, tied-aid grants, insurance, and administrative expenses under Export-Import Bank programs (with a bar on such assistance for enterprises or programs in the New Independent States (of the former Soviet Union) which are majority-owned or -managed by state entities); (2) Overseas Private Investment Corporation (OPIC) direct and guaranteed loans and administrative expenses (limiting the availability of certain funds until OPIC reports to the Committees on Appropriations on measures taken to establish sector specific investment funds, including regional investment initiatives in Georgia, Armenia, and Azerbaijan through the Caucasus Fund); and (3) the Trade and Development Agency. Title II: Bilateral Economic Assistance - Makes appropriations for FY 1999 for: (1) expenses of the President in carrying out certain programs under the Foreign Assistance Act of 1961; (2) the Agency for International Development (AID) for specified development assistance (earmarking up to certain amounts for the Inter-American Foundation and the African Development Foundation); (3) specified projects aimed at reunification of Cyprus; (4) democracy and humanitarian activities in Burma; (5) economic assistance and development assistance for Indonesia; (6) economic assistance and development assistance for research, conservation, training and related activities for the Province of the Galapagos Islands, Ecuador (Mitch McConnell Conservation Fund); (7) international disaster assistance; (8) Department of the Treasury international affairs technical assistance activities; (9) debt restructuring; (10) micro and small enterprise development programs; (11) the urban and environmental credit program account; (12) private and voluntary organizations that receive 20 percent or more of their funding from non-Federal sources; (13) the Foreign Service Retirement and Disability Fund; (14) operating expenses of AID and the AID Office of Inspector General; (15) Economic Support Fund (ESF) assistance (earmarking amounts for Israel, Egypt, and Jordan, and victims of and programs related to the Holocaust); (16) economic assistance for Eastern Europe and the Baltic States (earmarking amounts for Bosnia and Herzegovina, subject to specified conditions); (17) assistance for the New Independent States of the former Soviet Union (earmarking amounts for the Ukraine, with certain conditions, Georgia, Armenia, and Mongolia); (18) the Peace Corps (but no funds for abortions); (19) international narcotics control (earmarking amounts for Law Enforcement Training and Demand Reduction and for the operation of the International Law Enforcement Academy for the Western Hemisphere at the deBremmond Training Center in Roswell, New Mexico); (20) migration and refugee assistance (earmarking amounts for refugees from the former Soviet Union and Eastern Europe and other refugees resettling in Israel); (21) the Emergency Refugee and Migration Assistance Fund; and (22) nonproliferation, anti-terrorism, demining and related programs and activities (specifying conditions on funds for the Korean Peninsula Energy Development Organization (KEDO)). Bars the use of development assistance funds for: (1) coercive abortions or involuntary sterilizations; and (2) U.S. private and voluntary organizations which obtain less than 20 percent of annual funding from sources other than the U.S. Government. Bars the use of funds for activities and programs for Cambodia until the Secretary of State determines and reports to the Committees on Appropriations that Cambodia has held free and fair elections. Prohibits the availability of funds to: (1) Azerbaijan until the President reports to the Congress that it is taking steps to cease all blockades and other offensive uses of force against Armenia and Nagorno-Karabakh; and (2) Russia unless the President certifies to the Committees on Appropriations that it has terminated arrangements to provide Iran with technology to develop a nuclear program, or ballistic missiles. Title III: Military Assistance - Makes appropriations for FY 1999 for: (1) international military education and training assistance (IMET) (with conditions on the use of funds by Guatemala); (2) foreign military financing and direct loans (earmarking amounts for Israel, Egypt, Jordan, Estonia, Latvia, Lithuania, Tunisia, and Poland, Hungary, and the Czech Republic (for integration into the North Atlantic Treaty Organization (NATO)); and (3) international peacekeeping operations (subject to obligation only through the notification procedures of the Committees on Appropriations). Prohibits foreign military financing for Sudan, Liberia, and Guatemala. Title IV: Multilateral Economic Assistance - Makes appropriations for FY 1999 for the U.S. contribution to the: (1) International Development Association; (2) Inter-American Development Bank; (3) Asian Development Bank; and (4) European Bank for Reconstruction and Development. Makes appropriations for FY 1999 for international programs and organizations. Sets certain restrictions on international organization funding, including prohibiting the use of funds for the United Nations Fund for Science and Technology. Prohibits the use of funds for the KEDO or the International Atomic Energy Agency (IAEA). Title V: General Provisions - Sets forth limits on the use of appropriations, including no more than specified maximums for official residence expenses, entertainment expenses, and representation allowances for AID, and for entertainment and representation allowances for the Inter-American Foundation and the Trade and Development Agency. Limits the use of funds for entertainment expenses of the Peace Corps, or under IMET. (Sec. 502) Prohibits the use of funds for: (1) bilateral funding of international financial institutions; (2) the export of nuclear equipment, fuel, or technology (except for nuclear safety purposes); (3) direct assistance or reparations to Cuba, Iraq, Libya, North Korea, Iran, Sudan, or Syria; (4) assistance to any country whose duly elected head of government is deposed by military coup or decree; (5) certain transfers between appropriations accounts without presidential consultation with the Congress; (6) assistance to any country in default in excess of a year on payments on a U.S. loan (except for Nicaragua and narcotics-related assistance for Colombia, Bolivia, and Peru); and (7) assistance for certain commodities likely to be in surplus on world markets if it will cause substantial injury to U.S. producers of a similar commodity. (Sec. 514) Directs the Secretary of the Treasury to instruct the U.S. Executive Directors of specified international financial institutions to oppose any assistance for the production or extraction of any commodity or mineral for export if it is in surplus on world markets and such assistance will cause substantial injury to U.S. producers of a similar commodity. (Sec. 516) Prohibits the availability of international organization funds, at the President's discretion, for certain Communist countries. (Sec. 517) Declares it is U.S. policy that appropriations for ESF funds allocated to Israel shall not be less than the annual debt repayment from Israel to the United States. (Sec. 518) Prohibits the use of development assistance funds for abortions or involuntary sterilizations as methods of family planning or to motivate or coerce any person to practice abortions, or provide any financial incentive to undergo sterilization. (Sec. 519) Declares that nongovernmental and multilateral organizations shall not be subjected to requirements more restrictive than requirements for foreign governments in determining eligibility for population planning assistance. (Sec. 520) Directs the President to report to the appropriate congressional committees on the cultivation, production, and transshipment of opium by North Korea (and annually thereafter as part of the International Narcotics Control Strategy Report under the Foreign Assistance Act of 1961). (Sec. 521) Prohibits the use of funds for Colombia, India, Haiti, Liberia, Pakistan, Serbia, Sudan, or the Democratic Republic of Congo, except through the regular notification procedures of the Committees on Appropriations. (Sec. 523) Makes funds available to AID for family planning, health, child survival, and basic education and AIDS research and control in developing countries. (Sec. 524) Bars funding for indirect assistance to Cuba, Iraq, Libya, Iran, Syria, North Korea, or China unless the President certifies that the withholding of such funds is contrary to U.S. national security interests. (Sec. 525) Amends the Arms Export Control Act to extend the President's waiver authority with respect to reciprocal leasing through the current year. (Sec. 526) Requires the Department of Defense (DOD) to notify the Committees on Appropriations before providing excess DOD articles to certain NATO and major non-NATO countries. (Sec. 528) Prohibits bilateral assistance funds to any country which the President determines grants sanctuary from prosecution to any individual or group which has committed an act of international terrorism or otherwise supports such activities. Authorizes a waiver by the President for national security and humanitarian reasons, requiring notification to the Committees on Appropriations. (Sec. 529) Authorizes the commercial leasing of defense articles (instead of government-to-government sale) to Israel, Egypt, NATO, and major non-NATO allies if the President determines that there are compelling foreign policy or national security reasons. (Sec. 530) Requires all AID contracts and subcontracts to include a clause requiring that U.S. insurance companies have a fair opportunity to bid when insurance is necessary or appropriate. (Sec. 531) Prohibits U.S. sale of Stinger missiles in the Persian Gulf region, with certain exceptions. (Sec. 532) Authorizes nongovernmental organizations which are AID grantees or contractors to place funds made available to them under this Act in interest bearing accounts in order to enhance their participation in economic activities under the Foreign Assistance Act of 1961, including endowments and debt-for-development and debt-for-nature exchanges. (Sec. 535) Bars assistance to any country that is not in compliance with the United Nations (UN) sanctions against Iraq, unless the President certifies to the Congress that such assistance: (1) is in the national interest; (2) will directly benefit the needy people in that country; or (3) will be humanitarian assistance for foreign nationals who have fled Iraq and Kuwait. (Sec. 537) Declares that provisions under this or any other Act authorizing appropriations for foreign operations or export financing shall not be construed to prohibit activities authorized by the Peace Corps Act, the Inter-American Foundation Act, or the African Development Foundation Act. (Sec. 538) Prohibits the use of funds to provide: (1) any financial incentive to induce a business to relocate outside the United States if it will reduce the number of employees in the United States; (2) assistance for establishing or developing in a foreign country an export processing zone or other designated area in which a country's tax, tariff, labor, environment, and safety laws do not apply to activities in the area, unless the President certifies that such assistance is not likely to cause a loss of U.S. jobs; or (3) assistance for any project that contributes to the violation of internationally recognized workers rights in the recipient country. (Sec. 539) Declares that no sanction, prohibition, or restriction against Serbia or Montenegro shall cease to be effective, unless the President certifies to the Congress there is substantial progress toward self-determination in Kosova and substantial improvement in the human rights situation there. (Sec. 540) Declares that funds appropriated under this Act for Afghanistan, Lebanon, and for victims of war, displaced children, displaced Burmese, humanitarian assistance for Romania, and humanitarian assistance for the peoples of Kosova, may be made available notwithstanding any other provision of law. Authorizes the use of foreign assistance funds to support tropical forestry and biodiversity conservation activities. Authorizes AID to employ personal services contractors to administer programs for the West Bank and Gaza. (Sec. 541) Expresses the sense of the Congress with respect to: (1) immediate public renunciation by Arab League countries of the boycott of Israel and American firms having commercial ties with Israel; and (2) steps the President should take to encourage such renunciation. (Sec. 542) Authorizes the use of ESF funds to strengthen the administration of justice in countries in Latin America, the Caribbean, and in other regions. (Sec. 543) Declares that restrictions on assistance to foreign countries contained in this Act or any other Act (except those relating to international terrorism or human rights violations) shall not be construed to restrict assistance: (1) in support of certain programs of nongovernmental organizations; or (2) under the Agricultural Trade Development and Assistance Act of 1954. (Sec. 544) Authorizes the reprogramming of earmarked appropriations for other programs within the same account, provided certain requirements are met. (Sec. 546) Prohibits the use of funds for publicity or propaganda purposes within the United States that were not authorized before the enactment of this Act. (Sec. 547) Declares that, to the maximum extent possible, assistance provided under this Act should make full use of American resources, including commodities, products, and services. Expresses the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased with funds under this Act should be American-made. Requires Federal agency heads, in providing financial assistance to or entering into any contract with any entity using funds made available in this Act, to notify such entity of this intention. (Sec. 548) Prohibits the use of funds to pay any assessments, arrearages, or dues of any UN member. (Sec. 550) Prohibits the provision of funds to a private voluntary organization that fails to provide any document, file, or record necessary to the auditing requirements of AID. (Sec. 551) Prohibits the provision of funds to any foreign government that provides lethal military equipment to a country determined to have a terrorist government, unless it is in the U.S. national interest. (Sec. 552) Withholds assistance to a foreign country in an amount equal to 110 percent of the total unpaid parking fines and penalties owed by the country to the District of Columbia. (Sec. 553) Prohibits the obligation of any appropriations for the Palestine Liberation Organization (PLO) for the West Bank and Gaza unless the President has exercised certain authorities to suspend prohibitions on assistance to the PLO. (Sec. 554) Permits the President to provide up to a specified amount of commodities and services to the UN War Crimes Tribunal if doing so will contribute to a just resolution of charges regarding genocide or other violations of international law in the former Yugoslavia. (Sec. 555) Declares it is the policy of the U.S.Government to sign the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction as soon as practicable. Authorizes disposal on a grant basis in foreign countries of demining equipment used in support of the clearing of land mines and unexploded ordnance for humanitarian purposes. (Sec. 556) Prohibits the obligation of appropriations to create in Jerusalem a new U.S. agency office for the purpose of conducting U.S. business with the Palestinian Authority over Gaza and Jericho (or any successor Palestinian governing entity) provided for in the Israel-PLO Declaration of Principles. (Sec. 557) Prohibits the obligation of certain funds appropriated for Informational Program activities to pay for: (1) alcoholic beverages; (2) food (other than food provided at a military installation) not provided in conjunction with Informational Program trips where students do not stay at a military installation; or (3) entertainment expenses for recreational activities. (Sec. 558) Authorizes the President to reduce amounts owed to the United States by eligible countries as a result of: (1) housing guarantees made under the Foreign Assistance Act of 1961; or (2) credits extended or guarantees issued under the Arms Export Control Act. Allows exercise of such debt reduction authority only with respect to countries with heavy debt burdens that are eligible to borrow from the International Development Association but not from the International Bank for Reconstruction and Development (IDA-only countries). Specifies further conditions on the exercise of such authority. (Sec. 559) Authorizes the President to engage in certain debt buybacks or sales. Authorizes sale, reduction, or cancellation of certain loans to foreign governments, upon receipt of payment from an eligible purchaser that plans to use such loans only for the purposes of engaging in debt-for-equity swaps, debt-for-development swaps, or debt-for-nature swaps. Limits such authority to funds appropriated by this Act under the heading of debt restructuring. (Sec. 560) Prohibits provision to the Government of Haiti of any funds appropriated by this Act until the President reports to specified congressional committees that such Government: (1) has completed privatization of (or placed under long-term private management or concession) three major public entities; (2) has re- signed the bilateral Repatriation Agreement with the United States (and that in the six months preceding such report it has been cooperating with the United States in halting illegal emigration from Haiti); (3) is conducting thorough investigations of extrajudicial and political killings; (4) is cooperating with U.S. authorities in such investigations; (5) has taken action to remove from the Haitian National Police, national palace and residential guard, ministerial guard, and any other public security entity individuals who have committed human rights violations; and (6) has ratified in the Haitian National Assembly the counter-narcotics agreements signed in October 1997. Makes such prohibition inapplicable to humanitarian or counter narcotics assistance, or support for the Haitian National Police's Special Investigations Unit, the International Criminal Investigative Assistance Program (ICITAP), or anti-corruption programs for the Haitian National Police. Authorizes the availability of appropriations to support elections in Haiti when the President reports to the Congress that the Government of Haiti: (1) has achieved a transparent settlement of the contested April 1997 elections; and (2) has made progress on the constitution of a provisional election council with the agreement of a broad spectrum of political parties, alliances and party conferences, not to be limited to factions of the Lavalas movement. Authorizes appropriations for the development and support of political parties in Haiti. Authorizes the President to waive the requirements under this section on a semiannual basis upon determination and certification to the appropriate congressional committees that it is in the U.S. national interest. (Sec. 561) Requires a specified annual report of the Secretary of State containing the voting record of each foreign member country of the UN to include a side-by-side comparison of each country's overall support for the United States at the UN and the amount of U.S. assistance provided to it in FY 1998. (Sec. 562) Requires the Secretary of Labor to report to the Committees on Appropriations on labor practices in Burma. (Sec. 563) Makes the Government of Haiti eligible to purchase U.S. defense articles and services for the civilian-led Haitian National Police and Coast Guard. (Sec. 564) Prohibits the use of funds to the security forces of a foreign country if the Secretary of State believes they have committed gross violations of human rights, unless the Secretary reports to the Committees on Appropriations that such country is taking steps to bring the responsible persons to justice. (Sec. 565) Requires U.S. opposition to loans to the Government of Cambodia by international financial institutions unless: (1) Cambodia has held free and fair elections; (2) during the 12 months before such elections, no candidate of any opposition party was murdered; (3) all political candidates were permitted freedom of speech, assembly, and equal access to the media; (4) voter registration and participation rates did not exceed the eligible population in any region; (5) refugees and overseas Cambodians were permitted to vote; (6) the Central Election Commission was composed of representatives from all parties; and (7) international monitors were accorded appropriate access to polling sites. (Sec. 566) Requires that any agreement between the United States and the Government of Indonesia for the sale of lethal weapons shall state that such items will not be used in East Timor. (Sec. 567) Prohibits the United States from paying any voluntary or assessed contributions to the UN, including the UN Development Program, unless the President certifies to the Congress 15 days in advance of such payment that the UN is not engaged in any efforts to implement or impose any taxation on U.S. persons in order to raise revenue. (Sec. 568) Requires bilateral and multilateral assistance sanctions (except with respect to certain humanitarian, democratization, and related assistance) against countries harboring war criminals indicted with respect to the former Yugoslavia. Prohibits assistance for any project in which an indicted war criminal is known to have any financial or material interest. Provides a waiver of such prohibitions if the Secretary of State provides a determination to specified congressional committees that such assistance directly supports the implementation of the Dayton Agreement and its Annexes, which include the obligation to apprehend and transfer indicted war criminals to the International Criminal Tribunal for the Former Yugoslavia. Provides a limited waiver of such prohibitions with respect to any project of assistance for Brcko and Banja Luka if certain conditions are met. (Sec. 569) Authorizes for FY 1998 and 1999 the use of DOD funds for crating, packing, handling, and transportation of excess defense articles to countries that are eligible to participate in the Partnership for Peace and that are eligible for assistance under the Support for East European Democracy (SEED) Act of 1989. (Sec. 570) Makes funds available for FY 1999 for defense article stockpiles in foreign countries, including the Republic of Korea and Thailand. (Sec. 571) Prohibits the use of funds for the Government of the Russian Federation unless the President certifies to specified congressional committees that the Federation has not enacted laws or promulgated executive orders that discriminate against religious minorities in violation of international agreements on human rights and religious freedoms to which it is a party. (Sec. 572) Directs the President to provide: (1) to the Congress an account of all Federal agency obligations and expenditures for climate change programs and activities (domestic and international) for FY 1998 and 1999; and (2) any plan for programs thereafter in the context of negotiations to amend the Framework Convention on Climate Change (FCCC) in conjunction with the submission of the Budget of the U.S. Government for FY 2000. (Sec. 573) Directs the President to withhold a specified amount of foreign assistance funds (except development or humanitarian assistance) from countries that violate any UN sanction against Libya. (Sec. 574) Bars funds to the Government of the Democratic Republic of Congo until the President reports to the Congress that it is cooperating fully with investigators from the UN or any other international relief organizations in accounting for human rights violations committed there or in adjacent countries. (Sec. 576) Prohibits assistance for a Government of the New Independent States of the former Soviet Union unless it is making progress in implementing comprehensive economic reforms based on market principles, private ownership, respect for commercial contracts, and equitable treatment of foreign private investment. Prohibits assistance to such a Government, furthermore, if it: (1) applies or transfers U.S. assistance to any entity for the purpose of expropriating or seizing ownership or control of assets, investments, or ventures; or (2) directs any action in violation of the sovereignty of any other new independent state. Prohibits any assistance to enhance such a Government's military capability. Prohibits assistance to Russia until the Secretary of State certifies that agreement has been reached with it that such assistance is not taxed nor is subject to taxation. (Sec. 577) Amends the Foreign Assistance Act of 1961 to require the publication in the Federal Register of each required notice to the Congress of the transfer of certain excess defense articles to a foreign country. Requires the publication of only a statement that the Congress has been so notified in cases where the President concludes publication would be harmful to the national security of the United States. (Sec. 579) Requires the inclusion of specified additional information in a mandatory annual report by the Chairman of the National Advisory Council on International Monetary and Financial Policies regarding U.S. participation in international financial institutions. (Sec. 580) Prohibits the obligation of funds to the Palestinian Authority, subject to waiver on the grounds of U.S. national security interests. Title VI: Multilateral Economic Assistance - International Monetary Fund Appropriations Act of 1998 - Makes supplemental appropriations for FY 1998 for the U.S. contribution to: (1) the International Bank for Reconstruction and Development (World Bank); (2) the Inter-American Development Bank; (3) the Enterprise for the Americas Multilateral Investment Fund; and (4) the Asian Development Fund. Makes supplemental appropriations for FY 1998 for: (1) loans to the International Monetary Fund (IMF) under the New Arrangements to Borrow (equivalent to a specified amount of Special Drawing Rights); and (2) an increase in the U.S. IMF quota of Special Drawing Rights. Authorizes the use for the New Arrangements to Borrow of a specified amount of previously appropriated IMF Special Drawing Rights for the General Arrangements to Borrow. (Sec. 601) Prohibits funds appropriated for the U.S. IMF quota from being obligated, transferred, or made available to the IMF until 30 days after the Secretary of the Treasury certifies, to the appropriate congressional committees, that the major IMF shareholders, including the United States, Japan, the Federal Republic of Germany, France, Italy, the United Kingdom, and Canada have agreed to, and will seek to implement in the IMF, policies that provide for conditions in stand-by agreements or other arrangements regarding the use of IMF resources, requiring that the recipient country: (1) liberalize restrictions on trade in goods and services and on investment, at a minimum consistent with the terms of all international trade obligations and agreements; and (2) eliminate the practice or policy of government directed lending on non-commercial terms or provision of market distorting subsidies to favored industries, enterprises, parties, or institutions. Directs the United States to exert its influence with the IMF and its members to encourage it to include as part of its conditions of stand-by agreements or other uses of the IMF's resources that the recipient country take action to remove discriminatory treatment between foreign and domestic creditors in its debt resolution proceedings. Directs the United States to exert its influence with the IMF and its members to encourage it to include as part of its conditions of assistance that the recipient country take action to adopt modern insolvency (bankruptcy) laws that meet specified goals. (Sec. 602) Directs the Secretary of the Treasury to certify to the appropriate congressional committees that the IMF Board has agreed to provide timely access (transparency) by the Comptroller General to information and documents relating to IMF operations, program and policy reviews, and decisions regarding stand-by agreements and other uses of its resources. Requires the Secretary of the Treasury to direct, and the IMF U.S. Executive Director to agree, to provide access by the Comptroller General to IMF documents, information, and operations. (Sec. 603) Directs the President to establish an International Financial Institution Advisory Commission, which shall report to the appropriate congressional committees on the future role and responsibilities, if any, of the IMF and the merit, costs and related implications of consolidation of the organization, management, and activities of the IMF, the World Bank, and the World Trade Organization (WTO). (Sec. 604) Directs the President to call for a Bretton Woods Conference of representatives of the member countries of the IMF, the World Bank, and the WTO to consider their structure, management and activities, their possible merger, and their capacity to contribute to exchange rate stability and economic growth and to respond effectively to financial crises. (Sec. 605) Requires the Secretary of the Treasury, following extension of a stand-by agreement or other uses of resources by the IMF, to report to the appropriate congressional committees specified information about: (1) borrower's rules and regulations; (2) the burden shared by private sector investors and creditors, including commercial banks in the Group of Seven Nations, in the losses which have prompted the use of IMF resources; (3) IMF strategy, plan and timetable for completing the borrower's payback of IMF resources; and (4) the status of efforts to upgrade the borrower's national standards to meet the Basle Committee's Core Principles for Effective Banking Supervision. (Sec. 606) Directs the Secretary of the Treasury, before the release of IMF funds to a borrower country, to certify to the appropriate congressional committees that certain conditions have been met, including: (1) no IMF resources have resulted in support to the semiconductor, steel, automobile, or textile and apparel industries; (2) the IMF has not guaranteed or underwritten the private loans of such industries; and (3) IMF and Department of the Treasury officials have monitored the implementation of stabilization programs in effect after July 1, 1997, and all of the conditions have either been met, or the recipient government has committed itself to fulfill these conditions according to an approved timetable for completion. Requires that such certifications be made 14 days before any IMF resources are disbursed to the borrower. Directs the Secretary of the Treasury to instruct the U.S. Executive Director of the IMF to use his or her voice to oppose disbursement of further funds if such certification is not given. Directs the Secretary of Commerce to establish a team of Department of Commerce employees to: (1) collect data on import volumes and prices, and statistics in certain industries; (2) monitor the effect of the Asian economic crisis on such industries; (3) collect accounting data from Asian producers; and (4) work to prevent import surges in such industries or to assist U.S. industries affected by such surges in their efforts to protect themselves under U.S. trade laws. (Sec. 607) Directs the Secretary of the Treasury to instruct the U.S. Executive Director of the IMF to use the U.S. vote to: (1) prevent the extension of IMF resources directly to or for the direct benefit of the President of Indonesia or any member of the President's family; and (2) oppose further disbursement of funds to Indonesia on any IMF terms or conditions less stringent than those imposed on the Republic of Korea and the Philippines Republic. (Sec. 608) Directs the Secretary of the Treasury to instruct the U.S. Executive Director of the IMF to use the U.S. vote to vigorously promote policies to encourage the opening of markets for agricultural commodities and products by requiring recipient countries to make efforts to reduce trade barriers. (Sec. 609) Directs the Secretary of the Treasury to establish an IMF Advisory Committee to meet with him or her to review and provide advice on the extent to which individual IMF country programs meet certain requisite policy goals. (Sec. 610) Directs the Secretary of the Treasury to consult with the office of the U.S. Trade Representative before instructing the U.S. Executive Director of the IMF on the U.S. position regarding loans or credits to prospective IMF borrower countries.

Agricultural Job Opportunity Benefits and Security Act of 1998

United States · United States Congress · 21 July 1998

Agricultural Job Opportunity Benefits and Security Act of 1998 - Directs the Secretary of Labor to establish a database system of U.S. agricultural worker registries to provide temporary and seasonal agricultural job opportunity and referral information. Bases registry coverage on job opportunities in a State or group of contiguous States with a common pool of workers. Sets forth individual registrant requirements, including validation of employment status. (Sec. 4) Requires an employer (including employer associations) prior to hiring a temporary agricultural worker to apply to the Secretary for a U.S. worker referral from the appropriate registry. Sets forth provisions regarding: (1) employer application and labor- related assurance requirements; and (2) registry search and worker referral by the Secretary, including alien worker visa issuances in cases of insufficient registered workers. (Sec. 7) Sets forth employer requirements regarding: (1) wages; (2) housing, including an allowance in lieu of housing; and (3) transportation reimbursement, including establishment of a pilot program to provide certain registered workers with vouchers to purchase employment location transportation. (Sec. 8) Directs the Secretary to establish an enforcement process with respect to employer application violations, including: (1) written notice of finding and opportunity for administrative appeal; (2) payment of back wages; (3) civil monetary penalties; and (4) temporary and permanent program disqualification. (Sec. 9) Amends the Immigration and Nationality Act to replace the existing H-2A temporary agricultural worker admissions program with an alternative admissions program. Sets forth provisions regarding: (1) admissibility criteria; (2) length of stay; (3) abandonment of employment; (4) issuance of identification and employment documents; and (5) extension of stay for aliens in the United States. Establishes a trust fund in the Treasury to administer such program, and to provide monetary incentives for alien workers to return to their country of origin upon a finding by the Attorney General that such financial inducements are necessary to assure departures. Prohibits admission of H-2A alien family members. (Sec. 10) Includes certain H-2A workers who have complied with applicable visa conditions in the employment-based immigration preference allocation. (Sec. 11) Amends the Head Start Act to make certain seasonal agricultural worker families eligible for the migrant and seasonal (as added by this section) Head Start program. Increases the set-aside for specified Head Start programs. (Sec. 13) States that additional funds for the registry program, if necessary, shall come from amounts available to Federal and State entities under the Wagner-Peyser Act.

District of Columbia Appropriations Act, 1999

United States · United States Congress · 21 July 1998

District of Columbia Appropriations Act, 1999 - Makes appropriations for the District of Columbia for FY 1999, including amounts for: (1) the Federal payment for management reform; (2) Federal support for economic development in the District; (3) the Federal payment for Boys Town U.S.A. operations in the District; (4) the Federal payment to the District for the Nation's Capital Infrastructure Fund; (5) the Federal payment to the District's Corrections Trustee for operations; (6) the Federal payment to the District courts; (7) the Federal payment to the District's Offender Supervision, Defender, and Court Services Agency; (8) the Federal payment to the Georgetown Waterfront Park Fund; and (9) a Federal contribution to the District to establish a National Museum of American Music and a City Museum and Visitors Center. Appropriates specified sums out of the District's general fund (and other funds, in some cases) for the current FY for: (1) governmental direction and support; (2) economic development and regulation; (3) public safety and justice; (4) the public education system; (5) human support services; (6) public works; (7) financing and other uses; (8) receivership programs; (9) the District of Columbia Financial Responsibility and Management Assistance Authority (Authority); (10) the Water and Sewer Authority and the Washington Aqueduct; (11) the Lottery and Charitable Games Enterprise Fund; (12) the Cable Television Enterprise Fund; (13) the Public Service Commission; (14) the Office of the People's Counsel; (15) the Office of Banking and Financial Institutions; (16) the Department of Insurance and Securities Regulation; (17) D.C. General Hospital; (18) the Starplex Fund; (19) the D.C. Retirement Board; (20) the Correctional Industries Fund; (21) the Washington Convention Center Enterprise Fund; and (22) capital outlays. Prohibits the District government from employing more than 32,900 full time employee (FTE) positions, exclusive of intra-district FTE positions, during FY 1999. Sets forth authorized uses of, and limitations on, such funds. Bars the use of revenues from Federal sources to support the operations of the D.C. Statehood and Statehood Compact Commissions. Requires the District to identify the sources of funding for Admission to Statehood from its own locally-generated revenues. (Sec. 110) Prohibits funds appropriated in this Act from being available to pay the salary of any District government employee whose name, title, grade, salary, work experience, and salary history are not available for inspection by specified congressional committees and subcommittees and the District Council. (Sec. 114) Bars the D.C. Mayor from borrowing any funds for capital projects without prior approval of the District Council. (Sec. 124) Applies any sequestration orders under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to each account appropriating Federal funds in this Act rather than to the aggregate total of such accounts. Requires the Mayor, in the event such an order is issued after amounts appropriated to the District have been paid, to pay sequestered amounts to the Secretary of the Treasury (Secretary). (Sec. 127) Bars the use of Federal funds provided in this Act to provide for salaries or other expenses associated with the offices of U.S. Senator or Representative under the District of Columbia Statehood Constitutional Convention Initiatives of 1979. (Sec. 129) Prohibits the expenditure of funds appropriated under this Act for abortions except where the mother's life would be endangered if the fetus were carried to term or in cases of rape or incest. (Sec. 130) Permits any entity of the D.C. government, including the Authority, in using the funds for repair and improvement of D.C. public school facilities made available under this Act or any other Act, to place orders for engineering and construction and related services with the Chief of Engineers of the U.S. Army Corps of Engineers. Allows the Chief to accept such orders on a reimbursable basis and to provide any part of such services by contract. (Sec. 131) Bars the use of funds made available by this Act to implement any system of registration of unmarried, cohabitating couples for purposes of extending benefits to such couples on the same basis as such benefits are extended to married couples or to implement the District Domestic Partner Act (also known as the District of Columbia Health Care Benefits Expansion Act of 1992). (Sec. 132) Requires by FY 1999, or within 30 calendar days after the enactment of this Act, whichever occurs later, and each succeeding year, the Chief Executive Officer, Superintendent of the D.C. Public Schools, and the University of the District of Columbia (University) to submit to the appropriate congressional committees, the Mayor, the District Council, the Consensus Commission, and the Authority, a revised appropriated funds operating budget for the public school system and the University for such fiscal year that is in the total amount of the approved appropriation and that realigns budgeted data for personal services and other-than-personal services, respectively, with anticipated actual expenditures. (Sec. 133) Requires the Emergency Transitional Education Board of Trustees, the Board of Trustees of the University, the Board of Library Trustees, and the Board of Governors of the University of the District of Columbia School of Law to vote on and approve their respective annual or revised budgets before submission to the Mayor for inclusion in the Mayor's budget submission to the District Council or before submitting their respective budgets directly to the Council. (Sec. 134) Establishes a ceiling on total operating expenses for the District for FY 1999. Permits increases of such amount for additional approved expenditures which the Chief Financial Officer certifies will produce additional revenues during such fiscal year at least equal to 200 percent of such expenditures. Requires the Authority, within 30 calendar days after the end of each fiscal quarter starting FY 1999, to report to specified congressional committees on an itemized accounting of all non-appropriated funds obligated or expended by the Authority for the quarter. (Sec. 135) Amends the District of Columbia Public Education Act to allow amounts appropriated to the District by the Federal Government (in lieu of donation of public lands for the endowment and maintenance of colleges for the benefit of agriculture and the mechanic arts) to be invested in equity-based securities if approved by the Chief Financial Officer. (Sec. 136) Requires, if a District government department or agency is under the administration of a court-appointed receiver or other court-appointed official during FY 1999 or any succeeding fiscal year, the receiver or official to prepare and submit to the Mayor, for inclusion in the District's annual budget for the year and to be forwarded by the Mayor to the District Council without revision but subject to the Mayor's recommendations, annual estimates of the expenditures and appropriations necessary for the maintenance and operation of the department or agency. Allows the Council to comment or make recommendations concerning such annual estimates but bars the Council from revising the estimates. (Sec. 137) Directs the Authority, the Chief Executive Officer, and the Superintendent of the District public schools to report to specified congressional committees on measures to be taken to ensure that the District's public schools open on time to begin the 1999-2000 academic year. (Sec. 138) Requires an employee of the District public schools to be: (1) classified as an Educational Service employee; (2) placed under the personnel authority of the Board of Education; and (3) subject to all Board rules. Mandates that school-based personnel shall constitute a separate competitive area from nonschool-based personnel who shall not compete with school-based personnel for retention purposes. (Sec. 139) Provides that, for purposes of determining the amount of funds expended by any entity within the District government during FY 1999 and each succeeding fiscal year, any expenditures of the District government attributable to any District government officers or employees who provide services which are within the authority and jurisdiction of the entity (including any portion of the compensation paid to the officer or employee attributable to the time spent in providing such services) shall be treated as expenditures made from the entity's budget, without regard to whether the officers or employees are assigned to the entity or otherwise treated as the entity's officers or employees. Amends the District of Columbia Government Comprehensive Merit Personnel Act of 1978 to modify reduction in force procedures. (Sec. 140) Requires the D.C. Board of Education and the D.C. Public Schools (DCPS), within 120 days after a DCPS student is referred for evaluation or assessment to: (1) assess or evaluate such student who may have a disability and who may require special education services; and (2) if the student is classified as having a disability as defined in provisions of the Individuals with Disabilities Education Act or the Rehabilitative Act of 1973, place that student in an appropriate program of special education services. (Sec. 141) Provides that, notwithstanding any provision of any federally-granted charter or any other provision of law, beginning in FY 1999 and each fiscal year thereafter, the real property of the National Education Association located in the District shall be subject to taxation by the District in the same manner as any similar organization. (Sec. 142) Conditions expenditure of appropriations made by this Act for programs or functions for which a reorganization plan is required only on the approval by the Authority of the required reorganization plan. (Sec. 143) Makes the evaluation process and instruments for evaluating District public school employees a non-negotiable item for collective bargaining purposes. (Sec. 144) Requires the Authority to report to: (1) specified congressional committees on the status of all partnerships or agreements entered into from January 1, 1994, through September 30, 1998, between the District government and any nonprofit organization that provides medical care, substance abuse treatment, low income housing, food and shelter services, abstinence programs, or educational services to children, adults and families residing in the District; and (2) the Congress on the plans by the District government for reinitiating the partnerships or agreements that have been terminated with the respective nonprofit organization. (Sec. 145) Repeals the Residency Requirement Reinstatement Amendment Act of 1998. (Sec. 146) Amends the District of Columbia Financial Responsibility and Management Assistance Act of 1995 to require that beginning with the FY 2000 fiscal plan or budget submitted pursuant to this Act, such Act shall contain $150 million for a Reserve to be established by the Chief Financial Officer and the Authority to be expended only according to criteria established by the Chief Financial Officer and approved by the Authority. (Sec. 147) Allows funds accumulated during FY 1999 through fees that are otherwise non-appropriated funds to the District to be expended during FY 1999 by the Chief Financial Officer up to the amount certified by the Chief Financial Officer with the prior written approval of the Authority. (Sec. 148) Authorizes the Board of Trustees of the District of Columbia Public Library to hire a fund raiser and to raise funds from private sources and expend those funds for the benefit of the Library, with the prior review and approval of the Chief Financial Officer and the Authority. (Sec. 149) District of Columbia Adoption Improvement Act of 1998 - Requires the District of Columbia Child and Family Services (Family Services) to: (1) report to the Congress the number of children in the custody of the District who are legally free for adoption; (2) establish a database listing and tracking any child who is in the custody of the District with the goal of adoption or legally free for adoption; and (3) enter into contracts with private service providers to perform some of the adoption recruitment and placement functions of Family Services including recruitment, homestudy, and placements. Subjects the contracts to the competitive bidding process and an outcomes based out-sourcing and requires the contracts to compensate the winning bidder solely upon completion of a service. Outlines criteria for completion of a service. Sets forth provisions regarding: (1) removal of barriers to such adoptions; and (2) prohibition against a child being exclusively assigned to a specific private service provider or otherwise embargoed. Provides that Family Services shall retain the custody of any child on whose behalf a private service provider performs recruitment and placement functions pursuant to this Act. (Sec. 150) Amends the Revitalization and Self-Government Improvement Act of 1997 to revise the duties of the Director of the District of Columbia Offender, Supervision, Defender, and Courts Services Agency to include carrying out all functions which have been carried out by the Social Services Division of the Superior Court relating to supervision of adults subject to protection orders or provision of services for or related to such persons. Amends the District of Columbia Code to: (1) give the Director of Social Services in the Superior Court charge over all juvenile social services for the Court; (2) bar the Director from jurisdiction over any adult under supervision; (3) coordinate with and utilize, to the maximum extent feasible, the services of the Agency; and (4) conduct studies and make reports, as directed by the Executive Officer of the Superior Court, relating to the utilization of juvenile social services as an adjunct to such Court. (Sec. 151) Permits the Authority to employ a Chief Management Officer (CMO) of the District to be appointed by the Chair with the consent of the Authority. Requires the CMO to assist the Authority in the fulfillment of the Authority's responsibilities under the District of Columbia Management Reform Act of 1997 to improve the effectiveness and efficiency of the District government. Validates the employment agreement entered into as of January 15, 1998, between the CMO and the Authority. (Sec. 152) Requires the salaries of the Chief Financial Officer and the Inspector General of the District to be paid at an annual rate determined by the Authority (currently, the Mayor) sufficient in the judgment of the Authority to obtain the services of the individuals with the skills and experience required to discharge the duties of such offices. (Sec. 154) Increases from three to five the number of consecutive fiscal years in which the Inspector General is allowed to enter into a contract with the same auditor who is not an officer or employee of the Inspector's Office to audit the complete financial statement and report on the activities of the District government for a fiscal year. (Sec. 155) Prohibits funds provided under this Act or provided under previous appropriations Acts to the agencies funded by this Act, both Federal and District government agencies, that remain available for obligation or expenditure in FY 1999, or provided from Treasury accounts derived by the collection of fees available to the agencies funded by this Act, from being available for obligation or expenditure for an agency through a reprogramming of funds which: (1) creates new programs; (2) eliminates a program project or activity; (3) establishes or changes allocations specifically denied, limited, or increased by the Congress in the Act; (4) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted; (5) reestablishes through reprogramming any program or project previously deferred through reprogramming; (6) augments existing programs, projects, or activities through a reprogramming of funds in excess of $1 million or 20 percent, whichever is more; or (7) increases by 20 percent or more personnel assigned to a specific program, project, or activity, unless the Appropriations Committees of both the Senate and the House of Representatives are notified in writing 15 days in advance of such reprogramming of funds. (Sec. 156) Requires funds allocated to management reform by the Authority in the District of Columbia Appropriations Act, 1998 under deficit reduction and revitalization (contained in the Authority's notification of June 24, 1998) to remain available for management reform until September 30, 1999. (Sec. 157) Requires the Authority's Executive Director to be paid at an annual rate determined by the Authority sufficient in the judgment of the Authority to obtain the services of an individual with the skills and experience required to discharge the duties of the office.

Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1999

United States · United States Congress · 20 July 1998

TABLE OF CONTENTS: Title I: Department of Labor Title II: Department of Health and Human Services Title III: Department of Education Title IV: Related Agencies Title V: General Provisions Title VI: Child Protection Act of 1998 Title VII: Miscellaneous Provisions Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1999 - Title I: Department of Labor - Department of Labor Appropriations Act, 1999 - Makes appropriations for FY 1999 to the Department of Labor for: (1) training and employment services; (2) community service employment for older Americans; (3) Federal unemployment benefits and allowances; (4) State unemployment insurance and employment service operations; (5) advances to the Unemployment Trust Fund and other trust funds; (6) employment and training program administration; (7) the Pension and Welfare Benefits Administration and the Pension Benefit Guaranty Corporation; (8) the Employment Standards Administration; (9) certain special benefits; (10) the Black Lung Disability Trust Fund; (11) the Occupational Safety and Health Administration; (12) the Mine Safety and Health Administration; (13) the Bureau of Labor Statistics; (14) departmental management; (15) the Assistant Secretary for Veterans Employment and Training; and (16) the Office of Inspector General. Sets forth authorized uses of, and limitations on, funds appropriated under this title. Title II: Department of Health and Human Services - Department of Health and Human Services Appropriations Act, 1999 - Makes appropriations for FY 1999 to the Department of Health and Human Services (HHS) for: (1) the Health Resources and Services Administration; (2) the Medical Facilities Guarantee and Loan Fund for Federal interest subsidies for medical facilities; (3) health education assistance loans; (4) the Vaccine Injury Compensation Program Trust Fund; (5) Centers for Disease Control and Prevention; (6) the National Institutes of Health (NIH), including amounts for the John E. Fogarty International Center, the National Library of Medicine, the Office of the Director, and buildings and facilities; (7) the Substance Abuse and Mental Health Services Administration; (8) retirement pay and medical benefits for Public Health Service commissioned officers; (9) the Agency for Health Care Policy and Research; (10) the Health Care Financing Administration for grants to States for Medicaid, payments to health care trust funds, program management, and the Health Maintenance Organization Loan and Loan Guarantee Fund; (11) the Administration for Children and Families for family support payments to States; (12) low income home energy assistance; (13) refugee and entrant assistance; (14) the child care and development block grant; (15) the social services block grant; (16) children and families services programs; (17) family preservation and support; (18) payments to States for foster care and adoption assistance; (19) the Administration on Aging; (20) the Office of the Secretary for general departmental management; (21) the Office of Inspector General; (22) the Office for Civil Rights; and (23) policy research. Sets forth authorized uses of, and limitations on, funds appropriated under this title. (Sec. 202) Directs the Secretary of HHS to make available through assignment not more than 60 employees of the Public Health Service to assist in child survival activities and to work in AIDS programs through and with funds provided by the Agency for International Development, the United Nations International Children's Emergency Fund or the World Health Organization. (Sec. 211) Prohibits funds appropriated in this Act from being made available under title X (population research and voluntary family planning) of the Public Health Service Act (PHSA), unless the award applicant certifies to the Secretary that it encourages family participation in the decision of minors to seek family planning services, and provides counseling to minors on resisting attempts to coerce them into engaging in sexual activities. (Sec. 216) Names the Consolidated Laboratory Building (Building 50) at NIH the Louis Stokes Laboratories. (Sec. 217) Prohibits the use of funds appropriated by this Act to carry out the Medicare+Choice program if the Secretary denies participation in such program to an otherwise eligible entity (including a Provider Sponsored Organization) because the entity informs the Secretary that it will not provide, pay for, provide coverage of, or provide referrals for abortions. (Sec. 218) Prohibits the expenditure of funds under this Act to reimburse States for Viagra (except for postsurgical treatment). Requires the availability of up to $100 million of the amount of such reduction in budget authority and outlays to enhance mental health services for children with emotional and behavioral disorders who are at risk of violent behavior. (Sec. 219) Prohibits the use of funds under this Act to take any administrative action against States that do not cover Viagra or any other drug or device under section 1927 of the Social Security Act for the treatment of erectile dysfunction. (Sec. 220) Declares that no provider of services under title X of the PHSA shall be exempt from any State law requiring notification or the reporting of child abuse, child molestation, sexual abuse, rape, or incest. Prohibits appropriations for carrying out title X of PHSA from being made available to any family planning project if any service provider in the project knowingly provides contraceptive drugs or devices to a minor, unless: (1) the minor is emancipated under applicable State law; (2) the minor has the written consent of a custodial parent or custodial legal guardian to receive the drugs or devices; (3) a court of competent jurisdiction has directed that the minor may receive the drugs or devices; or (4) such service provider has given actual written notice, to a custodial parent or custodial legal guardian of the minor, of the intent to provide the drugs or devices, at least five business days before providing them. Title III: Department of Education - Department of Education Appropriations Act, 1999 - Makes appropriations for FY 1999 to the Department of Education for: (1) education reform; (2) education for the disadvantaged; (3) impact aid; (4) school improvement activities; (5) Indian education; (6) bilingual and immigrant education; (7) special education; (8) rehabilitation services and disability research; (9) special institutions for persons with disabilities, including the American Printing House for the Deaf, the National Technical Institute for the Deaf, the Kendall Demonstration Elementary School, the Model Secondary School for the Deaf, and Gallaudet University; (10) vocational and adult education; (11) student financial assistance; (12) the Federal Family Education Loan (FFEL) program account; (13) higher education; (14) Howard University; (15) the college housing and academic facilities loans program; (16) the historically Black college and university capital financing program account; (17) education research, statistics, and improvement; (18) departmental management; (19) the Office for Civil Rights; and (20) the Office of the Inspector General. Sets forth authorized uses of, and limitations on, funds appropriated under this title. (Sec. 301) Prohibits funds appropriated in this Act from being used to: (1) transport teachers or students in order to overcome racial imbalance in any school or to carry out a racial desegregation plan; or (2) prevent the implementation of programs of voluntary prayer and meditation in public schools. (Sec. 305) Amends the General Education Provisions Act to bar the use of funds provided to the Department of Education or to an applicable program in any Act in FY 1999 to field or pilot test, implement, administer, or distribute national tests. Makes such prohibition inapplicable to the International Math and Science Study or the National Assessment of Educational Progress (NAEP). (Sec. 306) Amends the Higher Education Act of 1965 to allow certain institutions of higher education to use specified funds for endowment building purposes. (Sec. 307) Prohibits use of funds under this Act to enforce certain annual compliance audit requirements of the guaranteed student loan program under the Higher Education Act of 1965 (HEA) against those lenders with guaranteed student loan portfolios that do not exceed $5 million. (Sec. 308) Allows States and local educational agencies to use specified funds for innovative programs. (Sec. 309) Amends the Individuals with Disabilities Education Act (IDEA) to revise requirements relating to: (1) child placements in alternative educational settings; and (2) the Secretary's reducing or withholding payments to States. (Sec. 311) Amends the Elementary and Secondary Education Act of 1965 to revise requirements for applications and priorities in funding bilingual education and special alternative instructional programs. Sets at two years the maximum period for a student to be in such a program, with specified exceptions involving comprehensive evaluations and a maximum of four years. Directs the Secretary of Education to report annually to specified congressional committees: (1) identifying the ten percent of funding recipients that have been the least successful in assisting students in attaining English proficiency by the end of their second academic year of enrollment in a bilingual education program or special alternative instructional program; and (2) explaining if and why funding will be continued for such a program. Title IV: Related Agencies - Makes appropriations for FY 1999 to the: (1) Armed Forces Retirement Home; (2) Corporation for National and Community Service; (3) Corporation for Public Broadcasting; (4) Federal Mediation and Conciliation Service; (5) Federal Mine Safety and Health Review Commission; (6) Institute of Museum and Library Services; (7) Medicare Payment Advisory Commission; (8) National Commission on Libraries and Information Science; (9) National Council on Disability; (10) National Education Goals Panel; (11) National Labor Relations Board; (12) National Mediation Board; (13) Occupational Safety and Health Review Commission; (14) Railroad Retirement Board for the dual benefits payments account, Federal payments to the railroad retirement accounts, administration, and the Office of Inspector General; (15) Social Security Administration for payments to the social security trust funds, special benefits for disabled coal miners, the Supplemental Security Income (SSI) Program, administrative expenses, and the Office of Inspector General; and (16) U.S. Institute of Peace. Title V: General Provisions - Sets forth authorized uses of, and limitations on, funds appropriated under this Act. (Sec. 506) Sets forth Buy American requirements. (Sec. 509) Prohibits funds appropriated under this Act from being expended for abortions or for health benefits coverage that includes coverage of abortion, except in cases where the pregnancy is the result of rape or incest or where a woman suffers from a physical condition that would, as certified by a physician, place her in danger of death unless an abortion is performed. (Sec. 511) Prohibits the use of funds made available in this Act for: (1) the creation of a human embryo for research purposes; or (2) research in which a human embryo is destroyed or knowingly subjected to risk of injury or death greater than that allowed for research on fetuses in utero under Federal regulations and the Public Health Service Act. (Sec. 512) Prohibits the use of funds made available in this Act for activities to promote the legalization of a controlled substance unless there is significant medical evidence of a therapeutic advantage to the use of such substance or that federally-sponsored trials are being conducted to determine such advantage. (Sec. 514) Bars the use of funds made available in this Act to pay the expenses of an election officer appointed by a court to oversee an election of any officer or trustee for the International Brotherhood of Teamsters. (Sec. 516) Amends the National Labor Relations Act to direct the National Labor Relations Board to assert jurisdiction over any labor dispute involving any class or category of employers over which it would assert jurisdiction under the standards prevailing on August 1, 1959, with specified inflation adjustments to financial threshold amounts. Title VI: Child Protection Act of 1998 - Child Protection Act of 1998 - Requires any elementary or secondary school or public library that has received any Federal funds for acquisition or operation of any computer accessible to minors that has access to the Internet to: (1) install software on that computer that is adequately designed to prevent minors from obtaining access to any obscene information using that computer; and (2) ensure that such software is operational whenever that computer is used by minors, except that such software's operation may be temporarily interrupted to permit a minor to have access to information that is not obscene or otherwise unprotected by the Constitution under the direct supervision of an adult designated by such school or library. (Sec. 602) Authorizes Federal agency heads, if they have reason to believe that any recipient of funds failing to comply substantially with such requirements, to: (1) withhold further payments under that program or activity; (2) issue a complaint to compel compliance through a cease and desist order; or (3) enter into a compliance agreement with a recipient. Title VII: Miscellaneous Provisions - Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Social Security Act to establish standards relating to access to routine and preventive obstetrical and gynecological services under group health plans, group and individual health insurance coverage, Medicare, and Medicaid. (Sec. 702) Amends the Federal Cigarette Labeling and Advertising Act to require cigarette labels and advertising to include the Surgeon General's warning that African Americans suffer the highest death rates from several diseases caused by smoking.

Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1999

United States · United States Congress · 20 July 1998

TABLE OF CONTENTS: Title I: Department of Justice Title II: Department of Commerce and Related Agencies Title III: The Judiciary Title IV: Department of State and Related Agencies Title V: Related Agencies Title VI: General Provisions Title VII: Rescissions Title VIII: Citizens Protection Subtitle A: Ethical Standards for Federal Prosecutors Subtitle B: Punishable Conduct Departments of Commerce, Justice, and State, and Judiciary, and Related Agencies Appropriations Act, 1999 - Makes appropriations for FY 1999 for the Departments of Commerce, Justice, and State, the judiciary, and related agencies. Title I: Department of Justice - Department of Justice Appropriations Act, 1999 - Makes appropriations for the Department of Justice for: (1) general administration; (2) counterterrorism activities; (3) administration of pardon and clemency petitions and immigration-related activities; (4) the Office of Inspector General; (5) the U.S. Parole Commission; (6) legal activities; (7) antitrust activities; (8) the Offices of U.S. Attorneys; (9) the U.S. Trustee Program; (10) the Foreign Claims Settlement Commission; (11) the U.S. Marshals Service, including an amount for expenses related to prisoners in the custody of the Marshals Service; (12) fees and expenses of witnesses; (13) the Community Relations Service; (14) certain uses of the Assets Forfeiture Fund; (15) administrative expenses related to the Radiation Exposure Compensation Act; (16) interagency law enforcement with respect to organized crime drug trafficking; (17) the Federal Bureau of Investigation; (18) construction for specified agencies; (19) the Drug Enforcement Administration; (20) the Immigration and Naturalization Service, including an amount for violent crime reduction programs; (21) the Federal prison system, including amounts for buildings and facilities; (22) the Office of Justice programs; (23) State and local law enforcement assistance, including amounts for violent crime reduction programs; (24) the Executive Office for Weed and Seed; (25) community-oriented policing services for violent crime reduction; (26) juvenile justice programs; and (27) public safety officers' benefits. Sets forth authorized uses of, and limitations on, such funds. Establishes a Justice Prisoner and Alien Transportation System Fund for the payment of expenses related to the scheduling and transportation of U.S. prisoners and illegal and criminal aliens in the custody of the U.S. Marshals Service. (Sec. 103) Prohibits the use of funds appropriated by this title to: (1) pay for abortions except where the life of the mother would be endangered if the fetus were carried to term, or in the case of rape; or (2) require any person to perform or facilitate an abortion. (Sec. 109) Amends the Federal judicial code to extend the authority of the Attorney General to transfer real or personal property of limited value to State or local government agencies to support drug abuse treatment, drug and crime prevention and education, housing, job skills, and other community-based public health and safety programs during FY 1999. Title II: Department of Commerce and Related Agencies - Department of Commerce and Related Agencies Appropriations Act, 1999 - Makes appropriations for the Department of Commerce for: (1) the Office of the U.S. Trade Representative; (2) the International Trade Commission; (3) international trade administration; (4) export administration and national security activities; (5) the Economic Development Administration; (6) minority business development; (7) economic and statistical analysis programs; (8) the Census Bureau; (9) the National Telecommunications and Information Administration; (10) public telecommunications facilities, planning, and construction grants; (11) information infrastructure grants; (12) the Patent and Trademark Office; (13) the Under Secretary for Technology-Office of Technology Policy; (14) the National Institute of Standards and Technology, including the Manufacturing Extension Partnership and for construction and renovation of facilities; (15) the National Oceanic and Atmospheric Administration (NOAA), including amounts for procurement, acquisition, and construction of capital assets; (16) the Coastal Zone Management Fund; (17) the Fishermen's Contingency Fund; (18) the Foreign Fishing Observer Fund; (19) the fisheries finance program account; (20) general administration; and (21) the Office of Inspector General. Rescinds specified amounts of funds for Patent and Trademark Office salaries and expenses and NOAA procurement, acquisition, and construction. Sets forth authorized uses of, and limitations on, such funds. (Sec. 210) Amends the Magnuson-Stevens Fishery Conservation and Management Act to grant the States of Alabama, Louisiana, and Mississippi exclusive fishery management authority over all fish in the Gulf of Mexico within nine miles of the coast of each such State. Title III: The Judiciary - Judiciary Appropriations Act, 1999 - Makes appropriations for: (1) the Supreme Court, including an amount for care of the building and grounds; (2) the U.S. Court of Appeals for the Federal Circuit; (3) the U.S. Court of International Trade; (4) the courts of appeals, district courts, and other judicial services; (5) violent crime reduction programs; (6) defender services; (7) fees of jurors and commissioners; (8) court security; (9) the Administrative Office of the U.S. Courts; (10) the Federal Judicial Center; (11) judicial retirement funds; and (12) the U.S. Sentencing Commission. Sets forth authorized uses of, and limitations on, such funds. Title IV: Department of State and Related Agencies - Department of State and Related Agencies Appropriations Act, 1999 - Makes appropriations for the Department of State for: (1) administration of foreign affairs, diplomatic and consular programs; (2) salaries and expenses; (3) the Capital Investment Fund; (4) the Office of Inspector General; (5) representation allowances; (6) protection of foreign missions and officials; (7) security and maintenance of U.S. missions; (8) emergencies in the diplomatic and consular service; (9) the repatriation loans program account; (10) the American Institute in Taiwan; (11) the Foreign Service Retirement and Disability Fund; (12) international organizations, conferences, peacekeeping, and commissions, including an amount for arrearage payments to the United Nations, subject to conditions; (13) the Asia Foundation; and (14) the Arms Control and Disarmament Agency. Appropriates funds for the U.S. Information Agency (USIA) for: (1) international information programs; (2) educational and cultural exchanges; (3) the Eisenhower Exchange Fellowships, Incorporated; (4) the Israeli Arab Scholarship Program; (5) international broadcasting, including broadcasting to Cuba; (6) radio construction; and (7) the National Endowment for Democracy. Sets forth authorized uses of, and limitations on, funds appropriated under this title. (Sec. 403) Provides for border equalization adjustments for certain State Department, USIA, Agency for International Development, and International Joint Commission employees who commute from a residence in the United States to an official duty station in Canada or Mexico. (Sec. 404) Redesignates: (1) the Japan-United States Friendship Commission as the United States-Japan Commission; and (2) the Japan-United States Friendship Trust Fund as the United States-Japan Trust Fund. (Sec. 406) Amends the International Organizations Immunities Act to extend privileges and immunities under such Act to the United Nations Industrial Development Organization in the same manner as such privileges and immunities are extended to a public international organization in which the United States participates. (Sec. 407) Amends Federal civil service provisions to make certain special agents of the Diplomatic Security Service eligible for availability premium pay for criminal investigators. Title V: Related Agencies - Makes appropriations for the: (1) Maritime Administration for maritime security, operations and training, and the maritime guaranteed loan program; (2) Commission for the Preservation of America's Heritage Abroad; (3) Commission on Civil Rights; (4) Commission on Security and Cooperation in Europe; (5) Equal Employment Opportunity Commission (EEOC); (6) Federal Communications Commission; (7) Federal Maritime Commission; (8) Federal Trade Commission; (9) Legal Services Corporation; (10) Marine Mammal Commission; (11) Securities and Exchange Commission; (12) Small Business Administration, including amounts for the Office of Inspector General, business and disaster loans, and capital for the Surety Bond Guarantees Revolving Fund; and (13) State Justice Institute. Sets forth authorized uses of, and limitations on, such funds. Title VI: General Provisions - Sets forth limitations on the use of funds under this Act. (Sec. 607) Sets forth Buy American provisions. (Sec. 608) Prohibits the use of funds made available in this Act to enforce any EEOC guidelines covering harassment based on religion if such guidelines do not differ from proposed guidelines of October 1, 1993. (Sec. 609) Prohibits funds appropriated by this Act from being expended to pay for costs incurred in operating certain diplomatic or consular posts in Vietnam or increasing the number of personnel assigned to such posts unless the President certifies that the Vietnamese Government is cooperating in specified activities regarding resolution of sightings of, and accounting for, prisoners-of-war and individuals missing in action, recovery and analysis of American remains, and investigations in Laos. (Sec. 610) Prohibits the use of funds made available by this Act for any United Nations undertaking if: (1) such undertaking is a peacekeeping mission and will involve U.S. armed forces under the command of a foreign national; and (2) the President's military advisors have not submitted a recommendation that such involvement is in the national security interest and the President has not submitted such recommendation to the Congress. (Sec. 611) Prohibits the use of funds made available in this Act to provide specified personal comforts in the Federal prison system. (Sec. 616) Bars the use of funds made available in this Act to issue or renew a fishing permit or authorization for any U.S. vessel exceeding certain limitations on length or tonnage and horsepower: (1) as specified in the permit application and authorization required to engage in fishing for Atlantic mackerel or herring under the Magnuson-Stevens Fishery Conservation and Management Act; or (2) that would allow such vessel to engage in the catching or harvesting of fish in any other fishery within the U.S. exclusive economic zone (except territories), unless a certificate of documentation had been issued for the vessel and endorsed with a fishery endorsement that was effective on September 25, 1997. Invalidates any permit or authorization issued or renewed prior to this Act's enactment date that would allow a vessel subject to such prohibition to engage in fishing for Atlantic mackerel or herring during FY 1999. Prohibits the use of funds made available in this Act to allow a vessel with such invalidated permit or authorization to engage in the catching or harvesting of fish in any other fishery within the U.S. exclusive economic zone. (Sec. 617) Makes funds provided by this Act unavailable to promote the sale or export of tobacco or tobacco products or to seek the reduction or removal by any foreign country of restrictions on the marketing of such products, except for restrictions which are not applied equally to all products of the same type. (Sec. 618) Prohibits the use of funds made available in this Act to pay the expenses of an election officer appointed by a court to oversee an election of any officer or trustee for the International Brotherhood of Teamsters. Title VII: Rescissions - Rescinds specified amounts of funds made available for the Department of Justice for: (1) the working capital fund; and (2) the U.S. Trustee System Fund. Title VIII: Citizens Protection - Citizens Protection Act of 1998 - Subtitle A: Ethical Standards for Federal Prosecutors - Subjects a Government attorney to State laws and rules, and local Federal court rules, governing attorneys in each State where such attorney engages in duties to the same extent and in the same manner as other attorneys in that State. Directs the Attorney General to make and amend rules of the Department of Justice (DOJ) to assure compliance with this subtitle. Subtitle B: Punishable Conduct - Directs the Attorney General to: (1) establish by rule that it shall be punishable conduct for any DOJ employee to seek an indictment in the absence of probable cause, to fail promptly to release information that would exonerate a person under indictment, to intentionally or knowingly misstate or alter evidence, to attempt to influence or color a witness' testimony, to act to frustrate or impede a defendant's right to discovery, to offer or provide sexual activities to any government witness or potential witness, to leak or otherwise improperly disseminate information to any person during an investigation, or to engage in conduct that discredits DOJ; and (2) establish penalties for engaging in such conduct, including probation, demotion, dismissal, referral of ethical charges to the bar, loss of pension or other retirement benefits, suspension from employment, and referral of the allegations (if appropriate) to a grand jury for possible criminal prosecution. (Sec. 822) Sets forth procedures regarding written complaints of such conduct by a DOJ employee, investigation of such complaints by the Attorney General, and imposition of appropriate penalties. (Sec. 823) Establishes an independent Misconduct Review Board to review all determinations by the Attorney General with respect to such complaints and to investigate allegations made in statements that may be submitted to it with respect to complaints for which the Attorney General has made no determination or imposed no penalty. Authorizes the Board to impose penalties established above.

Economic Development Partnership Act of 1998

United States · United States Congress · 20 July 1998

TABLE OF CONTENTS: Title I: Public Works and Economic Development Programs Subtitle A: Reauthorizations Subtitle B: Innovative Financing Pilot Programs Title II: Appalachian Regional Development Economic Development Partnership Act of 1998 - Title I: Public Works and Economic Development Programs - Subtitle A: Reauthorizations - Amends the Public Works and Economic Development Act of 1965 (the Act, for purposes of this title) to direct the Secretary of Commerce to cooperate with States and other entities to assure that Federal economic development programs are compatible with and further the objectives of State, regional, and local economic development plans and comprehensive economic development strategies. Directs the Secretary to: (1) provide appropriate technical assistance to such entities in order to alleviate economic distress, encourage partnerships for economic development strategies, and stimulate modernization and technological advances in the generation and commercialization of goods and services; and (2) issue regulations for intergovernmental review of proposed economic development projects. Authorizes the Secretary to enter into appropriate economic development agreements with two or more adjoining States. Authorizes the Secretary to make grants to eligible recipients (defined later under this Act) for acquisition or development of land improvements for public works, public service, or development facility usage, as well as the acquisition, design and engineering, construction, rehabilitation, alteration, expansion, or improvement of such facilities. Provides assistance conditions relating to the establishment of industrial or commercial plants and the increase of employment in the area. Prohibits more than 15 percent of the appropriations made for such assistance from being expended in any one State. Allows grants to be increased due to construction cost increases, with limitations. Authorizes the Secretary to make direct grants for economic development planning and related administrative expenses. Requires such planning to be a continuous process and to be prepared as part of a comprehensive economic development strategy for the area involved. Requires State certification of an economic development plan's consistency with local and economic development district plans. Provides a Federal cost-share limit of 50 percent of project costs. Authorizes the Secretary to make supplementary grants for a project for which the applicant is eligible but cannot supply the required matching share. Provides supplementary grant conditions and requirements, authorizing the Secretary to reduce or waive the required non-Federal share in such cases. Authorizes the Secretary to make direct grants for training, research, and technical assistance for alleviating or preventing conditions of excessive unemployment or underemployment. Allows such grants to include amounts for relocation assistance. Authorizes the Secretary to make direct grants for public facilities, public services, business development, planning, technical assistance, training and other assistance which demonstrably furthers the economic adjustment objectives of the Act. Allows such grant to be used in either direct expenditures by the recipient or through redistribution to other public and private entities, but prohibits any such redistribution to a private profit-making entity. Authorizes the Secretary to: (1) approve the use of grant funds for projects the scope or purpose for which changes after the grant has been made; (2) use funds for projects constructed for less than the projected costs to improve such projects; and (3) make assistance available for projects to be carried out at a military or Department of Energy installation. Prohibits any assistance under the Act which would produce unfair commercial competition. Authorizes the sale of financial instruments in revolving loan funds to further the purposes of the Act. Requires reports from grant and assistance recipients. Defines as an eligible recipient for purposes of this Act an area that: (1) has a per capita income of 80 percent or less of the national average or an unemployment rate one percent above such average; (2) has experienced or is about to experience a special need to meet an expected rise in unemployment; or (3) is determined by the Secretary to be a pocket of poverty or high unemployment within a larger community of less economic distress and that has demonstrated a resistance to economic recovery without assistance under the Act. Requires from recipients: (1) documentation of the presence of any such criteria; and (2) a comprehensive economic development strategy which identifies the economic problems to be addressed through such assistance, as well as related information. Authorizes the Secretary, in order to plan and carry out economic development projects of broader geographic significance, to designate appropriate economic development districts and economic development centers within such districts. Provides geographic, population, and other requirements with respect to each such designation. Directs the Secretary to prescribe standards for the termination of such districts and centers. Authorizes the Secretary to increase by up to ten percent of project costs the amount of grant assistance otherwise provided in the Act for projects within designated districts. Requires each designated district to provide to the Appalachian Regional Commission a copy of such district's comprehensive economic development strategy. Authorizes the Secretary to provide assistance to a district area which does not meet the requirements of an eligible recipient under the Act when such assistance will be of substantial direct benefit to a qualifying area in such district. Directs the Secretary to administer this Act with the assistance of an Assistant Secretary of Commerce for Economic Development. Directs the Secretary to establish in the Economic Development Administration (EDA) an Office of Economic Development Information to serve as a central information clearinghouse on all matters relating to economic development programs and activities of Federal and State governments, to help applicants for such assistance, and to develop electronic links or other connections to other information databases to assist such entities in identifying and applying for assistance and resources under such programs. Requires public access to Office information and data services. Requires appropriate consultation with other persons and agencies. Authorizes the Secretary to furnish procurement divisions of the Federal Government with a list of business firms located in distressed areas which desire Government supplies and services contracts. Directs the Secretary to: (1) notify specified congressional committees of any EDA reorganization of its offices, programs, or activities at least 30 days before such reorganization; (2) conduct an evaluation at least every three years of each university center and economic development district receiving assistance to assess its performance and contribution toward job retention and creation; (3) establish a Federal Coordinating Council for Economic Development to coordinate with Federal, State, and other districts and organizations its activities relating to comprehensive economic development strategies and grants; and (4) establish an Economic Development Revolving Loan Fund Task Force to review and make recommendations concerning the financial management and related standards and requirements of revolving loan funds from which financial instruments are sold in order to further the purposes of this Act. Imposes penalties upon persons who: (1) make false statements in order to obtain assistance under the Act; and (2) embezzle or commit other fraud-related crimes while connected in any capacity with the Secretary in the administration of the Act. Sets forth: (1) conflict-of-interest provisions; and (2) recordkeeping requirements for the Secretary and recipients regarding assistance under this Act. Provides that assistance under the Act shall supplement and not supplant other Federal assistance. Authorizes appropriations for FY 1999 through 2003. Authorizes additional appropriations for administrative expenses and defense conversion activities. Subtitle B: Innovative Financing Pilot Programs - Authorizes the Secretary to guarantee a loan made by a private lending institution to a State, political subdivision, Indian tribe, or organization or association for any purpose for which the Secretary can make a direct grant under title I of this Act. Provides funding. (Sec. 122) Directs the Secretary, acting through the Under Secretary of Commerce for Economic Development, to carry out a program to demonstrate the effectiveness of encouraging economic development by making grants for reducing interest rates on loans for economic development activities. Outlines grant requirements, terms, and conditions. (Sec. 123) Directs the Secretary to convey to the city of Two Harbors, Minnesota, the J and J Casting Site in Lake County, Minnesota, together with a road easement. (Sec. 124) Directs the Secretary, by September 30 of each of FY 1999 through 2003, to report to the Congress an evaluation of the effectiveness of the loan guarantees and grants under this Subtitle. (Sec. 125) Prohibits funds made available under this Act from being expended in violation of the Buy American Act. Title II: Appalachian Regional Development - Amends the Appalachian Regional Development Act of 1965 (the Act, for purposes of this title) to: (1) require the Appalachian Regional Commission (ARC) to meet at least once a year and allow the ARC to conduct additional meetings by electronic means as considered advisable; (2) require the ARC to obtain a quorum of State members before reaching certain decisions; (3) extend permanently the authorization of appropriations for ARC administrative expenses; (4) revise compensation levels for ARC employees; (5) extend ARC administrative authority through FY 2003; and (6) reduce from 100 to 50 percent of program costs the Federal cost-sharing requirement with respect to demonstration health projects in the Appalachian region under this Act, with an exception of 80 percent of such costs for counties designated as distressed. (Sec. 208) Repeals the following programs and provisions under the Act: (1) the land stabilization, conservation, and erosion control program; (2) the timber development program; (3) the mining area restoration program; (4) the water resource development and utilization survey; (5) the Appalachian airport safety improvements program; (6) the sewage treatment works program; and (7) amendments to the Housing Act of 1954. (Sec. 214) Reduces from 100 to 50 percent of program costs the Federal cost-sharing requirement with respect to Appalachian vocational education and education demonstration projects, with an exception of 80 percent of such costs for counties designated as distressed. Makes an identical reduction with respect to Federal costs for Federal grant-in-aid programs in the Appalachian region. (Sec. 218) Adds specified criteria and measurements to be considered when determining programs and projects to be given assistance under the Act. (Sec. 219) Directs the ARC to designate as: (1) distressed counties those counties that are the most severely and persistently distressed; (2) competitive counties those counties which are approaching economic parity with the rest of the country; and (3) attainment counties those counties which have attained or exceeded such economic parity. Requires the ARC to give special consideration to counties designated as distressed. Limits to 30 percent of project costs the authorized assistance for a county designated as competitive and prohibits assistance for a county designated as attainment. Provides exceptions and an authorized waiver by the ARC. (Sec. 220) Empowers the ARC (currently, the President) to make grants for administrative expenses and ARC research and development projects under the Act. Reduces from 75 to 50 percent of program costs the Federal share of such projects, with an exception of 80 percent for counties designated as distressed. Repeals provisions concerning such projects which: (1) require certain ARC studies and reports; (2) authorize appropriations through June 30, 1969; and (3) ensure public availability of all information obtained from such projects. (Sec. 221) Extends through FY 2003 the authorization of appropriations and termination date under the Act.

National Youth Crime Prevention Demonstration Act

United States · United States Congress · 17 July 1998

National Youth Crime Prevention Demonstration Act - Directs the Attorney General to make a five-year national youth crime prevention demonstration project grant to the National Center for Neighborhood Enterprise, a not-for-profit organization incorporated in the District of Columbia. (Sec. 3) Authorizes the Center to award grants to grassroots organizations to develop youth intervention models in the following cities: (1) Washington, D.C.; (2) Detroit, Michigan; (3) Hartford, Connecticut; (4) Indianapolis, Indiana; (5) Chicago (and surrounding metropolitan area), Illinois; (6) San Antonio, Texas; (7) Dallas, Texas; and (8) Los Angeles, California. (Sec. 4) Requires eligible grassroots entities to: (1) be not-for-profit community organizations with demonstrated effectiveness in mediating and addressing youth violence by empowering at-risk youth to become agents of peace and community restoration; and (2) submit grant applications to the Center to fund intervention models that establish violence-free zones. Requires the Center to consider the grassroots entity's: (1) track record (and that of its key participating individuals) in youth group mediation and crime prevention; (2) engagement and participation with other local organizations; and (3) ability to enter into partnerships with local housing authorities, law enforcement agencies, and other public entities. (Sec. 5) Authorizes use of grant funds for youth mediation, youth mentoring, life skills training, job creation and entrepreneurship, organizational development and training, development of long-term intervention plans, collaboration with law enforcement, comprehensive support services and local agency partnerships, and activities to further community objectives in reducing youth crime and violence. Directs the Center to identify local lead grassroots entities in each designated city which include: (1) the Alliance of Concerned Men of Washington in the District of Columbia; (2) the Hartford Youth Peace Initiative in Hartford, Connecticut; (3) the Family Help-Line in Los Angeles, California; (4) the Victory Fellowship in San Antonio, Texas; and (5) similar grassroots entities in other designated cities. Requires the Center, in cooperation with the Attorney General, to provide technical assistance for startup projects in other cities. (Sec. 6) Directs the Center to evaluate the effectiveness of grassroots agencies and other public entities involved in such demonstration project and to report to the Attorney General. (Sec. 8) Authorizes appropriations.

Government Waste, Fraud, and Error Reduction Act of 1998

United States · United States Congress · 16 July 1998

TABLE OF CONTENTS: Title I: General Management Improvements Title II: Improving Federal Debt Collection Practices Title III: Sale of Debts Owed to United States Title IV: Treatment of High Value Debts Title V: Federal Payments Title VI: Federal Benefit Verification and Integrity Tests Subtitle A: Notification of Federal Benefit Recipients Regarding Data Verification Subtitle B: Federal Benefit Program Management Improvement Tests Government Waste, Fraud, and Error Reduction Act of 1998 - Title I: General Management Improvements - Amends requirements regarding certain Federal agencies' (executive departments as well as the Environmental Protection Agency and the National Aeronautics and Space Administration) audited financial statements, including to: (1) extend the deadline for the preparation and submission of the first of such statements; and (2) provide for submission of such statements to the Congress and the Director of the Office of Management and Budget (Director). (Currently, such statements are to be submitted to the Director.) Allows the head of an executive agency, subject to an agreement between the agency head and the applicable financial institution, to accept an electronic payment to satisfy a debt owed to the agency. (Sec. 102) Directs the Administrator of General Services to ensure that employees of executive agencies are not inappropriately charged State and local taxes on travel expenses. Requires the Administrator to report to the Congress on the steps taken and proposed to be taken to carry out such requirement. Excludes lodging provided under Federal travel and subsistence expense provisions from an exception which prohibits agency heads from requiring employees or members of the uniformed services to occupy quarters on a rental basis. Directs each head of an executive agency to require, with respect to travel by agency employees in the performance of their duties, the use by such employees of travel management centers, authorized travel agents and electronic reservation and payment systems for the purpose of improving efficiency and economy regarding travel by agency employees. Requires the Administrator to develop a plan regarding implementation of this requirement and to report to the Congress on such plan and the means by which such agency heads plan to ensure that employees use travel management centers, travel agents, and electronic reservation and payment systems. Title II: Improving Federal Debt Collection Practices - Makes technical amendments to financial management provisions relating to claims of the U.S. Government, including those that permit a State to collect by administrative offset certain payments under the Social Security Act, Black Lung Benefits Act, or railroad retirement laws for past due child support being enforced by a State. Prohibits the amounts received by a person for performing certain collection services for the Federal Government from being limited by State law. Sets forth provisions relating to the collection by private collection contractors of any debt owed to the United States, including to prohibit a private collection contractor, in attempting to collect any such debt, from being precluded from verifying the debtor's current employer, the location of the payroll office of the debtor's employer, the period the debtor has been employed by the current employer, and the compensation received by the debtor from such employer. Requires collection contracts to include conditions under which contractors are: (1) subject to penalties for failures to comply with applicable law or unreasonable or abusive collection practices; or (2) absolved from liability for damages or attorney's fees in certain cases. (Sec. 202) Bars certain delinquent Federal debtors from being eligible for the award or renewal of any: (1) Federal financial assistance in the form of a loan (other than a disaster loan), loan insurance, or guarantee; or (2) Federal permit or license. (Sec. 203) Authorizes the Secretary of the Treasury, at a State's request, to refer a child support debt or claim administered by the State to a private collection contractor. Prohibits an executive, judicial, or legislative agency head from terminating collection action on a debt unless it has been referred to a private collection contractor or a debt collection center for a period to be determined by the Secretary. Permits the Secretary, at an agency's request, to waive the application of such requirement with respect to any debt, or class of debts, if the waiver is in the best interest of the United States. Title III: Sale of Debts Owed to United States - Allows an executive, judicial, or legislative agency head to sell, using competitive procedures, any nontax debt owed to the United States that is administered by the agency. Specifies that such sales: (1) shall be for cash or cash and a residuary equity, joint venture, or profit participation, if the proceeds will be greater than the proceeds from a sale solely for cash; (2) shall be without recourse against the United States, but may include the use of guarantees if authorized by law; and (3) shall transfer to the purchaser all U.S. rights to demand payment of the debt, other than with respect to a residuary equity, joint venture, or profit participation. (Sec. 302) Sets forth requirements for the sale of certain: (1) delinquent nontax debts; (2) loans; and (3) nontax debts or class of debts after termination of collection action. Title IV: Treatment of High Value Nontax Debts - Requires each agency head that administers a program that gives rise to a delinquent high value nontax debt (a nontax debt having an outstanding value that exceeds $1 million) to submit an annual report to the Congress that lists each such debt. (Sec. 402) Bars delinquent Federal debtors having an outstanding high value nontax debt with any Federal agency from obtaining any Federal financial assistance in the form of a loan (other than a disaster loan) or loan insurance or guarantee. Permits such a Federal debtor to obtain additional loans or loan guarantees only after such delinquency is resolved. (Sec. 403) Directs the Inspector General of each agency to: (1) report to the Congress and the agency head on each compromise, default, or final resolution in bankruptcy of a high value nontax debt arising out of the activities of, or referred to, the agency; and (2) rate the performance of the agency head in seeking to collect the debt, and recommend any changes in the agency's debt collection practices to reduce the aggregate amount of high value nontax debts that are resolved finally by compromise, default, or bankruptcy to less than one percent of the aggregate amount of all high value nontax debts. (Sec. 404) Requires an agency head authorized to collect a delinquent high value nontax debt to promptly seek seizure and forfeiture of assets pledged to the United States in any transaction giving rise to the nontax debt. Title V: Federal Payments - Transfers from the Director to the Secretary responsibility for the prompt payment of proper invoices by Federal agencies. (Sec. 502) Includes within requirements of the Secretary's regulations regarding Federal payments that: (1) a required payment date may be waived to provide for early payment in cases where an agency will implement an electronic payment technology which improves agency cash management and business practice; and (2) a vendor is required to pay interest to the United States on unearned amounts in its possession. Title VI: Federal Benefit Verification and Integrity Tests - Federal Benefit Verification and Integrity Act - Subtitle A: Notification of Federal Benefit Recipients Regarding Data Verification - Requires an agency that administers a Federal benefit payment program to provide notice informing applicants, in information material and instructions accompanying program application forms, that their data may be verified. Permits an agency to comply with the preceding requirement by modifying program materials and applications to include such notice as part of their normal reissuance cycle for reprinting forms, but in no case later than December 31, 2000. Requires the head of each such agency to maintain a record of each applicant's acknowledgement that he or she has received notice of the uses and disclosures to be made of his or her information, for as long as he or she receives benefits from or owes a debt to the Government under the program. Subtitle B: Federal Benefit Program Management Improvement Tests - Permits a Federal agency that administers a Federal benefit program to conduct a test of information technology practices or techniques for improving income verification, debt collection, data privacy and integrity protection, and identification authentication in the administration of the program, in accordance with a proposal approved by a Federal Benefit Verification and Payment Integrity Board. Requires the Director and the Chief Information Officers' Council to each recommend to the Board various information technology practices and techniques that should be tested. Permits the head of an agency to develop and submit to the Board a proposal for carrying out a test for a specific Federal benefit program administered by the agency. Specifies that the proposal contain specific goals, including a schedule, for improving customer service and error reduction in the program and other information requested by the Board. Requires such proposal to provide for the testing of information sharing in an integrated manner where feasible of electronic practices and techniques for improving Federal benefit program management. Requires any agency whose proposals would require access to another agency's database to consult with that agency prior to submission of the proposal to the Board. States that a proposal submitted to the Board: (1) must contain a description of administrative, technical, and physical safeguards to ensure the security and confidentiality of records and to protect against any anticipated threats or hazards to their security or integrity which could result in substantial harm, embarrassment, inconvenience, or unfairness to any individual on whom information is maintained; (2) include, in particular, prohibitions on duplication and redisclosure of records provided by the source agency within or outside the recipient entity, except where required by law or essential to the conduct of the test; and (3) include an estimate for reimbursement that may be charged by a Federal agency to another agency in conducting tests under the proposal. Requires the Board to review and recommend disposition of the proposal to the heads of the data sharing agencies under the proposal. Permits the head of an agency participating in a test to enter into a cooperative agreement with a State or contract with a private entity under which the State or such entity may provide services on behalf of the Federal agency in carrying out the test. Requires the Board to: (1) prepare a plan for implementation, including for the coordination of the conduct of tests and the procedures for submission of proposals for those tests; and (2) submit annually to the Congress a report on the tests conducted. Permits the Board to request a Federal agency head that administers a Federal benefit program to conduct a test, including the submission of a proposal for such a test and provides for the agency head to respond within 30 days by approving or disapproving such a request of the Board. (Sec. 622) Allows the Secretary of Health and Human Services (HHS) to disclose information to another Federal agency from the National Directory of New Hires based on matches conducted by HHS for purposes of conducting a test under this Act. Authorizes an agency head to whom information is disclosed to: (1) disclose the information to another Federal agency for use by the agency only as specified under a test proposal under this Act; and (2) disclose such information to a State agency administering a federally funded benefit program, a public housing authority, or a guaranty agency (as defined in the Higher Education Act of 1965) only for the purpose of conducting the test. Disallows an entity that receives information for use in a test under this Act that it was not otherwise authorized by law to obtain from redisclosing the information or using it for any other purpose. (Sec. 623) Amends the Privacy Act of 1974 to: (1) increase certain criminal penalties under such Act; and (2) permit a court, in a civil suit in which it determines that an agency acted in a manner that was willful and intentional, to award punitive damages in addition to damages and costs required under current law. (Sec. 624) Establishes the Federal Benefit Verification and Payment Integrity Board. Provides for the Board to periodically report to the Director regarding its activities. (Sec. 625) Requires, if the Board determines that any information technology practice, technique, or information sharing initiative tested was successfully demonstrated in the test and should be implemented in the administration of a Federal benefit program, to: (1) recommend regulations or legislation to implement that practice, technique, or initiative, if that implementation is not prohibited under another law; or (2) include in its annual report to the Congress recommendations for such legislation as may be necessary to authorize that implementation.

Section 8 Housing Improvement Act

United States · United States Congress · 15 July 1998

Section 8 Housing Improvement Act - Amends the United States Housing Act of 1937 to authorize a public housing agency to limit the number of section 8 assisted rental families in its jurisdiction if the agency determines such restriction is necessary to preserve an area's property values, safety, or unique character. Requires each agency to establish and maintain a neighborhood review committee which shall: (1) be made up of between three and six agency-area residents, of whom at least three must not be receiving housing assistance other than mortgage assistance; and (2) obtain and review references and certain enforcement-related information respecting assisted families and landlords. Sets forth section 8 housing quality standards enforcement provisions.

Providing for consideration of the bill (H.R. 4194) making appropriations for the Departments of Veterans Affairs and Housing and Urban Development, and for sundry independent agencies, boards, commissions, corporations, and offices for the fiscal year ending September 30, 1999, and for other purposes.

United States · United States Congress · 15 July 1998

Sets forth the rule (open) for the consideration of H.R. 4194 (Departments of Veterans Affairs and Housing and Urban Development and independent agencies appropriations).