H.R.4328 - Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999105th Congress (1997-1998)
|Sponsor:||Rep. Wolf, Frank R. [R-VA-10] (Introduced 07/24/1998)|
|Committees:||House - Appropriations|
|Committee Reports:||H. Rept. 105-648; H. Rept. 105-825 (Conference Report)|
|Latest Action:||10/21/1998 Became Public Law No: 105-277. (TXT | PDF) (All Actions)|
|Major Recorded Votes:||10/21/1998 : Resolving Differences; 10/20/1998 : Resolving Differences; 07/30/1998 : Passed House|
|Notes:||Enrolled (ENR) version not published. See law text for final version of bill and conference report for joint explanatory statement.|
This bill has the status Became Law
Here are the steps for Status of Legislation:
- Passed House
- Passed Senate
- Resolving Differences
- To President
- Became Law
Subject — Policy Area:
- Economics and Public Finance
- View subjects
Summary: H.R.4328 — 105th Congress (1997-1998)All Bill Information (Except Text)
Conference report filed in House (10/19/1998)
TABLE OF CONTENTS:
Division A: Omnibus Consolidated Appropriations
Title I: Agricultural Programs
Title II: Conservation Programs
Title III: Rural Economic and Community Development
Title IV: Domestic Food Programs
Title V: Foreign Assistance and Related Programs
Title VI: Related Agencies and Food and Drug
Title VII: General Provisions
Title VIII: Agricultural Credit
Title IX: India-Pakistan Relief Act
Title X: Under Secretary of Agriculture for Marketing
and Regulatory Programs
Title XI: Emergency and Market Loss Assistance
Title XII: Biodiesel
Title XIII: Emergency Appropriations
Title I (sic): 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: (Ethical Standards for Federal Prosecutors)
Title IX: National Whale Conservation Fund Act
(Title I (sic): District of Columbia Appropriations)
Title I (sic): Export and Investment Assistance
Title II: Bilateral Economic Assistance
Title III: Military Assistance
Title IV: Multilateral Economic Assistance
Title V: General Provisions
Title VI: International Financial Programs and Reform
Title I (sic): Department of the Interior
Title II: Related Agencies
Title III: General Provisions
Title IV: The Herger-Feinstein Quincy Library Group
Forest Recovery Act
Title V: Land Between the Lakes Protection Act
Title VI: Interstate 90 Land Exchange Act
Title VII: Indian Tribal Tort Claims and Risk
Title I (sic): 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
Title VII: Miscellaneous Provisions
Title VIII: Reading Excellence Act
Title IX: Women's Health and Cancer Rights
Title I (sic): Department of Transportation
Title II: Related Agencies
Title III: General Provisions
Title I (sic): Department of the Treasury
Title II: Postal Service
Title III: Executive Office of the President and Funds
Appropriated to the President
Title IV: Independent Agencies
Title V: General Provisions (This Act)
Title VI: General Provisions (Departments, Agencies,
Title VIII (sic): Technical and Clarifying Amendments
Title IX: Haitian Refugee Immigration Fairness Act of
Title VI (sic): Offsets
Division B: Emergency Supplemental Appropriations
Title I (sic): Military Readiness and Overseas
Title II: Antiterrorism
Title III: Year 2000 Conversion of Federal Information
Title IV: Other Emergencies
Title V: Counter-Drug Activities and Interdiction
Title VI: General Provision
Division C: Other Matters
Title I (sic): Other Matters
Title II: Fisheries
Title III: Denali Commission
Title IV: American Competitiveness and Workforce
Title V: Salton Sea Feasibility Study
Title VI: Cheyenne River Sioux Tribe, Lower Brule Sioux
Tribe, and State of South Dakota Terrestrial
Wildlife Habitat Restoration
Title VII: Office of National Drug Control Policy
Title VIII: Western Hemisphere Drug Elimination
Title IX: Drug-Free Workplace Act
Title X: Canyon Ferry Reservoir, Montana, Act
Title XI: Moratorium on Certain Taxes
Title XII: Other Provisions
Title XIII: Children's Online Privacy Protection
Title XIV: Child Online Protection
Title XV: Vaccine Injury Compensation Program
Title XVI: Service Connection for Persian Gulf War
Title XVII: Government Paperwork Elimination Act
Division D: Drug Demand Reduction Act
Title I (sic): Targeted Substance Abuse Prevention and
Title II: Statement of National Antidrug Policy
Division E: Methamphetamine Trafficking Penalty Enhancement
Act of 1998
Division F: Not Legalizing Marijuana for Medicinal Use
Division G: Foreign Affairs Reform and Restructuring Act of 1998
Title XI (sic): General Provisions
Title XII: United States Arms Control and Disarmament Agency
Title XIII: United States Information Agency
Title XIV: United States International Development
Title XV: Agency for International Development
Title XVI: Transition
Title XX (sic): General Provisions
Title XXI: Authorization of Appropriations for
Department of State
Title XXII: Department of State Authorities and
Title XXIII: Organization of the Department of State;
Department of State Personnel; The Foreign Service
Title XXIV: United States Informational, Educational,
and Cultural Programs
Title XXV: International Organizations Other Than
Title XXVI: United States Arms Control and Disarmament Agency
Title XXVII: European Security Act of 1998
Title XXVIII: Other Foreign Policy Provisions
Division H: Depository Institution-GSE Affiliation Act of 1998
Division I: Chemical Weapons Convention
Title I (sic): General Provisions
Title II: Penalties for Unlawful Activities Subject to
the Jurisdiction of the United States
Title III: Inspections
Title IV: Reports
Title V: Enforcement
Title VI: Miscellaneous Provisions
Division (J): Revenues and Medicare
Title I (sic): Extension and Modification of Certain
Title II: Other Tax Provisions
Title III: Revenue Offsets
Title IV: Technical Corrections
Title V: Medicare-Related Provisions
Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 - Division A: Omnibus Consolidated Appropriations - Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999 - Title I: Agricultural Programs - Appropriates funds for FY 1999 for the following Department of Agriculture programs and services: (1) Office of the Secretary of Agriculture; (2) executive operations; (3) Office of Budget and Program Analyst; (4) Office of the Chief Information Office; (5) Office of the Chief Financial Officer; (6) Office of the Assistant Secretary for Administration; (7) Agriculture buildings and facilities and rental payments; (8) hazardous waste management; (9) departmental administration; (10) Office of the Assistant Secretary for Congressional Relations; (11) Office of Communications; (12) Office of the Inspector General; (13) Office of the General Counsel; (14) Office of the Under Secretary for Research, Education, and Economics; (15) Economic Research Service; (16) National Agricultural Statistics Service; (17) Agricultural Research Service; (18) Cooperative State Research, Education, and Extension Service; (19) Native American Institutions Endowment Fund; (20) extension activities; (21) Office of the Assistant Secretary for Marketing and Regulatory Programs; (22) Animal and Plant Health Inspection Service; (23) Agricultural Marketing Service; (24) Grain Inspection, Packers and Stockyards Administration; (25) Food Safety and Inspection Service; (26) Office of the Under Secretary for Farm and Foreign Agricultural Services; (27) Farm Service Agency; (28) Risk Management Agency; (29) Federal Crop Insurance Corporation Fund; and (30) Commodity Credit Corporation Fund.
Title II: Conservation Programs - Appropriates funds for the: (1) Office of the Under Secretary for Natural Resources and Environment; and (2) Natural Resources Conservation Service.
Title III: Rural Economic and Community Development Programs - Appropriates funds for the: (1) Office of the Under Secretary for Rural Development; (2) Rural Housing Service; (3) Rural Business- Cooperative Service; (4) Alternative Agricultural research and Commercialization Corporation Revolving Fund; and (5) Rural Utilities Service.
Title IV: Domestic Food Programs - Appropriates funds for the following: (1) Office of the Under Secretary for Food, Nutrition and Consumer Services; and (2) Food and Nutrition Service.
Title V: Foreign Assistance and Related Programs - Appropriates funds for the Foreign Agricultural Service and General Sales Manager.
Title VI: Related Agencies and Food and Drug Administration - Appropriates funds for the following: (1) Food and Drug Administration; (2) Farm Credit System Financial Assistance Corporation; (3) Commodity Futures Trading Commission; and (4) Farm Credit Administration.
Title VII: General Provisions - Specifies certain uses and limits on or prohibitions against the use of funds appropriated by this Act.
(Sec. 728) Designates the United States National Rice Germplasm Evaluation and Enhancement Center, Stuttgart, Arkansas, as the "Dale Bumpers National Rice Research Center."
(Sec. 729) Authorizes the transfer of specified funds for the Lower Mississippi Delta Region.
(Sec. 730) Prohibits funds available under this Act from being used to enroll more than 120,000 acres in the FY 1999 wetlands reserve program.
(Sec. 731) Prohibits funds available under this Act from being used to carry out the emergency food assistance program if such program exceeds $90 million.
(Sec. 732) Prohibits funds available under this Act from being used for the Initiative for Future Agricultural and Food Systems.
(Sec. 733) States that the City of Big Spring, Texas, shall be eligible for certain rural housing programs.
(Sec. 734) States that the Municipality of Carolina, Puerto Rico, shall be eligible for certain rural utility grants and loans.
(Sec. 735) States that the definition of "rural areas" for certain business and community facilities programs shall be as provided by statute and regulation prior to enactment of P.L.104-127.
(Sec. 736) Prohibits funds available under this Act from being used for any commodity purchase program that would prohibit farmer- owned cooperative participation.
(Sec. 737) Amends the Federal Food, Drug, and Cosmetic Act to exclude the ionophore or arsenical classes of animal drugs from the definition of antibacterial ingredient or animal drug for certain animal drug application purposes.
(Sec. 738) Prohibits the use of any funds to implement: (1) specified milk marketing orders other than during the period February 1, 1999 through April 4, 1999, and only if effective on October 1, 1999; and (2) a clause under such orders designating California as a separate Federal milk marketing order other than during the period from final rule issuance through September 30, 1999.
(Sec. 739) Requires milk marketing orders to include estimates of regional production costs, including transportation and marketing.
(Sec. 740) Prohibits funds available under this Act from being used to carry out a conservation farm option program.
(Sec. 741) Waives the statute of limitations on certain Department of Agriculture (Department) nonemployment discrimination complaints.
(Sec. 742) Provides compensatory damages to farmers found to have been discriminated against under a Department loan program or other activity in violation of the Rehabilitation Act of 1973.
(Sec. 743) Amends Federal law with respect to brown tree snake introduction from Guam.
(Sec. 744) Makes conservation funds available for construction of the Franklin County Lake Project, Mississippi.
(Sec. 745) Amends the Consolidated Farm and Rural Development Act with respect to the water systems program for rural and Native Alaskan villages to: (1) reduce Alaska's matching fund requirement; and (2) increase the annual authorization of appropriations.
(Sec. 746) Prohibits funds available under this Act for the Food and Drug Administration from being used to plan for, or close or relocate the Food and Drug Administration Division of Drug Analysis in St. Louis, Missouri.
(Sec. 747) Prohibits funds available under this Act or any other Act for any fiscal year from being used to inspect and certify agricultural processing equipment unless the Secretary imposes a fee and performs such activities in a manner similar to that for agricultural products under the Agricultural Marketing Act of 1946. Exempts the Secretary's authority under the Federal Meat Inspection Act, the Poultry Products Inspection Act, and the Egg Products Inspection Act from such requirement.
(Sec. 748) Limits producer administrative fees for crop insurance catastrophic risk protection to not more than $50 per crop per county.
(Sec. 749) Makes a specified Department personnel management demonstration project permanent.
(Sec. 750) Amends Federal law to make foreign national employees of the Foreign Agricultural Service eligible for certain compensation under the Federal Employee Compensation Act, as of August 1, 1998.
(Sec. 751) Amends the Food Security Act of 1985 to exempt 30-year easements from certain payment limitations under the wetlands reserve program.
(Sec. 753) Amends the Forest and Rangeland Renewable Resources Research Act of 1978, as amended by the Agricultural Research, Extension, and Education Reform Act of 1998, with respect to the Northeastern States Research Cooperative.
Amends the Honey Research, Promotion, and Consumer Information Act, as amended by the Agricultural Research, Extension, and Education Reform Act of 1998, to increase the honey assessment rate.
Amends the Federal Agriculture Improvement and Reform Act of 1996 to make State agricultural experiment stations eligible for certain research grants.
Amends the Agricultural Research, Extension, and Education Reform Act of 1998 to make State agricultural experiment stations eligible for new agricultural research, extension, and educational initiatives.
Amends the Hatch Act of 1887 and the Smith-Lever Act, respectively, with respect to specified agricultural matching fund provisions for Puerto Rico, the Virgin Islands, and Guam.
(Sec. 754) Prohibits funds appropriated by this Act or any other Act from being used for an agricultural budget submission to the Congress that assumes reductions from the previous year's budget due to user fee proposals unless the submission also identifies spending reductions to occur if the user fees are not enacted.
(Sec. 755) Amends the Agricultural Marketing Act of 1946 with respect to inspections and certifications in interstate commerce to consider shell eggs packed under a Department voluntary grading program as not having been shipped for sale prior to such packing.
Directs the Secretary and the Secretary of Health and Human Services to submit a shell egg and egg product safety report.
(Sec. 756) Caps certain FY 1999 computer-related Department activities.
(Sec. 757) Authorizes the Secretary to use specified funds for certain disaster or emergency tree loss assistance due to fire blight.
(Sec. 758) Prohibits funds available under this Act from being used to establish an Office of Community Food Security or similar office within the Department without prior approval by the House and Senate Committees of Appropriations.
(Sec. 759) Makes the city of Vineland, New Jersey, eligible for Rural Housing Service and Rural Business-Cooperative Service programs.
(Sec. 760) Places a moratorium on the rule making authority of the Commodity Futures Trading Commission over swaps and derivatives through March 30, 1999.
(Sec. 761) Prohibits the use of funds to allow the Agricultural Research Service to accept and administer the National Swine Research Center in Ames, Iowa.
(Sec. 762) Amends the Agricultural Market Transition Act to revise upland cotton special marketing loan provisions regarding marketing certificates and special import imposition.
(Sec. 763) Directs the Secretary of Agriculture to obligate specified emergency assistance appropriations for: (1) low-income families adversely affected by utilizing Federal Emergency Management Agency guidelines; (2) Department of Commerce administrative costs, trade adjustment assistance, and disaster research and prevention; and (3) Small Business Administration direct loans.
(Sec. 764) Amends the Clean Air Act with respect to methyl bromide production, production termination (not to terminate before January 1, 2005), and critical use exemption.
(Sec. 765) States that county committee permanent employees employed on or after October 1, 1998, shall be considered to have civil service status only for the purpose of applying for Department civil service vacancies.
(Sec. 766) Appropriates additional funds for rural empowerment zone and enterprise communities programs, with set asides for: (1) a second round of the rural empowerment program; and (2) grants for up to 20 additional rural enterprise communities.
Title VIII: Agricultural Credit - Amends the Consolidated Farm and Rural Development Act to prohibit: (1) loans to a borrower who has received loan or loan guarantee debt forgiveness; and (2) loan guarantees to a borrower who has received debt forgiveness after April 4, 1996, or who has received debt forgiveness on more than three occasions as of such date.
(Sec. 801) Authorizes direct or guaranteed farm operating loans to a borrower whose loan has been restructured or whose reorganized payments are current.
Authorizes emergency loans to a borrower who: (1) has not received loan or loan guarantee debt forgiveness after April 4, 1996; or (2) has not received more than one forgiveness as of such date.
(Sec. 802) Prohibits loan denial based upon lack of a specific amount of collateral if repayment is otherwise reasonably certain.
(Sec. 803) Amends the Federal Crop Insurance Act and the Agricultural Market Transition Act to exempt emergency loans from their respective multiple benefits restriction.
(Sec. 804) Amends the Consolidated Farm and Rural Development Act to require borrower notification of impending real estate loan ineligibility.
(Sec. 806) Increases farm ownership and operating loan limits.
(Sec. 808) Reduces certain cash flow margin criteria for loan restructuring purposes.
Title IX: India-Pakistan Relief Act - India-Pakistan Relief Act of 1998 - Authorizes the President to waive for up to one year certain export control laws for India or Pakistan under the Arms Export Control Act, the Foreign Assistance Act of 1961, or the Export Import Bank Act of 1945.
Title X: Under Secretary of Agriculture for Marketing and Regulatory Programs - Amends the Federal Crop Insurance Reform and Department of Agriculture Reorganization Act of 1994 to authorize the Secretary to establish the position of Under Secretary of Agriculture for Marketing and Regulatory Programs. Directs the Secretary to delegate those Department functions related to agricultural marketing, animal and plant health inspection, grain inspection, and packers and stockyards.
Title XI: Emergency and Market Loss Assistance - Subtitle A: Emergency Assistance for Crop and Livestock Feed Losses Due to Disasters - Directs: (1) the Secretary to administer a disaster crop loss assistance program, with specified spending limits for 1998 disaster crop losses and multiyear (1998 and preceding year) disaster and disease crop losses; (2) producers without 1998 crop insurance to purchase 1999 and 2000 insurance in order to qualify for assistance; and (3) the Secretary to use specified amounts for livestock feed assistance to producers affected by 1998 disasters.
Subtitle B: Market Loss Assistance - Directs the Secretary to use specified amounts for owners and producers eligible for FY 1998 production flexibility contract payments to partially compensate them for 1998 market losses. Establishes a dairy producer set-aside.
Subtitle C: Other Assistance - Directs the Secretary to provide matching assistance to Georgia for an indemnity fund for cotton producers whose properly stored and harvested crops were lost by bankrupt warehouses in 1998 or 1999.
(Sec. 1122) Provides 1998 honey recourse loans.
(Sec. 1123) Provides FY 1999 noninsured crop assistance to specified raisin producers.
(Sec. 1124) Appropriates additional Department funds for emergency assistance for certain losses incurred under the Fishery Conservation and Management Act of 1976.
(Sec. 1125) Amends the Food for Progress Act of 1985 to: (1) increase FY 1999 funding limits for the food for progress program; and (2) direct the Secretary to use private voluntary organizations to the maximum extent in carrying out the FY 1999 program.
(Sec. 1126) Amends the Agricultural Market Transition Act to provide FY 1999 recourse loans for mohair.
(Sec. 1127) Amends the Packers and Stockyards Act to direct the Secretary to: (1) conduct a 12-month pilot program in which persons buying, selling, or marketing domestic or imported beef, sheep, or lamb for consumption shall report to the Secretary on procurement prices; and (2) conduct a 12-month investigation of electronic means for collecting related export data. Appropriates funds.
Subtitle D: Administration - Directs the Secretary to carry out this title through the Commodity Credit Corporation.
(Sec. 1132) Designates amounts made available under this title as emergency requirements pursuant to the Balanced Budget and Emergency Deficit Control of 1985, as amended.
Title XII: Biodiesel - (Language of this title was included as section 7 of P.L.105-388.) Amends the Energy Policy Act of 1992 to set forth a statutory mechanism for the allocation of credit for specified biodiesel fuel use by a fleet or covered person.
(Sec. 1201) Directs the Secretary of Energy to allocate one credit to a fleet or covered person for each qualifying volume of the biodiesel component of fuel containing at least 20 percent biodiesel by volume (B-20) purchased for use by the fleet or covered person in vehicles that weigh more than 8,500 pounds gross vehicle weight rating. Permits the Secretary to lower the B-20 requirement for reasons related to cold start, safety, or vehicle function considerations.
Prohibits the allocation of credits for a purchase of biodiesel: (1) for use in alternative fueled vehicles; or (2) required by Federal or State law.
Directs the Secretary, upon the request of a fleet or covered person receiving a credit allocation, to treat a purchase as the required annual acquisition of one alternative fueled vehicle.
Title XIII: Emergency Appropriations - Makes emergency appropriations (designated pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985, as amended) to the Department for the: (1) Farm Service Agency; (2) Commodity Credit Corporation Fund; and (3) Natural Resources Conservation Service.
Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1999 - Title I (sic): 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 (FBI); (18) construction for specified agencies; (19) the Drug Enforcement Administration; (20) the Immigration and Naturalization Service; (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. 111) Requires the Director of the Bureau of Prisons to submit a study to specified congressional committees that evaluates the growth and development of the private prison industry during the past 15 years, training qualifications of personnel at such prisons, and security procedures of such facilities and compares the general standards and conditions of private and Federal prisons.
(Sec. 114) Amends the Immigration and Nationality Act to prohibit any immigration inspection fee from being charged in connection with the arrival of any passenger, other than aircraft passengers, whose journey originated in a U.S. State.
(Sec. 116) Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to extend the deadline by which the Attorney General is required to establish an automated entry and exit control system. (Sec. 117) Amends the Controlled Substances Act to make unlawful certain negligent failures to provide records or reports, including those pertaining to listed chemicals and certain machines. (Current law provides that all failures to do so are unlawful.) Limits penalties for negligent violations regarding reports or recordkeeping to $10,000.
(Sec. 118) Requires the General Accounting Office to report to specified congressional committees on compliance of the Department of Justice and all U.S. Attorneys with the Guidance on the Use of the False Claims Act in Civil Health Care Matters.
(Sec. 119) Amends the Federal criminal code to require applicants for firearm dealer licenses 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, except in certain cases where such storage is temporarily unavailable. Authorizes revocation of licenses of dealers who fail to have such storage or devices available.
(Sec. 120) Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize grants to non-Federal individuals or entities for firearm safety education.
(Sec. 121) Amends the Brady Handgun Violence Prevention Act to prohibit the disposition of a firearm or ammunition to, and the possession of a firearm or ammunition by, an alien who has been admitted to the United States under a nonimmigrant visa.
Requires the statement required from a firearms transferee to contain a statement that the transferee is not an alien who has been admitted to the United States under a nonimmigrant visa.
Sets forth provisions regarding: (1) exceptions for aliens admitted to the United States for lawful hunting or sporting purposes and for certain official government representatives, officials, distinguished foreign visitors, and foreign law enforcement officers; and (2) waivers.
(Sec. 122) Amends the Federal criminal code to apply certain authorized investigative demand procedures currently applicable to Federal health care offenses to acts involving Federal offenses relating to sexual exploitation or abuse of children as well.
(Sec. 123) Amends the Violent Crime Control and Law Enforcement Act of 1994 to expand the categories of sex offenders to whom penalties apply for knowingly failing to register under such Act or in States in which they reside, are employed, or are students. Removes monetary penalties for such offenses and retains existing imprisonment penalties.
(Sec. 124) Authorizes nursing facilities or home health care agencies to submit requests to the Attorney General to conduct a search and exchange of specified FBI criminal history records regarding an applicant for employment if the employment position is involved in direct patient care. Permits such information to be used only for purposes of determining suitability for employment of an applicant.
Authorizes the Attorney General to charge a fee of up to $50 per request.
Prescribes criminal penalties for unauthorized use of such information.
Absolves a nursing facility or home health care agency that denies employment based on such information from liability in any action brought by the applicant in cases where the information is incomplete or inaccurate.
(Sec. 126) Reduces the total of amounts appropriated under this title by a specified amount out of which reductions shall be made in accordance with the chart on Year 2000 funding dated September 17, 1998, provided to the Congress by the Department of Justice.
(Sec. 127) Prohibits, unless the person concerned consents or disclosure is pursuant to a court order or a verdict of liability has been entered, the disclosure of specified financial records and personal information of a person employed or formerly employed by a Federal, State, or local jail, prison, or correctional facility in actions for deprivation of rights against such facilities or persons brought by a prisoner.
(Sec. 128) Makes a numerical limitation on refugees under the Immigration and Nationality Act inapplicable to certain aliens who were U.S. Government employees, employees of nongovernmental organizations based in the United States, or other Iraqi nationals who were moved to Guam by the U.S. Government in 1996 or 1997 and granted asylum.
(Sec. 129) Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to include within the definition of "unit of local government" under such Act: (1) any law or judicial enforcement district that is established under State law and has the authority to establish a budget and raise revenues; and (2) for purposes of assistance eligibility, any Federal agency that performs law enforcement functions in and for the District of Columbia or any trust territory of the United States.
Makes a parallel amendment to such definition under the Omnibus Crime Control and Safe Streets Act of 1968.
(Sec. 130) Makes funds available for payments of judgments against the United States and compromise settlements of claims in suits against the United States arising from the Financial Institutions Reform, Recovery and Enforcement Act.
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.
Sets forth authorized uses of, and limitations on, such funds.
Rescinds a specified amount of funds for Patent and Trademark Office salaries and expenses.
(Sec. 210) Prohibits the use of funds under this Act to process or register any application filed with the Patent and Trademark Office under the Trademark Act of 1946 for a mark identical to the official tribal insignia of any federally recognized Indian tribe for a period of one year from this Act's enactment date.
(Sec. 211) Bars certain transactions with respect to intellectual property in which the Cuban Government or a Cuban national has an interest with respect to a mark or trade or commercial name that is the same as or substantially similar to one that was used in connection with a business or assets that were confiscated unless the original owner or successor-in-interest has expressly consented.
(Sec. 212) Directs the Secretary of Commerce, acting through the Assistant Secretary of Commerce for Economic Development, to convey land known as the J and J Casting site, in Lake County, Minnesota, to the city of Two Harbors, Minnesota.
(Sec. 213) Authorizes the Secretary of Commerce, through the Under Secretary for Oceans and Atmosphere, to exchange all right, title, and interest in the Lena Point property near Juneau, Alaska, to site a NOAA facility. Permits NOAA to provide an easement or other long-term agreement to allow the State of Alaska to own, operate, and maintain a laboratory, classroom, and office facility on the site of the NOAA facility and to expend State funds for development of joint facilities that will be NOAA owned and operated.
Title III: The Judiciary - The 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; (7) the Center for Cultural and Technical Interchange Between East and West; (8) the North-South Center; and (9) the National Endowment for Democracy.
Sets forth authorized uses of, and limitations on, such funds.
(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. 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.
(Sec. 408) Bars the use of funds made available in this Act by the State Department or USIA to provide assistance to the Palestinian Broadcasting Corporation.
(Sec. 409) Grants the Secretary of State discretionary authority to pay tort claims in connection with damages sought against the United States for injury or loss of property or personal injury or death caused by the negligent or wrongful act or omission of a Federal employee in a foreign country with respect to State Department overseas operations.
(Sec. 410) Directs the Secretary and the Attorney General toimpose a $13 fee for the processing of applications for combined border crossing card and tourist or business visitor visa for certain Mexican citizens under the age of 15. States that such card and visa for which the fee was reduced shall expire on the earlier of the date the child reaches the age of 15 or ten years after the issue date, unless at the request of the parent the card and visa are subject to a non- reduced fee in which case they will expire the same date as is usually provided for visas issued under the same provision of the Immigration and Nationality Act.
Requires tourist and business visitor visas to continue to be processed at least until five years after the enactment date of the Illegal Immigration Reform and Immigration Responsibility Act of 1996 in the Mexican border cities of Nogales, Nuevo Laredo, Ciudad Acuna, Piedras Negras, Agua Prieta, and Reynosa. Extends the deadline under such Act by which biometric identifiers on border crossing identification cards are required to match the biometric characteristic of the alien attempting to cross.
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) Commission on Ocean Policy; (12) Securities and Exchange Commission; (13) 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 (14) 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 by this Act to: (1) enforce any EEOC guidelines covering harassment based on religion if such guidelines do not differ from proposed guidelines of October 1, 1993; or (2) provide specified personal comforts in the Federal prison system.
(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. 616) Prohibits the use of funds made available in this Act to issue visas to certain individuals from Haiti, including those involved in specified extrajudicial and political killings.
(Sec. 617) 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. 618) 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. 619) 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.
(Sec. 621) Prohibits funds appropriated under any law from being used for: (1) the implementation of any tax or fee in connection with any criminal background check system that implements requirements under the Federal criminal code in connection with certain restrictions on the transfer of firearms; and (2) any such system that does not result in the destruction of information submitted by persons determined not to be prohibited from owning a firearm.
(Sec. 623) Bars the use of funds made available in any Act to implement or enforce a specified executive order titled "Federalism" of May 14, 1998.
(Sec. 624) Amends the Federal judicial code to transfer Schuylkill County, Pennsylvania, from the State's Eastern Judicial District to its Middle Judicial District.
(Sec. 625) Prohibits the use of funds made available by this Act for participation by U.S. delegates to the Standing Consultative Commission unless the President certifies to the Appropriations Committees that the U.S. Government is not implementing the Memorandum of Understanding Relating to the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Limitation of Anti-Ballistic Missile Systems of May 26, 1972, entered into on September 26, 1997, by the United States, Russia, Kazakhstan, Belarus, and Ukraine.
Title VII: Rescissions - Rescinds specified amounts of funds made available for: (1) the Department of Justice for the working capital fund and legal activities of the Asset Forfeiture Fund; (2) FBI construction, salaries and expenses, and violent crime reduction; (3) the Immigration and Naturalization Service for the immigration emergency fund; (4) the U.S. Travel and Tourism Administration; (5) the Endowment for Children's Educational TV; (6) the National Institute of Standards and Technology for the Advanced Technology Program; and (7) the Maritime Administration for ship construction.
Title VIII: (Ethical Standards for Federal Prosecutors) - Subjects a Government attorney, including any independent counsel and employee of such counsel, 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.
(Sec. 801) Directs the Attorney General to make and amend rules of the Department of Justice to assure compliance with this title.
Title IX: National Whale Conservation Fund Act - National Whale Conservation Fund Act of 1998 - Amends the National Fish and Wildlife Foundation Establishment Act to authorize the National Fish and Wildlife Foundation to establish a national whale conservation endowment fund.
(Sec. 903) Authorizes the Secretary of Commerce to transfer specified funds to the Foundation.
(Title I (sic): District of Columbia Appropriations) - 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 payment for management reform; (3) the Federal payment for Boys Town U.S.A. operations in the District; (4)the Federal contribution to the Nation's Capital Infrastructure Fund; (5) the Federal contribution for an environmental study and related activities at the Lorton Correctional Complex; (6) the Federal payment to the District's Corrections Trustee for operations; (7) the Federal payment to the District courts; (8) 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; (9) the Federal payment to the Metropolitan Police Department; (10) the Federal payment to the Fire Department; (11) the Federal payment to the Georgetown Waterfront Park Fund; (12) 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; (13) a Federal contribution to the District to establish a National Museum of American Music and for downtown revitalization; (14) the Federal payment to the U.S. Park Police; (15) the Federal payment to the District Department of Housing and Community Development for a study of necessary improvements to the Southwest Waterfront in the District; (16) 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; (17) a Federal contribution to the public education system for public charter schools; (18) the Federal payment to the District of Columbia Financial Responsibility and Management Assistance Authority for the continued funding of a Medicare Coordinated Care Demonstration Project in the District; and (19) a Federal contribution to the Children's National Medical 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) 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) receivership programs; (14) the District's Financial Responsibility and Management Assistance Authority (Authority); (15) the Water and Sewer Authority and the Washington Aqueduct; (16) the Lottery and Charitable Games Enterprise Fund; (17) the Cable Television Enterprise Fund; (18) the Public Service Commission; (19) the Office of the People's Counsel; (20) the Department of Insurance and Securities Regulation; (21) the Office of Banking and Financial Institutions; (22) the Starplex Fund; (23) D.C. General Hospital; (24) the D.C. Retirement Board; (25) the Correctional Industries Fund; (26) the Washington Convention Center Enterprise Fund; and (27) capital outlay (including rescissions).
Prohibits the District government from employing more than 32,000 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. 116) 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. 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. 130) Prohibits funds contained in this Act from being made available under specified conditions, to pay the fees of an attorney who represents a party who prevails in an action, including an administrative proceeding, brought against the District public schools under the Individuals with Disabilities Education Act.
(Sec. 131) 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. 132) 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. 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 30 calendar days after the enactment of this Act, whichever occurs later, and each succeeding year, the 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. 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 (CFO) certifies will produce additional revenues during such fiscal year at least equal to 200 percent of such expenditures.
Prohibits the CFO 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 to: (1) the elimination of the general fund accumulated deficit; (2) a reserve account not to exceed $250 million to be used to finance seasonal cash needs (in lieu of short term borrowings); (3) accelerate repayment of cash borrowed from the Water and Sewer Fund; and (4) to reduce the outstanding long term debt.
(Sec. 139) 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 CFO.
(Sec. 140) 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. 141) Directs the Authority 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. 142) 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. 143) 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 an officer or employee of the Metropolitan Police Department who resides in the District or is otherwise designated by the Chief of the Department).
Exempts any vehicle provided to an officer of the Metropolitan Police Department who was wounded in the line of duty and who is referred to in the letter of July 15, 1998, from the Chief of the Department to the Chair of the Subcommittee on the District of Columbia of the House Committee on Appropriations. Provides that, notwithstanding any other provision of law, the Chief may donate the vehicle to such officer as a gift on behalf of the District. Exempts the donation from Federal, State, or local income or gift tax.
Requires the CFO 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.
(Sec. 144) 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. 145) 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. 146) Sets forth Buy American provisions.
(Sec. 147) 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. 148) Prohibits funds contained in this Act from being used: (1) 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 pursuant to the District of Columbia Procurement Practices Act of 1985 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; (2) 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; and (3) after April 1, 1999, to transfer or confine inmates classified above the medium security level, as defined by the Federal Bureau of Prisons classification instrument, to the Northeast Ohio Correctional Center located in Youngstown, Ohio.
(Sec. 149) 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. 150) Makes the evaluation process and instruments for evaluating District public school employees a non-negotiable item for collective bargaining purposes.
(Sec. 152) 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. 153) Repeals the Residency Requirement Reinstatement Amendment Act of 1998.
(Sec. 155) 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 CFO and the Authority to be expended only according to criteria established by the CFO and approved by the Authority.
(Sec. 156) Authorizes the Board of Trustees of the District of Columbia Public Library to hire a fundraiser 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 CFO and the Authority.
(Sec. 157) District of Columbia Adoption Improvement Act of 1998 - Requires the District of Columbia Child and Family Services Agency (CFSA) to: (1) maintain an accurate database listing and tracking any child found by the Family Division of the District of Columbia Superior Court to be abused or neglected and who is in the custody of the District, including any child with the goal of adoption or legally free for adoption; and (2) enter into contracts with private service providers to perform some of the adoption recruitment and placement functions of CFSA, including recruitment, homestudy, and placements. Subjects the contracts to the competitive bidding process when required by CFSA contracting policies and procedures and requires the contracts to compensate the winning bidder upon completion of contract deliverable. Outlines criteria for contract deliverables.
States that nothing in this Act shall be construed to prevent CFSA from entering into contracts that provide for multiple deliverables or conditions for partial payment.
Requires CFSA to meet with contractors to address issues identified during the term of a contract, including issues related to barriers to timely adoption.
(Sec. 158) 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.
(Sec. 159) 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. 160) 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. 161) 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. Limits the funds to $3.2 million.
(Sec. 162) Requires a District of Columbia Court to pay an interest penalty to a business concern if the Court acquires the property or service of the concern and fails to pay the concern for each complete delivered item of property or service by the required payment date, under specified conditions.
(Sec. 163) Amends the Nation's Capital Bicentennial Designation Act to replace "President's Day" with "Washington's Birthday."
(Sec. 164) Amends the District of Columbia Financial Responsibility and Management Assistance Act of 1995 to allow, upon the expiration of a term of office, a member of the Authority to continue to serve until a successor has been appointed.
(Sec. 165) Amends the District of Columbia Home Rule Act to require the CFO to include within the quarterly financial reports to specified congressional committees on the financial and budgetary status of the District government a statement of the balance of each account held by the Authority at the end of each quarter, together with a description of the activities within each such account during the quarter, based on information supplied by the Authority.
(Sec. 166) Prohibits funds made available pursuant to provisions of this Act or any other Act now or hereafter enacted from being used to capitalize the National Capital Revitalization Corporation or for the purpose of implementing the National Capital Revitalization Act of 1998 until at least 30 days after the Authority submits to the appropriate congressional committees an economic development strategy.
(Sec. 167) Requires the District government to maintain for FY 1999 the same funding levels as provided in FY 1997 for homeless services in the District provided that, in addition to such amounts, $1 million shall be paid to the Doe Fund for its Ready, Willing & Able program in Washington, D.C.
(Sec. 168) Requires by November 1, 1998, or within 30 calendar days after the enactment of this Act, whichever occurs later, the CFO to submit to appropriate congressional committees, the Mayor, and the Authority a revised appropriated funds operating budget for all District government agencies for such FY 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. 169) Makes the Oyster Elementary School Construction and Revenue Bond Act of 1998 effective upon the enactment of this Act.
(Sec. 170) Prohibits funds contained in this Act from being used: (1) for any program of distributing sterile needles or syringes for the hypodermic injection of any illegal drug, or for any payment to any individual or entity who carries out any such program; or (2) to conduct any ballot initiative which seeks to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the Controlled Substances Act or any tetrahydrocannabinols derivative.
Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1999 - Title I (sic): 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 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 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) international disaster assistance; (5) micro and small enterprise development programs; (6) guaranteed loans for the urban and environmental credit program; (7) the Foreign Service Retirement and Disability Fund; (8) operating expenses of AID and the AID Office of Inspector General; (9) Economic Support Fund (ESF) assistance (earmarking amounts for Israel and Egypt); (10) the International Fund for Ireland; (11) 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); (12) 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); (13) the Peace Corps (but with a prohibition on the use of such funds for abortions); (14) international narcotics control and law enforcement; (15) migration and refugee assistance; (16) the Emergency Refugee and Migration Assistance Fund; (17) nonproliferation, anti-terrorism and related programs and activities (including a voluntary contribution to the Korean Peninsula Energy Development Organization (KEDO)); (18) Department of the Treasury debt restructuring; (19) Department of the Treasury international affairs technical assistance activities; and (20) the U.S. Community Adjustment and Investment Program under the North American Free Trade Agreement (NAFTA) Implementation Act.
Earmarks certain development assistance and ESF funds for: (1) Cyprus for scholarship programs and reunification measures; (2) Burma for democracy activities; and (3) Indonesia.
Prohibits funds for Cambodia (except for demining or activities administered by nongovernmental organizations) until the Secretary of State reports to specified congressional committees that the Government of Cambodia has met certain election requirements.
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.
Makes development assistance funds for family planning available only to voluntary family planning projects which meet specified criteria. Requires the Administrator of AID to report any violation of such requirements to specified congressional committees.
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: (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 the U.S. contribution to: (1) the International Bank for Reconstruction and Development (World Bank) for the Global Environment Facility; (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 international organizations and programs. 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. Prohibits the availability of such assistance for the Government of Russia until agreement is reached exempting such assistance from customs duties.
(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) 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, while removing Panama and Peru from, 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 the current fiscal year (thus, indefinitely).
(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. 528) Prohibits bilateral assistance funds to any country which the President determines: (1) grants sanctuary from prosecution to any individual or group which has committed an act of international terrorism; or (2) otherwise supports international terrorism. Allows waiver of such prohibition for national security or humanitarian reasons.
(Sec. 531) Prohibits U.S. sale of Stinger missiles in the Persian Gulf region, with certain exceptions.
(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 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. 538) 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. 539) Declares that no Federal funds may be made available to modify or remove any sanction, prohibition, or requirement with respect to Serbia-Montenegro unless the President certifies to the Congress there is substantial improvement in the human rights situation there, and other specified human rights requirements are met.
Directs the Secretary of the Treasury to instruct the U.S. executive directors of the international financial institutions to oppose any extension of financial or technical assistance or grants of any kind to the government of Serbia-Montenegro, unless the President makes such certification.
Authorizes a presidential waiver of this section to meet emergency humanitarian needs or to advance negotiations toward a peaceful settlement of the conflict in Kosova acceptable to the parties.
States that this certification requirement shall not apply to Montenegro (sic).
(Sec. 540) Continues the authorization for the use of foreign assistance funds to support tropical forestry and biodiversity conservation activities and energy programs aimed at reducing greenhouse gas emissions.
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 (reinstated in 1997) and of American firms having commercial ties with Israel; and (2) steps the President should take to encourage such renunciation.
(Sec. 541) Authorizes the use of ESF funds to strengthen the administration of justice (including anti-narcotics activities) in countries in Latin America, the Caribbean, and in other regions.
(Sec. 547) 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. 548) Prohibits the use of funds to pay any assessments, arrearages, or dues of any UN member.
(Sec. 551) 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 such assistance is in the U.S. national interest.
(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 of 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) 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. 558) Limits the amount of certain foreign assistance funds to Latin America and the Caribbean region.
(Sec. 559) 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. 560) Authorizes the President to engage in certain debt buybacks or sales, subject to certain conditions.
(Sec. 561) 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 credible and competent provisional election council acceptable to a broad spectrum of political parties and civic groups.
Authorizes appropriations for the development and support of political parties and civic groups.
Conditions the provision of appropriated funds to Haiti's Ministry of Justice for the training of judges upon a presidential report to specified congressional committees that the Ministry: (1) has by certain steps demonstrated a commitment to the professionalization of judicial personnel; and (2) is making progress in making the judicial branch independent from the executive branch. Exempts from such conditions any funds to support the training of prosecutors, judicial mentoring, and case management.
(Sec. 562) 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. 563) 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. 564) Requires the Secretary of Labor to report to specified congressional committees on labor practices in Burma, including child labor and forced labor on the Yadonna gas pipeline, and the U.S. government's efforts to address and correct forced labor practices.
(Sec. 565) Makes the Government of Haiti eligible to purchase defense articles and services for the civilian-led Haitian National Police and Coast Guard.
(Sec. 566) 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. 567) 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. 568) 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. 569) 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. 570) 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. 571) Makes funds available for FY 1999 for defense article stockpiles in foreign countries, including the Republic of Korea and Thailand.
(Sec. 572) 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. 573) 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. 574) 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. 575) Bars funds to the central Government of the Democratic Republic of Congo until the President reports to specified congressional leaders and committees that it is: (1) investigating and prosecuting those responsible for civilian massacres, serious human rights violations, or other atrocities; and (2) implementing a credible democratic transition program.
(Sec. 576) 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. 577) 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. 578) 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. 580) Makes specified funds available for bilateral assistance for population planning activities.
(Sec. 581) Directs the Secretaries of Defense and of State to report jointly to the Congress on all 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. 582) Authorizes the availability of certain nonproliferation, anti-terrorism, and demining funds for KEDO, subject to specified conditions, but only for the administrative expenses and heavy fuel oil costs associated with the Agreed Framework.
Directs the President to name a North Korea Policy Coordinator to: (1) conduct a full interagency review of U.S. policy toward North Korea; (2) provide policy direction for negotiations with North Korea about nuclear weapons, ballistic missiles, and other security related issues; and (3) provide leadership for U.S. participation in KEDO.
Requires the Secretary of State and the Secretary of Defense to report annually to the Congress on specified issues with respect to KEDO.
(Sec. 583) Specifies the general contents of the annual report of the National Advisory Council on International Monetary and Financial Policies, under the International Financial Institutions Act, assessing the effectiveness of the major policies and operations of the international financial institutions, and progress made and steps taken to achieve U.S. policy goals with respect to such institutions.
(Sec. 584) Prohibits the use of funds to provide any form of assistance to the Palestinian Broadcasting Corporation.
(Sec. 585) Declares the sense of the Congress with respect to vigorous, including surprise, inspections within Iraq by the IAEA and the United Nations Special Commission (UNSCOM). Urges the United States to oppose any efforts to ease the inspections regimes on Iraq until there is clear, credible evidence that the Government of Iraq is in full compliance with all relevant UN resolutions. Requires an assessment for the Congress of Iraq's nuclear and other weapons of mass destruction programs and its efforts to procure them and their means of delivery.
(Sec. 586) Declares the sense of the Senate that there should be no change in U.S. policy toward Iran until there is credible and sustained evidence of a change in Iranian policies, including steps to end its: (1) support of international terrorism; (2) opposition to the Middle East peace process; and (3) development and proliferation of weapons of mass destruction and their means of delivery.
(Sec. 587) Establishes within the Office of the Administrator of AID an Office of Security, to which are transferred all security functions, appropriations, and personnel of the Office of Inspector General of AID.
(Sec. 588) Declares the sense of the Congress that: (1) North Korea should be forcefully condemned for its August 31, 1998, firing of a Taepo Dong I intermediate-range ballistic missile over the sovereign territory of Japan; (2) the United States should reassess its cooperative space launch programs with countries that continue to assist North Korea and Iran in their ballistic missile and cruise missile programs; (3) any financial or technical assistance provided to North Korea should take into account its continuing activities destabilizing the region, including the missile firing, continued submarine incursions into South Korea territorial waters, and violations of the demilitarized zone separating North Korea and South Korea; (4) the recommendations of the Commission to Assess the Ballistic Missile Threat to the United States should be quickly incorporated into the analytical processes of the U.S. intelligence community; and (5) the United States should accelerate cooperative theater missile defense programs with Japan.
(Sec. 589) Amends the Foreign Assistance Act of 1961 to authorize the Secretary of the Treasury to establish a program to provide both short- and long-term technical assistance to foreign governments and foreign central banks of developing or transitional countries. Requires the Secretary of State to provide the Secretary with foreign policy guidance.
Directs the Secretary to provide advisers with appropriate expertise to advance the enactment of laws and establishment of administrative procedures and institutions in such countries with respect to tax systems, debt issuance and management, budget planning and implementation, commercial banking sector development, and financial law enforcement.
Sets forth administrative requirements and authorities. Authorizes appropriations.
Amends Federal civil service law to authorize payment of the travel expenses of up to two persons to escort from the place of death to the individual's home, official station, or other appropriate place of interment the remains of a deceased employee whose death occurred in travel status away from his official station in the United States or while performing official duties outside the United States.
(Sec. 590) Earmarks funds for assistance to the Iraqi democratic opposition for specified activities, including a certain amount to the Iraqi National Congress for the benefit of all its constituent groups.
(Sec. 591) Establishes a National Commission on Terrorism to review counter-terrorism policies regarding the prevention and punishment of international acts of terrorism directed at the United States. Authorizes appropriations.
(Sec. 592) Prohibits the use during FY 1999 of specified authority under the Foreign Assistance Act of 1961 to authorize the use of more than the amount authorized for KEDO under section 582.
(Sec. 593) Declares that it is the sense of the Congress that, among other things, the Administration should more actively support democratic institutions and processes in Indonesia and provide assistance for continued economic and political development in that country, including specified measures. Requires the Secretary of State to report to the Congress an assessment of U.S. Government actions taken to work with the Government of Indonesia to further such objectives.
Declares the sense of the Congress: (1) condemning the mistreatment of ethnic Chinese in Indonesia and the criminal acts carried out against them during the May 1998 riots; (2) commending the Indonesian Government's investigation of armed forces members suspected of involvement in the riots and related criminal acts; (3) urging the Indonesian Government to take certain actions to protect the human rights and physical safety of the ethnic Chinese community; and (4) urging the Administration and the UN to continue to support and assist the Indonesian Government and non-governmental organizations in the investigations into the May 1998 riots in order to expedite such investigations.
(Sec. 594) Requires the President to notify in detail specified congressional committees at least 15 days before the export of a lethal defense article or service of $14 million or less to certain countries, including those currently ineligible to receive IMET or Foreign Military Financing Program funds.
(Sec. 595) Declares the sense of the Congress urging public release of information in Federal agencies about the murder of four American churchwomen in El Salvador on December 2, 1980. Urges the President to direct the Attorney General to review and report to the Congress on the circumstances under which individuals involved in either the murders or their cover-up obtained residence in the United States.
(Sec. 596) Declares the sense of the Congress regarding the trial in the Netherlands of the suspects indicted in the bombing of Pan Am Flight 103 over Lockerbie, Scotland, on December 21, 1988. Urges Colonel Qadaffi promptly to transfer the indicted suspects to the Netherlands to stand trial before the Scottish court. Urges the U.S. Government: (1) to remain firm in its commitment not to negotiate with Colonel Qadaffi on any of the details of the proposal approved by the United Nations in UN Security Council Resolution 1192; and (2), if Colonel Qadaffi does not transfer the suspects to the Netherlands, to promote adoption of a resolution in the UN Security Council to impose a multilateral oil embargo against Libya.
(Sec. 597) Declares that it is the sense of the Congress that the U.S. Government should promote international cooperation in working to resolve those cases in which children in the United States are abducted by family members who are foreign nationals and taken to foreign countries, and in seeing that justice is served by holding abductors accountable for criminal violations.
Title VI: International Financial Programs and Reform - Earmarks dollar equivalents to specified amounts of Special Drawing Rights for: (1) an increase in the U.S. quota in the International Monetary Fund (IMF); and (2) loans to the 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, specified policies.
Requires 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) provide a legal basis for nondiscriminatory treatment in insolvency proceedings between domestic and foreign creditors, and for debtors and other concerned persons.
Requires policies providing for public inspection of: (1) a full written summary of any meeting of the IMF Executive Board at which a Letter of Intent, a Policy Framework Paper, an Article IV economic review consultation with a member country, or a change in a general policy of the International Monetary Fund is discussed; and (2) a copy of any Letter of Intent, Memorandum of Understanding, or Policy Framework Paper discussed at such a meeting.
Requires policies providing that, in circumstances where a country is experiencing balance of payments difficulties due to a large short- term financing need resulting from a sudden and disruptive loss of market confidence, loans made from the IMF's general resources are: (1) made available at an interest rate that reflects an adjustment for risk not less than 300 basis points in excess of the average of the market-based short-term cost of financing its largest members; and (2) repaid within one to two-and-a-half years from each disbursement.
(Sec. 602) Requires the Secretary of the Treasury to instruct the U.S. Executive Director at the IMF to exert influence to oppose further disbursement of funds to the Republic of Korea under the Republic's Standby Arrangement of December 4, 1997, unless the Secretary certifies to specified congressional committees that: (1) no IMF resources made available under the Arrangement have been used to provide financial assistance to the semiconductor, steel, automobile, shipbuilding, or textile and apparel industries; (2) the IMF has neither guaranteed nor underwritten the private loans of manufacturers in such industries; and (3) officials from the IMF and the Department of the Treasury have monitored the implementation of the Arrangement, and all its conditions have either been met or the Republic has committed itself to fulfill them according to an explicit timetable.
(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 international financial institutions, the World Trade Organization (WTO), and the Bank for International Settlements.
(Sec. 604) Requires the Secretary of the Treasury to instruct the U.S. Executive Director at the IMF to: (1) 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; and (2) exert influence to strengthen IMF procedures for ascertaining that funds the IMF disburses are used by the central bank (or other fiscal agent) of a borrowing country in a manner that complies with the conditions of the IMF program for the country.
(Sec. 606) Requires the Secretary of the Treasury to make annual progress reports to specified congressional committees on efforts to reform the architecture of the international monetary system.
(Sec. 608) 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. 610) 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) establishment of an independent monetary policy authority that provides for a non-inflationary domestic currency fully convertible in foreign exchange markets; (2) privatization of government enterprises; (3) economic deregulation; (4) development of internationally acceptable domestic bankruptcy laws; (5) burden- sharing by investors and creditors; (6) improvement of core labor standards; and (7) 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. 611) Amends the International Financial Institutions Act to direct the Secretary of the Treasury to instruct the U.S. Executive Director of the IMF to use the voice and vote of the United States to 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. 612) 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. 613) 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; 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.
Department of the Interior and Related Agencies Appropriations Act, 1999 - Title I (sic): Department of the Interior - Makes appropriations for the Bureau of Land Management (BLM) for: (1) land and resource management; (2) wildland fire management; (3) remedial action of hazardous waste substances; (4) construction; (5) payments in lieu of taxes to local governments; (6) land acquisition; (7) Oregon and California grant lands; (8) range improvements; (9) service charges, deposits, and forfeitures with respect to public lands; and (10) miscellaneous trust funds.
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.
Appropriates funds for the U.S. Fish and Wildlife Service for: (1) resource management; (2) construction; (3) land acquisition; (4) expenses related to carrying out the Endangered Species Act of 1973; (5) the National Wildlife Refuge Fund; (6) expenses related to carrying out the North American Wetlands Conservation Act; (7) the Wildlife Conservation and Appreciation Fund; and (8) expenses related to carrying out the African Elephant Conservation Act, the Asian Elephant Conservation Act of 1997, and the Rhinoceros and Tiger Conservation Act of 1994.
Mandates corrections to a map depicting a specified unit of the Coastal Barrier Resources System to exclude Pumpkin Key from the System.
Makes appropriations for the National Park Service (NPS) for: (1) the National Park System; (2) national recreation and preservation activities; (3) expenses related to carrying out the Historic Preservation Act of 1966; (4) construction; and (5) land acquisition and State assistance from the Land and Water Conservation Fund.
Rescinds specified contract authority to obligate funds from the Land and Water Conservation Fund for FY 1999.
Makes appropriations for: (1) the U.S. Geological Survey for surveys, investigations, and research; (2) the Minerals Management Service for royalty and offshore minerals management and oil spill research; (3) the Office of Surface Mining Reclamation and Enforcement for regulation and technology and the Abandoned Mine Reclamation Fund; (4) the Bureau of Indian Affairs (BIA) for operation of Indian programs, construction, miscellaneous payments to Indians, Indian guaranteed loans, and a pilot program for consolidation of fractional interests in Indian lands; (5) assistance to U.S. territories and for carrying out the Compacts of Free Association with respect to Micronesia, the Marshall Islands, and Palau; (6) departmental management, the Offices of the Solicitor and the Inspector General; (7) trust programs for Indians; (8) natural resource damage assessment; and (9) management of Federal lands in Alaska for subsistence uses.
Sets forth authorized and prohibited uses of specified funds.
(Sec. 107) Prohibits the use of funds provided in this title for specified offshore leasing and related activities.
(Sec. 116) Sets forth provisions regarding voluntary separation incentives, severance pay, and continued health benefits for employees of the NPS Denver Service Center, Presidio, and Golden Gate National Recreation Area.
(Sec. 118) Designates the River Valley Trail from the town of Delaware Gap to the edge of the town of Milford, Pennsylvania, located within the Delaware Water Gap National Recreation Area as the Joseph M. McDade Recreational Trail.
(Sec. 120) Directs the Secretary of the Interior (Secretary) to enter into an agreement with and provide funding to the National Academy of Sciences, the Board on Earth Sciences and Resources, to conduct a study of the environmental and reclamation requirements related to mining of locatable materials on Federal lands and the adequacy of those requirements in preventing degradation of such lands in each State in which such mining occurs. Requires a report to appropriate Federal agencies, the Congress, and Governors of affected States.
Bars the Secretary from promulgating any final regulations to change BLM surface management regulations prior to September 30, 1999.
(Sec. 122) Directs BLM to determine whether certain property in Nome, Alaska, must be conveyed to the Sitnasuak Native Corporation pursuant to the Alaska Native Claims Settlement Act. Provides that if BLM determines that the Corporation is not entitled to such property, the Secretary shall convey such property to Kawerak, Inc., a nonprofit tribal organization. Subjects such conveyance to valid existing rights and specified rights of way.
(Sec. 123) Requires the Secretary and the State of Alaska to cooperate in the development of a management plan for the regulation of commercial fisheries in Glacier Bay National Park pursuant to existing State and Federal statutes and international conservation and management treaties. Provides for commercial fishing in the marine waters within the Park outside of the Bay proper and in such waters within the Bay, as specified. Limits commercial fishing in the nonwilderness waters within the Bay to certain individuals holding lifetime access permits.
Prohibits commercial fishing in the designated wilderness waters within the Park and Preserve, including the waters of the Beardslee Islands and Upper Dundas Bay. Provides compensation to certain individuals who engaged in commercial fishing for Dungeness crab in such waters during a specified time period, who have agreed to discontinue such fishing in Glacier Bay, and who meet other specified conditions.
(Sec. 124) Authorizes the renewal of grazing permits which expire during FY 1999, for the balance of FY 1999 or until BLM completes permit processing, whichever comes first. Provides for modification of such permits, if necessary, and authorizes reissuance for a term of up to ten years.
(Sec. 125) Requires the Secretary, acting through the BLM Director, to convey specified property to the town of Pahrump, Nevada, subject to valid existing rights. Subjects such property to reversion to the United States if it is used for purposes other than that of a public fairground or related public purpose.
(Sec. 127) Bars the use of funds provided by any Act by the Secretary to acquire State, private, or other non-Federal lands in the State of Alaska unless the Secretary seeks to exchange unreserved public lands before purchasing lands in Alaska.
(Sec. 128) Designates the Charleston Public School complex in Charleston, Arkansas, as the Charleston National Commemorative Site in commemoration of the Charleston schools' role as the first public school district in the South to integrate following the Brown v. Board of Education Supreme Court decision.
(Sec. 129) Directs BIA to develop and report to the Congress on alternative methods to fund tribal priority allocations base programs in future years. Requires such alternatives to consider tribal revenues and relative needs of tribes and tribal members. Describes income to be included and excluded in calculations of tribal revenue.
(Sec. 130) Prohibits the use of funds in any Act to issue a notice of final rulemaking with respect to the valuation of crude oil for royalty purposes until June 1, 1999, or until there is a negotiated agreement on the rule.
(Sec. 132) 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. 133) Amends the Tribal Self-Governance Act to require unexpended or unused Federal funds provided in connection with tribal self-governance agreements to be returned to the Treasury.
(Sec. 134) Mandates corrections to a specified set of Coastal Barrier Resources System maps to restore the September 30, 1982, boundary for Unit M09 on the portion of Edisto Island near Jeremy Cay Causeway.
(Sec. 135) Ratifies a specified land exchange agreement between the Heirs, Designees, and Assigns of the Palakia Melgenak and the United States. Requires lands acquired by the United States pursuant to such agreement to be administered as part of the Katmai National Park in Alaska. Designates certain lands as part of the Katmai Wilderness.
(Sec. 138) Amends Federal law to authorize the Secretary of the Interior to acquire private land, easements, and buildings within the areas authorized for acquisition for the Chickamauga and Chattanooga National Military Park.
(Sec. 139) Provides that amounts paid in full by the Secretary of the Interior before this Act's enactment for the purchase of Federal royalty oil by a refiner pursuant to specified preferences for small refiners under the Mineral Leasing Act and the Outer Continental Shelf Lands Act are ratified and deemed to be the refiner's total obligation to the United States for such purchases, subject to a certain condition.
(Sec. 141) Revises Federal provisions establishing the Indiana Dunes National Lakeshore to eliminate the requirements that a person owning improved property included within the Lakeshore's boundaries must have owned such property on October 1, 1991, and must have made a bona fide written offer not later than October 1, 1997, to sell the property to the Secretary of the Interior in order to retain a right of occupancy and use of such property for noncommercial residential purposes for a fixed term not to extend beyond October 1, 2020.
(Sec. 145) Names: (1) the principal visitor center for the Santa Monica Mountains National Recreation Area as the Anthony C. Beilenson Visitor Center; and (2) the Redwood Information Center in Orick, California, as the Thomas H. Kuchel Visitor Center.
(Sec. 149) Directs the Secretary of the Interior to convey a specified road easement and right of way to the city of Juneau, Alaska.
(Sec. 150) Exempts all properties administered by the NPS at Fort Baker, Golden Gate National Recreation Area, and other agreements associated with such properties from all taxes and special assessments, except sales tax, by the State of California and its political subdivisions.
Incorporates provisions similar to those contained in the Department of the Interior and Related Agencies Appropriations Act, 1998 (Public Law 105-83) concerning: (1) employees of BLM's Helium Operations; and (2) Huron Cemetery in Kansas City, Kansas.
Title II: Related Agencies - Makes appropriations for the Department of Agriculture for the Forest Service for: (1) forest and rangeland research; (2) State and private forestry; (3) the National Forest System; (4) wildland fire management; (5) construction and reconstruction; (6) land acquisition; (7) range rehabilitation and improvement;(8) forest and rangeland research; and (9) management of national forest lands in Alaska for subsistence uses.
Limits the amount of funds to be made available to the Department of Energy in FY 2000, 2001, and 2002 that were made available in prior years for clean coal technology projects.
Makes appropriations for the Department of Energy for: (1) fossil energy research and development activities; (2) naval petroleum and oil shale reserve activities; (3) expenses in fulfilling the first installment under a specified settlement agreement for payment to the State of California for the State Teachers' Retirement Fund from the Elk Hills School Lands Fund; (4) energy conservation; (5) economic regulation activities of the Office of Hearings and Appeals; (6) the Strategic Petroleum Reserve; and (7) the Energy Information Administration.
Makes appropriations for the Department of Health and Human Services for the Indian Health Service and Indian health facilities.
Makes appropriations for: (1) the Office of Navajo and Hopi Indian Relocation; (2) the Institute of American Indian and Alaska Native Culture and Arts Development; (3) the Smithsonian Institution, including amounts for repair and restoration of buildings owned or occupied by the Smithsonian; (4) construction and improvements at the National Zoological Park; (5) construction; (6) the National Gallery of Art, including an amount for repair and restoration of facilities owned or occupied by the National Gallery; (7) operations, maintenance, and construction expenses of the John F. Kennedy Center for the Performing Arts; (8) carrying out the Woodrow Wilson Memorial Act of 1968; (9) the National Endowment for the Arts (NEA); (10) the National Endowment for the Humanities; (11) the Institute of Museum and Library Services; (12) the Commission of Fine Arts; (13) the Advisory Council on Historic Preservation; (14) the National Capital Planning Commission; (15) the Holocaust Memorial Council; and (16) the Presidio trust.
Sets forth provisions regarding uses of, and limitations on, funds appropriated under this title.
Title III: General Provisions - Sets forth limitations on the use of funds under this Act, including Buy American requirements.
Incorporates provisions similar to those contained in the Department of Interior and Related Agencies Appropriations Act, 1998 (Public Law 105-83) concerning: (1) the sale of timber from giant sequoias; (2) the underground lunchroom at Carlsbad Caverns National Park; (3) funding for the Americorps program; (4) the bridge between Jersey City, New Jersey, and Ellis Island; (5) patents for mining or mill site claims; (6) land acquisition for the Wayne National Forest; (7) competition for watershed restoration project contracts in the Pacific Northwest; (8) designation of Biosphere Reserves; (9) nudity in Canaveral National Seashore in Brevard County, Florida; (10) restrictions on NEA grants; and (11) watershed restoration and enhancement agreements.
(Sec. 327) Amends Federal law to extend the authority of the Secretaries of the Interior and Agriculture (acting through BLM and the Forest Service, respectively) to collect fees to be used for operation and maintenance of recreation areas and habitat enhancement through FY 2001.
(Sec. 329) Prohibits, in the financing of any forest development road, the provision of credit for road construction to any purchaser of national forest timber or products. Sets forth related provisions regarding the construction of roads by timber purchasers.
(Sec. 330) Amends the National Foundation on the Arts and Humanities Act of 1965 to increase the number of Senators appointed by the Senate Majority Leader to serve on the National Council on the Arts from one to two.
(Sec. 331) Amends the Department of the Interior and Related Agencies Appropriations Act, 1998 to extend by one year the sunset date by which funds must be appropriated from the Environmental Improvement and Restoration Fund.
(Sec. 333) Amends the Arts and Artifacts Indemnity Act to increase certain coverage limits for loss or damage of items covered by indemnity agreements under such Act. Adds new coverage provisions for loss or damage exceeding $3 million.
(Sec. 334) Validates all conveyances of specified real property made by the Southern Pacific Transportation Company or its successors to the Redevelopment Agency of the City of Tulare, California, to the extent that such conveyances would be legal or valid if all U.S. rights and interest (except minerals) were held by such Company.
Disclaims any and all U.S. right of surface entry to the mineral estate of such lands.
(Sec. 336) Amends the Indian Health Care Improvement Act to extend a certain demonstration program for direct billing by Indian tribes, tribal organizations, and Alaska Native health organizations of Medicare, Medicaid, and other third party payors through FY 2000.
(Sec. 337) Repeals provisions of the Petroleum Overcharge Distribution and Restitution Act of 1986 regarding: (1) restitution to persons injured by violations of certain petroleum pricing and allocation regulations; (2) excess amounts held in escrow accounts to be used for indirect restitution; and (3) disbursement of such excess amounts for energy conservation programs.
(Sec. 339) Prohibits the Secretaries of the Interior and Agriculture, prior to December 1, 2000, from implementing any final rule, regulation, or policy pursuant to title VIII of the Alaska National Interest Lands Conservation Act (ANILCA) to manage and assert control over land, water, and wild, renewable resources in Alaska for subsistence uses, with exceptions for specified public lands subject to Federal management for such uses.
Directs the Secretary of the Interior to certify before October 1, 1999, if legislation has been passed by the Alaska State Legislature that would enable the implementation of State laws consistent with a specified definition, preference for subsistence uses in the taking of fish and wildlife on public lands, and participation under ANILCA. Repeals the restriction on Federal management under this section unless the Secretary makes such certification.
(Sec. 341) Conveys the Wind River Nursery Site lands and facilities to Skamania County, Washington, in exchange for certain lands conveyed to the Secretary of Agriculture within the Columbia River Gorge National Scenic Area, to be included in the Gifford Pinchot National Forest.
(Sec. 342) Adjusts the boundary of: (1) the Lake Chelan National Recreation Area, Washington, to exclude a certain parcel of land and waters; and (2) the Wenatchee National Forest, to include such parcel.
Transfers administrative jurisdiction over Federal land and waters in the parcel from the Secretary of the Interior to the Secretary of Agriculture.
Considers the boundaries of the Forest to be those as of January 1, 1965, for purposes of Federal provisions concerning allocation of Land and Water Conservation Fund monies for Federal purposes.
(Sec. 343) Authorizes the Secretary of Agriculture to conduct technology transfer and development, training, dissemination of information, and applied research in the management, processing, and utilization of the hardwood forest resource.
Permits the Secretary of Agriculture to: (1) assume all rights, title, and interest of the Robert C. Byrd Hardwood Technology Center, a nonprofit corporation operating under the laws of the State of West Virginia; and (2) operate and utilize Center assets as part of a newly formed Institute of Hardwood Technology Transfer and Applied Research. Requires Institute revenues to be deposited in a special Treasury fund known as the Hardwood Technology Transfer and Applied Research Fund.
(Sec. 347) Authorizes the Forest Service, until September 30, 2002, to enter into up to 28 contracts with private persons (of which Region One of the Forest Service shall have authority to enter into nine) to perform services to achieve land management goals for national forests that meet local and rural community needs.
Permits the Forest Service, in connection with a contract, to apply the value of timber or other forest products removed as an offset against the cost of services received.
(Sec. 348) Directs the Forest Service and the Federal Highway Administration to make a specified amount available to the State of Utah for construction of the Trappers Loop connector road.
(Sec. 349) Declares that the United States shall not deem as an infringement upon its ownership rights certain existing Federal contracts and leases covering land conveyed by the United States that in turn convey to surface patent holders any rights to coalbed methane gas exploration, extraction, sales, or production.
Declares that this Act is applicable only to land with respect to which the United States owns coal reserved to it in a patent issued under specified Federal law.
States that this Act: (1) does not apply to any tribally owned interest in coal or land; and (2) does not limit the right of any person who entered into a contract or lease for federally owned coal before, on, or after the date of enactment of this Act to mine and remove such coal or to release coalbed methane without liability to surface patent holders with rights to explore for, extract, sell, or produce coalbed methane.
(Sec. 350) Sets forth requirements for the sale of western red cedar timber sold in Region 10 of the Forest Service, including those regarding the volume of such timber available for domestic processors.
(Sec. 353) Appropriates funds for: (1) the Aleutians East Borough for construction of an unpaved road on King Cove Corporation Lands, dock, and marine facilities and equipment; (2) improvements to the air strip at King Cove, Alaska; and (3) the Indian Health Service for new construction or improvements to the clinic in King Cove.
(Sec. 354) Amends the Columbia River Gorge National Scenic Area Act to exclude certain lands from the Columbia River Gorge National Scenic Area.
(Sec. 358) Designates the Federal building: (1) located at 15013 Denver West Parkway in Golden, Colorado, and known as the National Renewable Energy Laboratory Visitors Center as the Dan Schaefer Federal Building; (2) under construction at 325 Broadway in Boulder, Colorado, as the David Skaggs Federal Building; and (3) located at 201 14th Street, S.W. in Washington, D.C. as the Sidney R. Yates Federal Building.
(Sec. 361) Rescinds specified funds approved for priority land acquisitions, land exchanges, and maintenance in the Department of the Interior and Related Agencies Appropriations Act, 1998 if such funds are not made available for obligation by the relevant land management agencies within five days of this Act's enactment.
(Sec. 362) Repeals a provision of the Federal Crop Insurance Reform and Department of Agriculture Reorganization Act of 1994 that prohibits pay of Department of Agriculture employees from being increased as a result of departmental reorganization.
Title IV: The Herger-Feinstein Quincy Library Group Forest Recovery Act - Herger-Feinstein Quincy Library Group Forest Recovery Act - Directs the Secretary of Agriculture, acting through the Forest Service and after completion of an environmental impact statement, to conduct a pilot project within the Plumas, Lassen, and Tahoe National Forests, California, to demonstrate the effectiveness of specified fire resiliency resource management activities recommended by the Quincy Library Group-Community Stability Proposal.
(Sec. 401) Exempts spotted owl habitat and protected areas within the project area from such required activities and timber harvesting. Provides for riparian protection.
Limits: (1) annual project acreage; (2) funding sources; (3) project duration; and (4) report expenditures. Requires corresponding amendments to be made to the Plumas, Lassen, and Tahoe land and resource management plans within a specified time.
Sets forth reporting provisions.
Requires the Alternative Agricultural Research and Commercialization Corporation to evaluate making commercialization assistance loans to support a minimum of two demonstration projects (one in the pilot project area and one in southeast Alaska) for the development and demonstration of commercial application of technology to convert wood waste or low-quality wood byproducts into usable, higher value products.
Title V: Land Between the Lakes Protection Act - Land Between the Lakes Protection Act of 1998 - Subtitle A: Establishment, Administration, and Jurisdiction - Establishes, after a specified transfer under this Act, the Land Between the Lakes National Recreation Area in Kentucky and Tennessee as a unit of the National Forest System.
(Sec. 511) Directs the Secretary of Agriculture (Secretary) to manage the Area for multiple uses, including public recreation, fish and wildlife habitat conservation, plant and animal diversity, hunting and fishing, and environmental education.
(Sec. 513) Provides for payments to States and counties in lieu of taxes, including payments by the Tennessee Valley Authority (TVA).
(Sec. 514) Considers all Area paved roads as forest highways.
Subtitle B: Management Provisions - Directs the Secretary, as soon as practicable after the transfer, to prepare a land and resource management plan for the Area in conformity with the National Forest Management Act of 1976, allowing the existing TVA natural resource management plan to provide interim management direction.
(Sec. 522) Establishes the Land Between the Lakes Advisory Board.
(Sec. 523) Authorizes the Secretary to charge reasonable fees for admission to and use of designated sites, or for activities, within the Area, with receipts to be deposited into the Land Between the Lakes Management Fund and used for Area management expenses.
(Sec. 526) Authorizes the Secretary to issue a special use authorization to the U.S. Fish and Wildlife Service for management of facilities and land agreed on by the Secretary and the Secretary of the Interior. Authorizes the charge of reasonable fees upon lands administered by the Service. Subordinates Service fish and wildlife activities to overall Area management.
(Sec. 527) Designates the North-South Trail in the Area as a national recreation trail under the National Trails System Act.
(Sec. 528) Directs the Secretary to maintain an inventory of and ensure access to all Area cemeteries for burial, visitation, and maintenance.
(Sec. 529) Withdraws Area lands from operation under the Federal mining and mineral leasing laws. Authorizes the Secretary to permit the use of mineral materials for Area development and maintenance. Directs the Secretary to permit hunting and fishing within the Area, with exceptions for reasons of public safety, administration, or public use and enjoyment.
(Sec. 530) Requires the TVA to cause any breach in the Hematite Dam to be repaired or, if such repairs have been made, to certify the sound condition of the dam to the Secretary.
(Sec. 531) Establishes the Land Between the Lakes Trust Fund for: (1) public education, grants, and internships relating to Area recreation, conservation, and multiple use land management; and (2) regional promotion in the Area. Directs the TVA to deposit $1 million annually into the Fund for each of five fiscal years commencing in the first fiscal year of the transfer.
Subtitle C: Transfer Provisions - Transfers administrative jurisdiction over the Area from the TVA to the Secretary, effective on October 1 of the first year for which the Congress does not appropriate to the TVA at least $6 million for the Area or on this Act's enactment date, if this Act is enacted during a fiscal year for which the Congress has not made such an appropriation. Calls for the transfer to be completed in an efficient and cost-effective manner, with due consideration to minimum disruption of the personal lives of TVA and Forest Service employees and others affected by such transfer. Directs the Secretary and the TVA to enter into a memorandum of agreement implementing the transfer. Provides the Secretary with access to all TVA Area management records.
(Sec. 545) Directs the TVA to: (1) provide the Secretary with an inventory of all Area property and facilities; and (2) use current TVA Area personnel (eligible employees) to facilitate the transfer of necessary property and facilities. Authorizes the Secretary to declare as excess any personal property that cannot be efficiently managed and maintained either by the Forest Service or by lease or permit to others.
(Sec. 546) Requires transfer compliance with all applicable environmental laws, under specified procedures.
(Sec. 547) Authorizes the Secretary to hire appropriate personnel and retain eligible employees. Directs the TVA to notify all eligible employees of openings in other TVA units before notifying other individuals of such openings. Requires the Secretary and the heads of the Office of Personnel Management, the TVA, and the Tennessee Valley Authority Retirement System to enter into a memorandum of understanding for the transition of all eligible employees with respect to compensation made available through such System. Sets forth other employee transition provisions.
(Sec. 549) Describes funds to be used by the TVA for costs associated with the transfer.
Subtitle D: Funding - Authorizes appropriations to the Secretaries of Agriculture and the Interior for Area administration and activities.
Title VI: Interstate 90 Land Exchange Act - Interstate 90 Land Exchange Act of 1998 - Provides for: (1) an exchange of private and Federal lands in specified lands adjacent to the Alpine Lakes Wilderness, lands near Cle Elum and Lost Lakes, or the Mt. Baker-Snoqualmie, Wenatchee, and Gifford Pinchot National Forests, Washington, between the Secretary of Agriculture and Plum Creek Timber Company, L.P.; (2) land appraisals, including considerations for critical habitat protection, and equalization requirements; and (3) access to acquired lands. Requires lands acquired by the Secretary to become part of the appropriate national forest.
(Sec. 606) Directs the Secretary to complete determinations under the National Historic Preservation Act and report to Plum Creek and other consulting parties on any parcels of land to be conveyed on which cultural properties have been identified and for which protection, use restrictions, or mitigation requirements will be imposed. Requires Plum Creek to notify the Secretary as to: (1) parcels it will accept subject to such restrictions or mitigation requirements; and (2) those it will not accept because such requirements are deemed to be an unacceptable encumbrance on the land. Directs the Secretary to delete parcels deemed unacceptable for conveyance from land selected for exchange.
(Sec. 607) Authorizes and directs the Secretary to consult with Plum Creek concerning: (1) certain lands desirable for addition to the National Forest System that are excluded from the land exchange but that Plum Creek is willing to sell; (2) opportunities for the United States to acquire by exchange or purchase lands along the Tieton River; and (3) opportunities for the United States to acquire lands deleted from the final exchange or other Plum Creek lands in the State of Washington for a future exchange.
Requires the Secretary to report to specified congressional committees on future land exchange opportunities with Plum Creek.
(Sec. 610) Provides for: (1) review of the lands included in the Alpine Lakes Wilderness Study Area, if the land exchange directed by this Act is consummated, for preservation as wilderness; and (2) administration of such lands as wilderness until December 31, 2003.
(Sec. 611) Establishes the Kelly Butte Special Management Area in the Mt. Baker-Snoqualmie National Forest upon conveyance to the United States of the Plum Creek lands in the Kelly Butte area.
(Sec. 612) Requires the Secretary to consult with appropriate congressional committees and local elected officials in the counties in Washington in which the offered lands are located regarding options to minimize the adverse effect on county revenues of the transfer of offered lands from private to Federal ownership.
Title VII: Indian Tribal Tort Claims and Risk Management - Indian Tribal Tort Claims and Risk Management Act of 1998 - Directs the Secretary of the Interior, in order to minimize and eliminate duplicative liability insurance coverage and to ensure the provision of cost-effective insurance to Indian tribes, to conduct a survey of the degree, type, and adequacy of liability insurance coverage of such tribes.
(Sec. 704) Requires the Secretary to report annually to the Congress legislative recommendations that: (1) improve the provision of insurance coverage to Indian tribes; or (2) otherwise provide relief to persons injured as a result of an official action of a tribal government.
(Sec. 705) Authorizes appropriations.
Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1999 - Title I (sic): 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 training and employment services for the Opportunity Areas of Out-of-School Youth.
Sets forth authorized uses of, and limitations on, funds appropriated under this title.
(Sec. 102) 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, disease, 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. 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. 213) Prohibits the final rule entitled "Organ Procurement and Transplantation Network (OPTN)" from becoming effective before the expiration of the one-year period beginning on this Act's enactment date.
Directs the Institute of Medicine to conduct a review of current OPTN policies and the final rule to determine: (1) the potential impact on access to transplantation services for low-income populations and minority groups, waiting times for transplants, patient survival and organ failure rates, costs, OPTN member liability, and confidential information; (2) specified impacts on organ procurement organizations; and (3) recommendations to change such policies and rule. Requires the Comptroller General to submit a report on such review to specified congressional committees.
Transfers specified funds appropriated under this Act to the Comptroller General for carrying out studies required by this section.
(Sec. 214) 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. 216) 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.
(Sec. 218) Amends PHSA to set forth provisions regarding minimum allotments to States in FY 1999 for certain block grants regarding mental health and substance abuse.
(Sec. 219) Declares that no provider of services under title X of PHSA shall be exempt from any State law requiring notification or the reporting of child abuse, child molestation, sexual abuse, rape, or incest.
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) reading excellence; (6) Indian education; (7) bilingual and immigrant education; (8) special education; (9) rehabilitation services and disability research; (10) 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; (11) vocational and adult education; (12) student financial assistance; (13) the Federal Family Education Loan program account; (14) higher education; (15) Howard University; (16) the college housing and academic facilities loans program; (17) the historically Black college and university capital financing program account; (18) education research, statistics, and improvement; (19) departmental management; (20) the Office for Civil Rights; and (21) 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 to field or pilot test, implement, administer, or distribute national tests. Makes such prohibition inapplicable to the International Math and Science Study 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.
Provides that exclusive authority over the direction and all policies for developing voluntary national tests shall continue to be vested in the National Assessment Governing Board.
Requires the Board to report to the White House and specified congressional committees on: (1) the purpose and intended use of any proposed federally sponsored national test; and (2) findings of the National Academy of Sciences (NAS) that assert that the achievement levels of the National Assessment of Educational Progress (NAEP) are flawed.
Directs NAS to study and report to such entities on the technical feasibility, validity, and reliability of including test items from NAEP for fourth grade reading and eighth grade mathematics or from other tests in State and district assessments for purposes of providing a common measure of individual student performance.
(Sec. 306) Allows certain institutions of higher education to use specified funds for endowment building purposes.
(Sec. 307) Earmarks funds for reducing class size in elementary and secondary schools.
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.
(Sec. 506) Sets forth Buy American requirements.
(Sec. 508) Prohibits funds appropriated under this Act or funds in trust funds to which funds are 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.
Title VI: National Center for Complementary and Alternative Medicine - Amends the Public Health Service Act to repeal provisions regarding the Office of Alternative Medicine.
(Sec. 601) 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.
Title VII: Miscellaneous Provisions - Amends Federal law to revise a condition on the distribution of funds to the Public Broadcasting Service (PBS) or National Public Radio (NPR) with regard to limits on rates of pay for PBS or NPR personnel.
(Sec. 702) Amends title XIX (Medicaid) of the Social Security Act to revise the disproportionate share hospital allotments for Minnesota, New Mexico, and Wyoming for FY 1999.
(Sec. 705) Amends the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 to extend through FY 1999 the authorization of admission into the United States of a specified number of refugees from the independent states of the former Soviet Union, Estonia, Latvia, and Lithuania based on religious persecution owing to participation in the Ukrainian Catholic or Orthodox churches.
Makes September 30, 1999, the latest allowable entry date for specified aliens from the former Soviet Union, Estonia, Latvia, Lithuania, Vietnam, Laos, and Cambodia for purposes of qualifying for adjustment of status.
(Sec. 706) Amends title XXI (Children's Health Insurance) of the Social Security Act to make appropriations for additional allotments for FY 1999 for children's health insurance to Puerto Rico, Guam, the Virgin Islands, American Samoa, and the Northern Mariana Islands.
(Sec. 708) Amends the Combatting Proliferation of Weapons of Mass Destruction Act of 1996 with respect to the establishment of the Commission to Assess the Organization of the Federal Government to Combat the Proliferation of Weapons of Mass Destruction to: (1) increase from eight to 12 the Commission's membership; and (2) extend the dates for its initial meeting and report to the Congress. Prohibits executive branch personnel from being Commission members.
Bars the Commission, in carrying out specified activities, from reviewing or reporting on U.S. domestic response capabilities with respect to weapons of mass destruction or the adequacy or usefulness of U.S. laws that provide for the imposition of sanctions on countries or entities that engage in the proliferation of such weapons.
Limits Commission expenses.
(Sec. 709) Amends the Railroad Retirement Act of 1974 to require lump-sum retirement benefits to be paid to certain surviving divorced wives who received benefits otherwise precluded by the making of a lump sum payment to a widow through administrative error if such individuals elect to repay the lump sum payments. Applies this section retroactively to benefits paid before this Act's enactment date.
Title VIII: Reading Excellence Act - Subtitle I: Reading and Literacy Grants - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to establish a new title II part C Reading and Literacy Grants program.
(Sec. 101) (sic) Directs the Secretary of Education to make grants to State educational agencies (SEAs) to make subgrants for local reading improvement programs and tutorial assistance programs.
Provides for peer review panel evaluation of SEA grant applications.
Requires State establishment of a reading and literacy partnership as a condition for an SEA's receiving such a grant.
Limits the portions of such grants which may be used for State administrative costs and for tutorial assistance subgrants.
Requires SEAs that receive such grants to make competitive two- year local reading improvement subgrants to local educational agencies (LEAs) with: (1) at least one school that is identified for school improvement; (2) the largest, or second largest, number of children in comparison to all other LEAs in the State; or (3) the highest, or second highest, school-age child poverty rate, in comparison to all other LEAs in the State. Allows subgrantees to train, on a fee-for-service basis, personnel from schools or LEAs that are not subgrant recipients or beneficiaries, in the instructional practices based on scientifically-based reading research used by the recipient.
Requires each SEA that receives such a grant to make at least one competitive tutorial assistance subgrant to LEAs with: (1) at least one school located in an empowerment zone or an enterprise community; (2) at least one school identified for school improvement; (3) the largest, or second largest, number of children in comparison to all other LEAs in the State; or (4) the highest, or second highest, school-age child poverty rate, in comparison to all other LEAs in the State. Sets forth authorized uses of such subgrants.
Directs the Secretary to: (1) conduct a national assessment of programs under this Act; (2) receive recommendations from the peer review panel in developing the criteria for the assessment; and (3) report on the assessment to the appropriate congressional committees.
Requires the National Institute for Literacy to disseminate information on reliable, replicable research on reading and on subgrantee projects that have proven effective.
Requires each SEA that receives such a grant to: (1) evaluate subgrantee success; and (2) submit the findings of the evaluations and performance reports to the Secretary, who will submit a summary to the appropriate congressional committees.
Authorizes appropriations for FY 1999 and 2000.
Subtitle II: Amendments to Even Start Family Literacy Programs - Amends ESEA to direct the Secretary to award competitive grants to States for the planning and implementation of statewide family literacy initiatives, including specified services.
(Sec. 203) (sic) Requires grant recipients to: (1) provide technical assistance for the evaluation of subgrant recipient local programs; and (2) develop indicators of program quality.
(Sec. 205) Directs the Secretary to do research through grant or contract into successful family literacy services to improve the quality of existing programs and to develop models for new programs. Revises provisions for the dissemination of information.
Subtitle III: Repeals - Repeals certain unfunded education programs under various Federal laws.
(Sec. 301) (sic) Repeals the Community School Partnership Act (contained in the Improving America's Schools Act of 1994).
Repeals specified provisions of the Educational Research, Development, Dissemination, and Improvement Act of 1994 for a teacher research dissemination demonstration program.
Repeals provisions of the Elementary and Secondary Education Act of 1965 (ESEA) for: (1) innovative elementary school transition projects; (2) the De Lugo territorial education improvement program; (3) extended time for learning and longer school year; and (4) territorial assistance.
Repeals the Family and Community Endeavor Schools Act.
Repeals specified provisions of the Goals 2000: Educate America Act for grants for the study, evaluation, and analysis of education systems in other nations.
Subtitle IV: Technical and Conforming Amendments - Makes technical and conforming amendments to various Federal laws.
Title IX: Women's Health and Cancer Rights - Women's Health and Cancer Rights Act of 1998 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to require group health plan, and a health insurance issuer providng health insurance coverage in connection with a group health plan, that provides medical and surgical benefits with respect to a mastectomy to provide, in a case of a participant or beneficiary who is receiving benefits in connection with a masetectomy and who elects breast reconstruction in connection with such mastectomy, coverage for: (1) all stages of reconstruction of the breast on which the mastectomy has been performed; (2) surgery and reconstruction of the other breast to produce a symmetrical appearance; and (3) prostheses and physical complications of mastectomy, including lymphedemas. Requires annual written notice of the availability of such benefits.
Prohibts: (1) denying to a patient eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan, soley for the purpose of avoiding the requirements of this section; and (2) penalizing or otherwise reducing or limiting the reimbursement of an attending provider, or providing incentives (monetary or otherwise) to an attending provider, to induce such provider to provide care to an individual participant or beneficiary in a manner inconsistent with this section.
(Sec. 903) Amends the Public Health Service Act (PHSA) to apply the same requirements, as under ERISA, to health insurance issuers in group and individual markets under PHSA.
Department of Transportation and Related Agencies Appropriations Act, 1999 - Title I (sic): Department of Transportation - Makes appropriations for FY 1999 (with specified rescissions, transfers of funds, limitations on obligations, and liquidations of contract authorizations) for: (1) the Office of the Secretary of Transportation; (2) the Coast Guard; (3) the Federal Aviation Administration (FAA); (4) the Federal Highway Administration (FHA) (earmarking specified amounts for certain Intelligent Transportation System projects); (5) the National Highway Traffic Safety Administration; (6) the Federal Railroad Administration; (7) the Federal Transit Administration (including specified national planning and research program projects, new and existing fixed guideway systems, and buses and bus-related facilities projects); (8) the Saint Lawrence Seaway Development Corporation; (9) the Research and Special Programs Administration; (10) the Office of the Inspector General; and (11) the Surface Transportation Board.
Title II: Related Agencies - Makes appropriations for FY 1999 for: (1) the Architectural and Transportation Barriers Compliance Board; and (2) the National Transportation Safety Board.
Title III: General Provisions - Sets forth specified prohibitions, limitations, permissions, and mandates with respect to the use of appropriations under this Act identical or very similar to those enacted in the Department of Transportation and Related Agencies Appropriations Act, 1998 (Public Law 105-66).
(Sec. 320) Reduces the amount of funds provided in this Act for the Transportation Administrative Service Center (TASC).
(Sec. 322) Prohibits the use of funds to promulgate regulations pursuant to title V of the Motor Vehicle Information and Cost Savings Act prescribing corporate average fuel economy (CAFE) standards for automobiles in any model year that differs from standards promulgated for such automobiles before enactment of this Act.
(Sec. 323) Directs the Secretary to convey, without consideration, all right, title, and interest of the United States in: (1) the U.S. Coast Guard Pass Manchac Light in Tangipahoa Parish, Louisiana, to the State of Louisiana; and (2) the Tchefuncte River Range Rear Light in Madisonville, Louisiana, to the Town of Madisonville, Louisiana.
(Sec. 324) Prohibits the use of funds to promulgate or enforce any regulation whose practical effect is to: (1) require more than one attendant during unloading of liquefied compressed gases; or (2) prevent the attendant from monitoring the customer's liquefied compressed gas storage tank during unloading.
(Sec. 326) Prohibits the use of funds (as in Public Law 105-66) for employee training which: (1) does not meet identified needs for knowledge, skills, and abilities bearing directly upon the performance of official duties; (2) contains elements likely to induce high levels of emotional response or psychological stress in some participants; (3) does not require prior employee notification of the content and methods to be used in the training and written end of course evaluations; (4) contains any methods or content associated with religious or quasi-religious belief systems or "new age" belief systems; (5) is offensive to, or designed to change, participants' personal values or lifestyle outside the workplace; or (6) includes content related to human immunodeficiency virus-acquired immune deficiency syndrome (HIV-AIDS) other than that necessary to make employees more aware of its medical ramifications and the workplace rights of HIV-positive employees.
(Sec. 329) Requires the interest produced from the investment of the Trans-Alaska Pipeline Liability Fund balance that is transferred and deposited into the Oil Spill Liability Trust Fund to be transferred annually by the National Pollution Funds Center to the Denali Commission to repair or replace bulk fuel storage tanks in Alaska which are not in compliance with Federal law, the Oil Pollution Act of 1990, or State law.
(Sec. 331) Prohibits expenditure of funds made available under this Act by any entity that does not agree to comply with the Buy American Act.
Expresses the sense of Congress that entities receiving assistance under this Act should purchase only U.S.-made equipment and products to the greatest extent practicable.
Prohibits the use of funds for contracts with persons falsely labeling products as made in America.
(Sec. 332) Makes receipts collected from users of fitness centers operated by or for the DOT available to support their operation and maintenance.
(Sec. 333) Declares that none of the funds in this Act shall be available to implement or enforce regulations that would result in the withdrawal of a slot from an air carrier at O'Hare International Airport in excess of the total slots withdrawn from that air carrier as of October 31, 1993, if such additional slot is to be allocated to another air carrier or foreign air carrier.
(Sec. 334) Prohibits the provision of essential air service to communities in the 48 contiguous States that are fewer than 70 miles from the nearest large and medium hub airport, or that require a rate of subsidy per passenger in excess of $200 unless such point is greater than 210 miles from the nearest large or medium hub airport.
(Sec. 337) Rescinds unobligated balances of funds made available in previous appropriations Acts for the National Civil Aviation Review Commission and for Urban Discretionary Grants.
(Sec. 338) Directs the Commandant of the Coast Guard to dispose, at fair market value, of all right, title, and interest of the United States in the Coast Guard Reserve Training Facility in Jacksonville, Florida. Grants the city of Jacksonville, Florida, the right of first refusal to purchase such property.
(Sec. 340) Directs the Secretary to waive repayment of any Federal-aid highway funds expended on high occupancy lanes or auxiliary lanes constructed on I-287 in New Jersey, if New Jersey determines that such lanes are not in the public interest.
(Sec. 341) Authorizes the Secretary to convey to North Carolina such portion of Coast Guard Station Ocracoke, North Carolina, as the Secretary considers to be appropriate for transportation, education, environmental, or other public purposes.
(Sec. 342) Declares that appropriated funds intended for highway demonstration projects, railroad-highway crossings demonstration projects or railroad relocation projects in Augusta, Georgia, are available for implementation of a project consisting of modifications and additions to streets, railroads, and related improvements in the vicinity of the grade crossing of the CSX railroad and 15th Street in Augusta, Georgia.
(Sec. 343) Prohibits the use of funds under this Act by the Coast Guard to issue or enforce certain regulations under the Edible Oil Regulatory Reform Act, unless such regulations recognize and provide, with respect to (animal) fats, (vegetable) oils, and greases, for differences in physical, chemical, biological, and other relevant properties, and in environmental effects.
(Sec. 344) Makes certain funds for emergency railroad rehabilitation and repair available for repairs resulting from natural disasters occurring from September 1996 through July 10, 1998.
(Sec. 345) Requires the Administrator of the Federal Highway Administration and other participating Federal agencies, in evaluating environmental impacts of the toll road in Orange and San Diego Counties, California, to consider only those transportation alternatives previously identified by regional planning processes.
(Sec. 346) Directs the U.S. Coast Guard Commandant to convey to the University of South Alabama all right, title, and interest of the U.S. Government in and to a decommissioned Coast Guard vessel if certain conditions are met by the recipient.
(Sec. 348) Authorizes the conveyance to the University of Jacksonville, Florida, without consideration, of the Long Branch Rear Range Light, Jacksonville, Florida.
(Sec. 349) Authorizes appropriations for FY 1999 and 2000 for expenses of the Amtrak Reform Council. Revises the duties of the Council to include the identification of Amtrak routes which are candidates for closure or realignment, based on performance rankings developed by it which incorporate information on each route's fully allocated costs and ridership on core intercity passenger service, and which assume, for purposes of closure or realignment, that Federal subsidies for Amtrak will decline from FY 1999 to FY 2002. Requires such closure or realignment recommendations to be included in the Council's annual report to the Congress.
(Sec. 350) Authorizes the State of New York to proceed with the construction of additional entrances and exits between exits 57 and 58 on Interstate 495 in Suffolk County, New York.
(Sec. 351) Amends Federal law to authorize the Secretary to grant a temporary exemption to passenger motor vehicles from a prescribed bumper standard. Requires a permanent label be fixed to a motor vehicle granted an exemption under this section that describes, among other things, each bumper standard from which such vehicle is exempted.
(Sec. 352) Earmarks specified amounts of Federal highway funds to the University of Alabama in Tuscaloosa, Alabama, for research activities at the Transportation Research Institute.
(Sec. 353) Authorizes the use of certain discretionary grants funds for bus and bus-related facilities (hitherto available for the Virtual Transit Enterprise project) to fund any aspect of the Virtual Transit Enterprise integration of information project in South Carolina.
(Sec. 354) Amends the Transportation Equity Act for the 21st Century to authorize Vermont to use certain pilot project funds from the Highway Trust Fund Mass Transit Account for capital improvements to, and operating assistance for, intercity passenger rail service.
(Sec. 355) Makes permanent the authority of the Delaware River Port Authority and the Delaware River Joint Commission to collect tolls on bridges or tunnels between New Jersey and Pennsylvania.
(Sec. 356) Amends the Transportation Equity Act for the 21st Century to authorize Federal-aid highway funds allocated for projects in Idaho, Alaska, and West Virginia to be obligated for any other highway project in such State for which funds are allocated, except that the total amount of funds authorized for any other project shall not be reduced.
(Sec. 357) Mandates disbursement of Economic Development Administration (EDA) funds awarded in FY 1994 to the City of Pittsburg, Kansas, (Project Number 05-19-61200) for water, sewer and street improvements, upon EDA determination that such improvements have been completed in accordance with the project description in the award documents.
(Sec. 358) Amends the Transportation Equity Act for the 21st Century to authorize final design and construction for FY 1998 through 2003 for the Saint Barnard Parish, Louisiana intermodal facility.
(Sec. 359) Authorizes the Secretary, subject to approval by the congressional appropriations committees, to transfer appropriations for any office of the Office of the Secretary to any other such office, but with corresponding increases or decreases in such appropriations of no more than 12 percent.
(Sec. 360) Amends the Transportation Equity Act for the 21st Century to authorize the Secretary to provide assistance (not to exceed $1 million annually) under a mass transportation block grant to a transit provider that operates 20 or fewer vehicles in an urbanized area with a population of at least 200,000 to finance the operating costs of equipment and facilities used by the transit provider in providing mass transportation services to the elderly and persons with disabilities.
(Sec. 361) Grants the Commonwealth of Virginia exclusive authority to determine the high-occupancy vehicle (HOV) restrictions on Interstate Highway 66 in Virginia.
(Sec. 362) Prohibits the use of funds appropriated under this Act to issue a final standard under docket number NHTSA 98-3945 (relating to certain requirements for State-issued drivers licenses and comparable identification documents under the Illegal Immigration Reform and Responsibility Act of 1996).
(Sec. 363) Amends the Transportation Equity Act for the 21st Century to earmark funds for FY 1998 through 2003 for construction of improvements to the multimodal transportation corridor along GA-400 in Georgia.
(Sec. 364) Directs the Secretary to approve the construction of Type II noise barriers from certain Federal-aid highway funds at specified road sections in Fulton and Dekalb Counties, Georgia.
(Sec. 365) Directs the Secretary to approve and authorizes the State of Alabama to proceed with the construction of the East Foley corridor project from Baldwin County Highway 20 to State Highway 59. Declares that environmental reviews performed by the Alabama Department of Environmental Management and the Mobile District of the U.S. Army Corps of Engineers and all other non-environmental Federal laws shall remain in effect.
(Sec. 366) Amends the Transportation Equity Act for the 21st Century to repeal the restriction on the Winters Freeway (US 83-84) project in Abilene, Texas, for which FY 1998 through 2003 funds are earmarked, that limits expansion of the Freeway to the area between Southwest Drive and US 277.
(Sec. 367) Authorizes the State of Minnesota to obligate Federal- aid highway funds apportioned to it for FY 1998 through 2003 for high priority transportation projects authorized for the Shepard Road-Upper Landing interceptor in St. Paul, subject to specified allocation percentages.
(Sec. 368) Amends the Transportation Equity Act for the 21st Century to: (1) cancel the high priority transportation project for construction of capital improvements to the Alaska Marine Highway and related facilities in Ketchikan, Alaska; and (2) transfer the funds authorized for such project to the project to improve marine dry dock and facilities in Ketchikan.
(Sec. 369) Amends the Transportation Equity Act for the 21st Century to direct the Secretary to make grants to the Commonwealth of Pennsylvania (instead of the Pennsylvania Transportation Institute) to establish an advanced traffic monitoring and emergency response center at Letterkenny Army Depot in Chambersburg, Pennsylvania.
(Sec. 370) Amends the Transportation Equity Act for the 21st Century to declare that certain intelligent transportation system projects involving privately owned components shall not be subject to any State or local law that prohibits or regulates commercial activities in rights-of-way of a highway constructed with Federal-aid highway funds.
(Sec. 371) Directs the Commandant of the Coast Guard to convey, without consideration, to the Town of New Castle, New Hampshire, all right, title, and interest of the United States in certain ocean front property there.
(Sec. 372) Prohibits the use of funds to enforce any regulation or law that requires an air carrier that provides intrastate or interstate air transportation to provide a peanut-free buffer zone or any other related peanut-restricted area, or restrict the distribution of peanuts, until 90 days after submission to the Congress and the Secretary of a peer-reviewed scientific study that determines that there are severe reactions by passengers to peanuts as a result of contact with very small airborne peanut particles of the kind that passengers might encounter in an aircraft.
(Sec. 373) Amends the Intermodal Surface Transportation Efficiency Act of 1991 with respect to the Secretary's authority to approve one or more substitute highway, bus transit, or light rail transit projects in lieu of construction of the I-94 East-West Transitway project in Milwaukee and Waukesha Counties, Wisconsin. Requires the Governor of Wisconsin to consult with appropriate local government officials before requesting the Secretary to approve such a substitute project.
Treasury and General Government Appropriations Act, 1999 - Title I (sic): Department of the Treasury - Treasury Department Appropriations Act, 1999 - Makes appropriations for the Department of the Treasury for: (1) departmental offices; (2) automation enhancement; (3) the Office of Inspector General; (4) repair and restoration of the Treasury building and annex; (5) the Financial Crimes Enforcement Network; (6) violent crime reduction programs; (7) the Federal Law Enforcement Training Center, including amounts for acquisition of additional real property and facilities and maintenance and facility improvements; (8) interagency law enforcement with respect to organized crime drug trafficking; (9) the Financial Management Service; (10) the Bureau of Alcohol, Tobacco and Firearms; (11) the U.S. Customs Service, including amounts for operations and maintenance of marine vessels and aircraft and collection of the Harbor Maintenance Fee; (12) the Bureau of the Public Debt; (13) the Internal Revenue Service (IRS), including amounts for tax law enforcement, earned income tax credit compliance and error reduction initiatives, information systems, and information technology investments; and (14) the Secret Service, including an amount for construction and improvement of facilities.
Sets forth authorized uses of, and limitations on, such funds.
(Sec. 115) Amends the Federal criminal code to redefine the terms "shotgun" and "rifle" as weapons using the energy of an explosive (currently, the energy of the explosive in a fixed shotgun shell or metallic cartridge).
Expands the definition of "antique firearm" to include muzzle loading rifles, shotguns, or pistols that use black powder or a black powder substitute and cannot use fixed ammunition. Excludes from such definition: (1) weapons that incorporate firearm frames or receivers; (2) firearms converted into muzzle loading weapons; or (3) muzzle loading weapons that can be readily converted to fire fixed ammunition by specified means of replacement.
(Sec. 117) Amends the Federal judicial code to provide that any property with respect to which certain financial transactions are prohibited or regulated under specified provisions of the Trading with the Enemy Act and the International Emergency Economic Powers Act, provisions of the Foreign Assistance Act of 1961 prohibiting assistance to Cuba, or any order, regulation, or license issued pursuant thereto shall be subject to execution or attachment in aid of execution of any judgment relating to a claim for which a foreign state claiming such property is not immune from the jurisdiction of U.S. courts in cases where damages are sought against the state for injury or death caused by torture, extrajudicial killing, aircraft sabotage, hostage taking, or support for such acts. Makes such requirement inapplicable if, at the time the property is expropriated or seized by the foreign state, the property has been held in title by a natural person or held in trust for the benefit of a natural person.
Requires the Secretaries of the Treasury and State, at the request of any party in whose favor a judgment has been issued with respect to a claim for which the foreign state is not immune, to assist any judgment creditor or court in identifying, locating, and executing against the property of such state.
Authorizes presidential waivers of this section's requirements in the interest of national security.
Title II: Postal Service - Postal Service Appropriations Act, 1999 - Makes appropriations for payments to the Postal Service Fund for revenue foregone on free and reduced rate mail.
Sets forth authorized uses of, and limitations on, such funds.
Title III: Executive Office of the President and Funds Appropriated to the President - Executive Office Appropriations Act, 1999 - Makes appropriations for: (1) compensation of the President and the White House office; (2) operating, maintenance, and reimbursable expenses of the Executive Residence at the White House; (3) special assistance to the President and the official residence of the Vice President; (4) the Council of Economic Advisers; (5) the Office of Policy Development; (6) the National Security Council; (7) the Office of Administration; (8) the Office of Management and Budget (OMB); (9) the Office of National Drug Control Policy; (10) Federal drug control programs, including amounts for the High Intensity Drug Trafficking Areas Program and for a national anti-drug campaign for youth; and (11) unanticipated needs in furtherance of the national interest, security, or defense.
Sets forth authorized uses of, and limitations on, such funds.
Title IV: Independent Agencies - Independent Agencies Appropriations Act, 1999 - Makes appropriations for the: (1) Committee for Purchase From People Who Are Blind or Severely Disabled; (2) Federal Election Commission; (3) Federal Labor Relations Authority; and (4) General Services Administration (GSA), including amounts for the Federal Buildings Fund, Government-wide policy and operations, Office of Inspector General, and allowances and office staff for former Presidents.
Sets forth authorized uses of, and limitations on, such funds.
(Sec. 409) Authorizes the GSA Administrator to convey to the city of Racine, Wisconsin, certain excess real property containing the Army Reserve Center.
(Sec. 410) Requires the GSA Administrator to enter into a lease to acquire space for the Department of Transportation headquarters.
(Sec. 412) Requires the GSA Administrator to convey property comprising the U.S. Naval Observatory-Alternate Time Service Laboratory to the University of Miami for research-related purposes.
Makes appropriations for: (1) the Environmental Dispute Resolution Fund to carry out activities under the Environmental Policy and Conflict Resolution Act of 1997; (2) the Merit Systems Protection Board; (3) the National Archives and Records Administration, including amounts for repairs and restoration of archives; (4) the National Historical Publications and Records Commission; (5) the Office of Government Ethics; (6) the Office of Personnel Management, including an amount for the Office of Inspector General; (7) Government contributions for health and life insurance benefits for annuitants; (8) the Civil Service Retirement and Disability Fund; (9) the Office of Special Counsel; and (10) the U.S. Tax Court.
Sets forth authorized uses of, and limitations on, such funds.
Title V: General Provisions (This Act) - Sets forth authorized and prohibited uses of funds made available under this Act.
(Sec. 509) Prohibits funds appropriated by this Act from being available to pay for an abortion or for the administrative expenses of any Federal employee health plan which provides benefits for abortions. Makes such prohibition inapplicable if the mother's life would be endangered if the fetus were carried to term or in cases of rape or incest.
(Sec. 513) Authorizes the use of funds provided in this Act to initiate or continue activities to achieve Year 2000 (Y2K problem) computer conversion until such time as supplemental appropriations are made available for such purpose.
(Sec. 515) Provides for payment of attorney's fees, costs, and sanctions required to be made by the Federal Government in the case Association of American Physicians and Surgeons, Inc. v. Clinton from amounts made available for compensation of the President and the White House office.
(Sec. 517) Amends the Morris K. Udall Scholarship and Excellence in National Environmental and Native American Public Policy Act of 1992 to authorize non-Federal entities to use the Morris K. Udall Scholarship and Excellence in National Environmental Policy Foundation and the U.S. Institute for Environmental Conflict Resolution to provide assessment, mediation, or related services in connection with a dispute or conflict involving the Federal Government related to the environment, public lands, or natural resources. Requires reimbursement to the Institute for the costs of services provided.
Confers certain administrative authorities of the Foundation on the Institute as well.
Title VI: General Provisions (Departments, Agencies, and Corporations) - Sets forth authorized and prohibited uses of funds appropriated for Federal departments, agencies, and corporations.
(Sec. 621) Provides that annual adjustments in rates of pay under the General Schedule shall not be considered to have taken effect in FY 1999 in the rates for the statutory pay systems for purposes of certain provisions of law amended by the Ethics Reform Act of 1989.
(Sec. 623) Bars the use of funds made available for the Customs Service in this Act to allow the importation of any good produced or manufactured by forced or indentured child labor.
(Sec. 627) Provides that, for purposes of provisions of law relating to tort liability, certain Federal law enforcement officers and special agents in the Diplomatic Security Service of the Department of State shall be construed to be acting within the scope of their office or employment if they take any reasonable action, including the use of force, to: (1) protect an individual in such an officer's presence from a crime of violence; (2) provide immediate assistance to an individual who has suffered or who is threatened with bodily harm; or (3) prevent the escape of any individual who such an officer reasonably believes to have committed, in his or her presence, a crime of violence.
(Sec. 628) Amends Federal law to require compensation at time-and-a-half per hour for any hours worked in excess of 106 during a biweekly pay period or 53 in an administrative workweek by Federal fire fighters.
Sets forth pay provisions with respect to Federal fire fighters.
Grants fire fighters subject to such pay provisions whose regular tours of duty average at least 60 hours or less per week and exclude a basic 40-hour workweek an increase in basic pay equal to two step-increases of the applicable General Schedule grade. Provides that such increase shall not be an equivalent increase in pay.
(Sec. 629) Requires the Director of the Office of National Drug Control Policy, the Secretary of the Treasury, and the Attorney General to conduct a review of Federal efforts and submit to the appropriate congressional committees a plan to improve coordination among Federal agencies with responsibility to protect the borders against drug trafficking.
(Sec. 630) Makes a minimum amount available to specified agencies for carrying out flexiplace work telecommuting programs.
(Sec. 631) Revises Federal law to entitle a Senior Executive Service (SES) career appointee awarded the rank of Meritorious Executive to 20 percent of annual basic pay (currently, a lump-sum payment of $10,000). Grants appointees awarded the rank of Distinguished Executive 35 percent of annual basic pay (currently, a lump-sum payment of $20,000).
(Sec. 632) Raises the fiscal year limit on the aggregate amount of performance awards for SES career appointees made by an agency.
(Sec. 633) Revises Federal provisions regarding international postal arrangements to grant the Secretary of State primary responsibility for policy regarding U.S. participation in the Universal Postal Union and all postal treaties and conventions concluded within the framework of the Universal Postal Convention. Authorizes the Secretary, with the consent of the President, to negotiate and conclude such treaties and conventions.
Bars the Postal Service from concluding any treaty or convention related to the delivery of international postal services that is inconsistent with the Secretary's policy.
Provides for the allocation of funds from the Postal Service to the Department of State to carry out international postal arrangements.
(Sec. 638) Requires the OMB Director, for calendar year 2000, to report to the Congress: (1) estimates of annual costs and benefits of Federal rules and paperwork in the aggregate, by agency and agency program, and by major rule; (2) impacts of Federal regulation on State, local, and tribal government, small business, wages, and economic growth; and (3) recommendations for reform.
Directs the OMB Director to issue guidelines to agencies to standardize measures of costs and benefits and the format of accounting statements.
(Sec. 643) Requires the Director of the U.S. Marshals Service to conduct a quarterly threat assessment on the Director of the Office of National Drug Control Policy.
(Sec. 646) Authorizes the Secretary of the Treasury, upon submission of proper documentation, to reimburse importers of large capacity military magazine rifles for which authority was granted to import such firearms into the United States on or before November 14, 1997, and which were released under bond to the importer by the Customs Service on or before February 10, 1998, provided that such an importer abandons title to the firearms to the United States.
(Sec. 647) Provides for a 3.6 percent increase in rates of basic pay for Federal employees for FY 1999.
(Sec. 648) Amends Federal law to require the Postal Rate Commission to report annually to the Congress on costs, revenues, and volumes accrued by the Postal Service in connection with mail matter conveyed between the United States and other countries.
(Sec. 649) Extends for five years certain provisions of the Undetectable Firearms Act of 1988 which are currently due to expire ten years after such Act's enactment.
(Sec. 650) Directs the Customs Service to: (1) study the effectiveness of requiring all spring wheat, durum, or barley imports to be imported through a single port of entry; and (2) report study results to specified congressional committees.
(Sec. 651) Designates the U.S. Postal Service building located at 180 East Kellogg Boulevard in Saint Paul, Minnesota, as the Eugene J. McCarthy Post Office Building.
(Sec. 653) Amends Federal civil service provisions to entitle an SES employee who is involuntarily separated due to a reduction in force to use earned annual leave to remain on an agency's rolls after the date the employee would have otherwise been separated in order to qualify for an immediate annuity or health benefits coverage in retirement.
(Sec. 654) Directs executive agencies, before implementing policies and regulations that may affect family well-being, to assess such actions with respect to specified criteria. Requires each agency to: (1) certify to the OMB Director and the Congress that such policy or regulation has been assessed in accordance with this section; and (2) provide an adequate rationale for implementation of each policy or regulation that may negatively affect family well-being.
Directs OMB to: (1) ensure that policies and regulations proposed by agencies are implemented consistent with this section; and (2) compile, index, and submit annually to the Congress the written certifications received.
Directs the White House Office of Policy Development to: (1) assess proposed policies and regulations in accordance with this section; (2) provide evaluations of such policies and regulations to OMB; and (3) advise the President on policy and regulatory actions that may be taken to strengthen the institutions of marriage and family in the United States.
Requires an agency to conduct an assessment of a proposed policy or regulation in accordance with this section upon request by a Member of Congress.
(Sec. 655) Prohibits the use of funds appropriated by any Act for the implementation of Federal criminal code provisions regarding a national instant criminal background check system unless the system allows, in connection with the delivery of a firearm to a Federal firearms licensee as collateral for a loan, the check to be performed at the time the collateral is offered and provided that: (1) the licensee notifies local law enforcement within 48 hours of receiving a denial on the person offering collateral; and (2) such criminal code provisions apply at the time of the firearm's redemption.
(Sec. 656) Bars the use of funds appropriated by this Act to enter into or renew a contract which includes a provision providing prescription drug coverage, except where the contract also includes a provision for contraceptive coverage. Makes exceptions to such prohibition for religious health plans.
Title VIII (sic): Technical and Clarifying Amendments - Amends the Balanced Budget Act of 1997, with respect to provisions regarding District of Columbia retirement funds, to include Federal agencies within the definition of "person" under such provisions.
(Sec. 801) Permits the District of Columbia Federal Pension Liability Trust Fund to be used to cover administrative expenses.
Authorizes the Trustee of the Trust Fund, with the Secretary of the Treasury's approval, to enter into subcontracts with the District government or any person to provide services to the Trustee in connection with the contract to administer the Trust Fund.
Revises provisions regarding reimbursement of the District government for interim administration of retirement benefits.
(Sec. 802) Makes nonjudicial employees of the District of Columbia courts transferred to the Federal Employees' Retirement System eligible for Medicare and Social Security benefits.
Requires, for purposes of vesting pursuant to the District of Columbia Government Comprehensive Merit Personnel Act of 1978, creditable service with the District for employees whose participation in the District Defined Contribution Plan ceases as a result of the Balanced Budget Act of 1997 to include: (1) continuous service by nonjudicial employees of the District courts after September 30, 1997; and (2) service performed for a successor employer that provides services previously performed by the District government.
(Sec. 804) Makes technical amendments to provisions regarding the District's judicial retirement program.
Authorizes any Trustee, contractor, or enrolled actuary of the District of Columbia Judicial Retirement and Survivors Annuity Fund, with the Secretary's approval, to enter into subcontracts with the District government or any person to provide services to the Trustee in connection with the contract to administer the Fund.
Authorizes the use of the Fund for administrative expenses.
Treats the Fund as a tax-exempt trust for purposes of the Internal Revenue Code and treats Fund benefits as benefits provided under a governmental plan maintained by the District for purposes of the Employee Retirement Income Security Act of 1974.
Supersedes provisions of the District of Columbia Retirement Reform Act that are inconsistent with this section.
Confers certain authorities of the District Mayor with respect to determinations of judicial survivor annuities on the Secretary.
Amends the District of Columbia Retirement Reform Act to increase the number of members on the District of Columbia Retirement Board from 11 to 12.
(Sec. 805) Requires this title to take effect as if included in the enactment of title XI (the National Capital Revitalization and Self-Government Improvement Act of 1997) of the Balanced Budget Act of 1997.
Title IX: Haitian Refugee Immigration Fairness Act of 1998 - Haitian Refugee Immigration Fairness Act of 1998 - Provides for the permanent resident status adjustment of certain Haitian nationals (and their spouses and children) who were paroled into the United States or filed for amnesty before December 31, 1995. Requires adjustment applications to be filed before April 1, 2000.
(Sec. 902) Sets forth stay of removal and work authorization provisions.
(Sec. 903) Requires the Attorney General to collect and make available to the public certain data on detained asylum seekers and other aliens, including criminal aliens.
(Sec. 102 (sic)) Makes appropriations to carry out the Tennessee Valley Authority Act of 1933.
(Sec. 103) Sets forth provisions regarding the repurchase of bonds by the Tennessee Valley Authority (TVA) from the Federal Financing Bank. Appropriates amounts to the Bank as necessary to pay the difference between the amount that the TVA paid to the Bank to prepay Bank loans and the amount that the Bank would have received otherwise. Bars further Bank financing for the TVA after the date of repurchase of such bonds.
Requires the use of savings from the repurchase of bonds to be used to reduce TVA debt.
(Sec. 104) Repeals a provision of the Energy and Water Development Appropriations Act, 1999 which postpones the availability of specified funds for atomic energy defense and weapons activities until September 30, 1999.
(Sec. 105) Makes additional funds available for Department of Defense-Civil for the Columbia River Fish Mitigation project in Washington, Oregon, and Idaho.
(Sec. 106) Directs the Secretary of the Army, acting through the Chief of Engineers, to use specified amounts of funds for construction, general for: (1) construction of the Delaware River Mainstem and Channel Deepening project in Delaware, New Jersey, and Pennsylvania; (2) a review of aquatic ecosystem restoration initiatives in the Upper Susquehanna-Lackawanna Watershed; (3) construction of the Pierre, South Dakota, flood mitigation project; and (4) water-related environmental infrastructure and resource protection and development projects in Allegheny County, Pennsylvania.
(Sec. 107) Authorizes and directs the Secretary, acting through the Chief of Engineers, to use a specified amount of construction, general funds for engineering, design, and repair of the Archusa Dam and appurtenant structures in Quitman, Mississippi.
(Sec. 108) Appropriates additional funds for Department of Energy- Energy Programs for energy supply and science.
(Sec. 110) Bars funds appropriated by any Act for FY 1999 from being used to study or implement any plan to drain Lake Powell or decommission the Glen Canyon Dam.
(Sec. 111) Makes appropriations for construction of, and improvements to: (1) surface transportation projects in Massachusetts; (2) Corridor X of the Appalachian development highway system in Alabama; (3) the Appalachian development highway system in West Virginia; and (4) highway projects in a specified corridor in Arkansas.
(Sec. 115) Makes funds available for grants from the Secretary of Transportation to the Alaska Railroad for capital improvements benefiting its passenger rail operations.
(Sec. 116) Rescinds a specified amount of unobligated funds for discretionary grants for mass transit.
(Sec. 120) Makes funds available for carrying out fisheries provisions of this Act (title II of Division C).
(Sec. 121) Makes additional appropriations for: (1) housing opportunities for persons with AIDS; (2) urban empowerment zones; (3) a grant for construction and related activities for wastewater treatment for Boston, Massachusetts; (4) grants under the National Service Trust program; (5) research associated with the Climate Change Technology Initiative; and (6) the community development financial institutions fund program account.
(Sec. 122) Repeals a provision of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999 that authorizes the Federal Home Loan Mortgage Corporation to purchase a mortgage secured by a property comprised of multifamily dwelling units where the principal balance of the mortgage exceeds 80 percent of the value of the property if the mortgage is subject to certain default loss protection.
(Sec. 123) Amends the Quality Housing and Work Responsibility Act of 1998 to require 40 percent of the assisted dwelling units available for occupancy annually in each project receiving project-based Section 8 assistance to be available for leasing only by families whose incomes do not exceed 30 percent of the area median income, with adjustments for smaller and larger families.
(Sec. 127) Trade Deficit Review Commission Act - Establishes the Trade Deficit Review Commission to study the nature, causes, and consequences of, and the accuracy of available data on, the U.S. merchandise trade and current account deficits.
Sets forth reporting requirements for the Commission to the President, specified congressional committees, and the Congress.
Makes appropriations for the Commission.
Title VI (sic): Offsets - Amends the Communications Act of 1934 to declare that the Federal bankruptcy code shall not apply to: (1) any broadcast license or station construction permit issued by the Federal Communications Commission (FCC) for which a payment has been made or a debt incurred; (2) any interest of the FCC in property securing such a debt; or (3) any FCC act to issue, deny, cancel, or transfer control of such a license.
(Sec. 129) Grants the FCC a perfected, first priority security interest in a license or construction permit and the proceeds of such a license or permit for which a debt or other obligation is owed. Applies this section to pending cases and proceedings as well as new ones.
(Sec. 131) Makes funds available to capitalize the District of Columbia National Capital Revitalization Corporation, subject to a determination by the Secretary of the Treasury that the Corporation advances the purposes of the National Capital Revitalization and Self- Government Improvement Act of 1997.
(Sec. 132) Provides funding for a Federal payment to the District Public Schools for special education costs.
(Sec. 133) Makes funds available for District Year 2000 (Y2K) information technology and related chip replacement projects. Considers the District government to be a Federal agency for purposes of any appropriations for emergency expenses related to Y2K conversion of Federal information technology systems.
(Sec. 134) Provides funding for a Federal contribution to the District for infrastructure needs.
Division B: Emergency Supplemental Appropriations - Title I (sic): Military Readiness and Overseas Contingency Operations - Chapter 1: Department of Defense - Military - Makes additional appropriations to the Department of Defense (DOD) for FY 1999, as emergency supplemental appropriations under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act), for: (1) active military personnel of the Army, Navy, and Marine Corps, as well as Navy reserve personnel; (2) operation and maintenance (O&M) of the Army, Navy, Marine Corps, and Air Force, defense-wide O&M (including a transfer of funds), reserve personnel of the Army, Marine Corps, and Air Force, and the Army and Air National Guards; (3) the Overseas Contingency Operations Fund (including a transfer of funds); (4) morale, welfare, and recreation and personnel support for contingency deployment (including a transfer of funds); (5) the Defense Health Program; and (6) drug interdiction and counter- drug activities, defense (including a transfer of funds). Requires in each case (and in most other emergency supplemental appropriations under this Division) that an official budget request for such amounts be transmitted from the President to the Congress.
(Sec. 101) Deems funds appropriated or transferred under this Act for intelligence activities as specifically authorized by the Congress for intelligence or intelligence-related activities under the National Security Act of 1947.
(Sec. 102) Makes emergency supplemental appropriations for FY 1999 for: (1) research, development, test and evaluation, defense, for use only for the testing, development, construction, integration, and infrastructure efforts in support of ballistic missile defense systems; and (2) emergency expenses incurred at U.S. military facilities or installations as a result of storm damage or other natural disasters, allocated among various military personnel and O&M accounts.
(Sec. 104) Authorizes additional amounts for the Defense Health Program only for the construction and furnishing of additional Fisher houses (temporary quarters for the families of hospitalized military personnel).
(Sec. 105) Amends the Department of Defense Appropriations Act, 1999 to increase by $67 million the total reduction of appropriations under such Act which reflect savings resulting from reductions in the price of bulk fuel.
Chapter 2: Department of Energy -Makes emergency supplemental appropriations to the Department of Energy for FY 1999 for: (1) the Other Defense Activities account for the implementation of a United States-Russian accord for the disposition of excess weapons plutonium; and (2) the purchase of natural uranium associated with 1997 and 1998 deliveries under the United States-Russia HEU Purchase Agreement.
Chapter 3: Department of Defense - Military Construction - Makes emergency supplemental appropriations to DOD for FY 1999 for: (1) military construction for the Army, Navy, and Air Force and the Army and Air National Guards; and (2) family housing for the Air Force and Navy and Marine Corps.
Amends the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 to reduce from $2 billion to $2 million the total amount of appropriations reduced to reflect savings from favorable bids, reduced overhead costs, and cancellations due to force structure changes.
Chapter 4: Department of Transportation - Makes emergency supplemental appropriations to the Department of Transportation (DOT) for FY 1999 for the Coast Guard for: (1) O&M; (2) drug interdiction activities, earmarking such funds for specified purchases; (3) operation, maintenance, and training expenses; and (4) research, development, test, and evaluation activities.
Title II: Antiterrorism - Chapter 1: Department of Justice - Makes emergency supplemental appropriations to the Department of Justice (DOJ) for FY 1999 for salaries and expenses of the Federal Bureau of Investigation.
Makes emergency supplemental appropriations to the State Department for FY 1999 for: (1) diplomatic and consular programs; (2) salaries and expenses; (3) the Office of the Inspector General; (4) security and maintenance of U.S. missions; and (5) emergencies in the Diplomatic and Consular Service.
Chapter 2: Department of Defense - Military - Makes emergency supplemental appropriations to DOD for FY 1999 for defense-wide O&M.
(Sec. 201) Authorizes the Secretary of Defense to make DOD personnel available for: (1) a foreign or domestic counter-terrorism operation; or (2) rendition of a suspected terrorist from a foreign country to the United States for trial. Authorizes such Secretary to use DOD equipment to aid other Federal agencies in the transportation of such suspects, as long as the requesting agency provides security and maintains custody over the suspect.
(Sec. 202) Makes emergency supplemental appropriations to DOD for FY 1999 (including a transfer of funds) only: (1) to initiate and expand DOD activities to prevent, prepare for, and respond to a terrorist attack in the United States involving weapons of mass destruction, allocated among various military accounts; and (2) for the Air Force for the provision of crisis response aviation support for critical national security, law enforcement, and emergency response activities.
Chapter 3: Funds Appropriated to the President - Makes emergency supplemental appropriations for FY 1999 (including a transfer of funds) to the Office of the President for: (1) the Economic Support Fund for assistance for Kenya and Tanzania; and (2) nonproliferation, anti-terrorism, demining, and related programs.
Chapter 4: Department of the Interior - Makes emergency supplemental appropriations to the Interior Department for FY 1999 for: (1) operation of the National Park System; and (2) construction for emergency security-related expenses.
Chapter 5: Architect of the Capitol - Makes emergency supplemental appropriations for FY 1999 for: (1) the Architect of the Capitol for planning, design, and construction activities associated with the Capitol Visitor Center; and (2) the Capitol Police Board for security enhancements to the Capitol complex.
Transfers from the Architect of the Capitol to the Capitol Police Board responsibility for the design, installation, and maintenance of security systems of the buildings and grounds of the Library of Congress.
Chapter 6: Department of Transportation - Makes emergency supplemental appropriations to DOT for FY 1999 for acquisition, installation, and related activities with respect to security equipment at U.S. airports.
Chapter 7: Department of the Treasury - Makes emergency supplemental appropriations to the Treasury Department for FY 1999 for salaries and expenses associated with the: (1) Federal Law Enforcement Training Center; and (2) U.S. Secret Service.
Title III: Year 2000 Conversion of Federal Information Technology Systems - Makes emergency supplemental appropriations for FY 1999 for emergency expenses related to Year 2000 conversion (Y2K problem) of Federal information technology systems and related expenses, and the conversion of DOD information technology and national security systems and related expenses. Provides for the appropriate transfer and obligation of funds in each instance.
Title IV: Other Emergencies - Chapter 1: Department ofCommerce - Makes emergency supplemental appropriations for FY 1999 for: (1) the Commerce Department for emergency disaster assistance to persons or entities in the Northeast multispecies fishery for losses from a commercial fishery failure under provisions of the Interjurisdictional Fisheries Act of 1986; and (2) activities under the disaster loan program of the Small Business Administration.
Chapter 2: Department of Defense - Civil - Makes emergency supplemental appropriations for FY 1999 for DOD's Army Corps of Engineers for: (1) emergency repairs and dredging due to flooding along the Mississippi River and its tributaries; and (2) general O&M associated with flood repairs and dredging in the United States.
Chapter 3: Funds Appropriated to the President - Makes emergency supplemental appropriations for FY 1999 for: (1) the Child Survival and Disease Programs Fund; (2) assistance for the new independent States of the former Soviet Union; and (3) a grant to the American Red Cross for reimbursement of disaster relief, recovery, expenditures, and emergency services.
Chapter 4: Department of the Interior - Makes emergency supplemental appropriations for FY 1999 to the Interior Department for: (1) U.S. Fish and Wildlife Service construction activities; (2) National Park Service construction activities; and (3) U.S. Geological Survey surveys, investigations, and research.
Chapter 5: Department of Labor - Makes emergency supplemental appropriations for FY 1999 to the Department of Labor for training and employment services carried out under the Job Training Partnership Act.
Chapter 6: Department of Transportation - Makes emergency supplemental appropriations to DOT for FY 1999 for facility replacement or repairs arising from the consequences of Hurricane Georges.
Chapter 7: Department of Housing and Urban Development - Makes emergency supplemental appropriations for FY 1999 to the: (1) Department of Housing and Urban Development for community development block grants authorized under the Housing and Community Development Act of 1974, to be used only for certain disaster relief, recovery, and mitigation activities; and (2) Federal Emergency Management Agency for disaster relief activities.
Title V: Counter-Drug Activities and Interdiction - Chapter 1: Department of Agriculture - Makes emergency supplemental appropriations for FY 1999 to the Agricultural Research Service of the Department of Agriculture for counterdrug research and development activities.
Chapter 2: Department of Justice - Makes emergency supplemental appropriations to DOJ for FY 1999 for salaries and expenses of: (1) the Drug Enforcement Administration; and (2) Enforcement and Border Affairs.
Chapter 3: Department of State - Makes emergency supplemental appropriations to the State Department for FY 1999 for international narcotics control and law enforcement.
Chapter 4: Department of Transportation - Makes emergency supplemental appropriations to DOT for FY 1999 for: (1) the Coast Guard, for drug interdiction operations around Puerto Rico, the U.S. Virgin Islands, and other transit zones of operation; and (2) Coast Guard acquisition, construction, and improvement of facilities and equipment used for drug interdiction activities.
Chapter 5: Department of the Treasury - Makes emergency supplemental appropriations to the Treasury Department for FY 1999 for: (1) departmental salaries and expenses (including a transfer of funds); (2) salaries and expenses of the U.S. Customs Service; (3) O&M and procurement under the Air and Marine Interdiction Programs; and (4) Customs facilities construction, improvements, and related expenses.
Makes emergency supplemental appropriations for FY 1999 for: (1) salaries and expenses of the Office of National Drug Control Policy; and (2) support of the National Drug Court Institute (including a transfer of funds).
Title VI: General Provision - Prohibits any part of any appropriation in this Division from remaining available for obligation beyond FY 1999 unless expressly so provided.
Division C: Other Matters - Title I (sic): Other Matters - Authorizes the President to appoint an acting Treasury Inspector General for Tax Administration (TIGTA) to serve from the date of enactment of this Act until April 30, 1999, or, if earlier, the date on which the first TIGTA takes office. Prohibits anyone from serving as acting TIGTA while also serving as either actual or acting Inspector General of the Treasury of the United States.
(Sec. 102) (sic) Amends Federal law to revise the authority of the Secretary of the Treasury to establish a three-year personnel management demonstration project for 950 employees who fill critical scientific, technical, engineering, intelligence analyst, language translator, and medical positions in the Bureau of Alcohol, Tobacco, and Firearms, the U.S. Customs Service, and the U.S. Secret Service.
(Sec. 103) Amends the Foreign Service Act to authorize the Secretary of State to waive certain annuity termination requirements, on a case-by-case basis, for an annuitant reemployed on a temporary basis, but only if, and for so long as, the authority is necessary due to an emergency involving a direct threat to life or property or other unusual circumstances.
(Sec. 104) Amends the Omnibus Diplomatic Security and Antiterrorism Act of 1986 to authorize: (1) the Secretary of State to employ contractors (who shall not be considered Federal employees) to carry out such Act; and (2) negotiation of the terms of such contracts without regard to statutory requirements for contracts for work performed in the United States.
(Sec. 106) Amends the Federal transportation code to exempt intrastate bus transportation in Hawaii from Federal preemption of State law regarding motor carriers of passengers.
(Sec. 107) Amends Federal law to waive the $100 million ceiling on obligations for emergency highway repair or reconstruction with respect to emergency relief projects resulting from flooding in California in January and March of 1995.
(Sec. 108) Declares that, for the purpose of any Rule of the House of Representatives, any obligation limitation relating to specified surface transportation projects under the Transportation Equity Act for the 21st Century shall be assumed to be administered on the basis of sound program management practices consistent with past practices of the administering agency permitting States to decide High Priority Project funding priorities within State program allocations.
(Sec. 109) Declares that a State requiring annual registration of container chassis, and the apportionment of registration fees in accordance with the International Registration Plan, shall not limit the operation, or require the registration, in that State of container chassis (or impose fines or penalties on container chassis operation in the State without such State registration) if the chassis is operating under a trip permit issued by the State, although registered under another State.
(Sec. 110) Amends the Federal Aviation Reauthorization Act of 1996 to repeal the termination of certain requirements for apportionment of appropriations for passenger boardings at airports (thus making such requirements permanent).
Extends through half of FY 1999 the availability of funds for grants for airport planning and development and noise compatibility planning and programs.
Extends public-use airport project grant authority through March 31, 1999.
Allows a person to bring a civil action against the United States for insured aviation losses in the U.S. Court of Federal Claims (as well as a U.S. district court). Extends such right to a subrogee under an insurance contract which has paid the insured party for a covered physical damage loss.
Extends the aviation insurance program through March 31, 1999.
Makes eligible for airport development funds any commercial airport sponsor's activities assessing the Year 2000 (Y2K) processing capabilities of any airport facilities, technology systems, or equipment.
Prescribes requirements for submission of joint venture agreements regarding code-sharing, blocked-space arrangements, long-term wet leases of a substantial number of aircraft, or frequent flyer programs, or any other cooperative working arrangement between two or more major air carriers affecting more than 15 percent of the total number of available seat miles offered by a major air carrier.
Directs the National Research Council of the National Academy of Sciences to complete, and report to Congress on, a comprehensive update of the 1991 study of airline deregulation prepared by the Council's Transportation Research Board, particularly with respect to competitive issues in the airline industry. Prohibits the Secretary of Transportation from issuing final guidelines in Docket OST-98-3713 before such report to Congress. Declares that, if the Secretary, as a result of such study, decides to issue final guidelines different from those originally proposed, they must be accompanied by an analysis of their impact on specified items, including: (1) scheduled service to small- and medium-sized communities; (2) airfares; (3) members of frequent flyer programs; (4) air carrier ability to carry non- origination and destination traffic on route portions served by new entrant air carriers covered by the guidelines; and (5) airline employees.
(Sec. 111) Calls upon the President to: (1) pursue enhanced enforcement of U.S. trade laws with respect to the surge of steel imports into the United States, including offsetting duties, quantitative restraints, and other authorized remedial measures; (2) pursue a more equitable sharing of the burden of accepting imports of finished steel products from Asia and the independent states of the former Soviet Union; (3) establish a task force with responsibility for closely monitoring U.S. imports of steel; and (4) report to the Congress by January 5, 1999, with a comprehensive plan for responding to the import surge, including ways of limiting its deleterious effects on employment, prices, and investment in the U.S. steel industry.
(Sec. 112) Authorizes the Secretary of the Interior to acquire on a willing seller basis the Spirit Mound near Vermilion, South Dakota, for administration as part of the Lewis and Clark National Historic Trail.
(Sec. 113) Designates the Federal Building and Post Office at 100 East B Street, Casper, Wyoming, the Dick Cheney Federal Building.
(Sec. 114) Designates the U.S. Post Office at 297 Larkfield Road, East Northport, New York, the Jerome Anthony Ambro, Jr., Post Office Building.
(Sec. 115) Designates the U.S. Postal Service facility at Tall Timbers Village Square in Thomasville, Georgia, the Lieutenant Henry O. Flipper Station.
(Sec. 116) Designates the U.S. Postal Service building at 3191 Grand Avenue in Coconut Grove, Florida, the William R. "Billy" Rolle Post Office Building.
(Sec. 117) Designates the U.S. Postal Service building at 550 Fisherman Street in Opa Locka, Florida, the Helen Miller Post Office Building.
(Sec. 118) Designates the U.S. Postal Service building at 18690 N.W. 37th Avenue in Carol City, Florida, the Essie Silva Post Office Building.
(Sec. 119) Designates the U.S. Postal Service building at 500 North West 2nd Avenue in Miami, Florida, the Athalie Range Post Office Building.
(Sec. 120) Designates the U.S. Postal Service building at 995 North West 119th Street in Miami, Florida, the Garth Reeves, Sr., Post Office Building.
(Sec. 121) Designates the U.S. Postal Service building at 16250 Highway 603 in Kiln, Mississippi, the Ray J. Favre Post Office Building.
(Sec. 122) Redesignates the U.S. Postal Service building at 2419 West Monroe Street in Chicago, Illinois, known as the Midwest Post Office Building, the Nancy B. Jefferson Post Office Building.
(Sec. 123) Redesignates the U.S. Postal Service facility at 9719 Candelaria Road NE, Albuquerque, New Mexico, known as the Eldorado Station Post Office, the Steve Schiff Post Office.
(Sec. 124) Redesignates the U.S. Post Office at 860 Penniman Avenue, Plymouth, Michigan, the Carl D. Pursell Post Office.
(Sec. 125) Redesignates the U.S. Post Office at 202 Center Street, Garwood, New Jersey, the James T. Leonard, Sr., Post Office.
(Sec. 126) Redesignates the U.S. Postal Service building at 658 63rd Street, Philadelphia, Pennsylvania, the Edgar C. Campbell, Sr., Post Office Building.
(Sec. 127) Redesignates the U.S. Postal Service building at 5209 Greene Street, Philadelphia, Pennsylvania, the David P. Richardson, Jr., Post Office Building.
(Sec. 128) Redesignates the U.S. Postal Service building at 324 South Laramie Street, Chicago, Illinois, known as the Austin Post Office Building, the Reverend Milton R. Brunson Post Office Building.
(Sec. 129) Redesignates the U.S. Postal Service building at 3750 North Kedzie Avenue, Chicago, Illinois, the Daniel J. Doffyn Post Office Building.
(Sec. 130) Redesignates the U.S. Post Office at 215 East Jackson Street, Painesville, Ohio, the Karl Bernal Post Office Building.
(Sec. 131) Redesignates the U.S. Post Office at 95 West #100 South, Provo, Utah, the Howard C. Nielson Post Office Building.
(Sec. 132) Redesignates the U.S. Postal Service building at 11550 Livingston Road, Ft. Washington, Maryland, the Jacob Joseph Chestnut Post Office Building.
(Sec. 133) Redesignates the Federal building at 309 North Church Street, Dyersburg, Tennessee, the Jere Cooper Federal Building.
(Sec. 134) Enacts into law specified provisions of the Omnibus Personnel Reform Amendment Act of 1998, D.C. Law 12-124, effective June 11, 1998.
(Sec. 135) Waives all U.S. right, title, or interest in specified property in Anne Arundel County, Maryland.
(Sec. 136) Authorizes the Secretary of the Army to acquire from willing sellers, or floodproof or relocate, any land and property in the vicinity of Pierre, South Dakota, adversely affected by the full wintertime Oahe Powerplant releases from the Missouri River Main Stem dams of the Pick-Sloan Missouri River Basin Program. Authorizes appropriations.
(Sec. 137) Authorizes the Secretary of the Army, acting through the Chief of Engineers, to carry out the project for flood damage reduction and recreation, Grand Forks, North Dakota, and East Grand Forks, Minnesota.
(Sec. 138) Amends the Police Corps Act to require State Police Corps participants to attend between 16 and 24 weeks of training at a training center (currently no more than 16 weeks), which may be conducted in up to three separate sessions (currently at specified points in the overall program). Authorizes appropriations for the Police Corps Act through FY 2002.
(Sec. 139) Authorizes the President to present gold medals, on behalf of the Congress, to named individuals referred to collectively as the "Little Rock Nine," in recognition of the selfless heroism they exhibited and the pain they suffered in the cause of civil rights by integrating Central High School in Little Rock, Arkansas.
Authorizes the President to present, on behalf of the Congress, a gold medal to Gerald and Betty Ford in recognition of their dedicated public service and outstanding humanitarian contributions to the people of the United States.
Authorizes appropriations. Authorizes the Secretary of the Treasury to strike and sell duplicates of such medals in bronze.
Amends the United States Commemorative Coin Act of 1996 to extend through December 31, 1998, the Secretary's authority to make bulk sales at a reasonable discount to the Jackie Robinson Foundation of coins minted to commemorate the 50th anniversary of Robinson's breaking of the color barrier in major league baseball.
(Sec. 140) Directs the Attorney General to convey to the City of Tracy, California, specified property in San Joaquin County, California, currently administered by the Federal Bureau of Prisons, to permit the City to use part of it for a joint secondary and post- secondary educational facility, and part of it for economic development.
(Sec. 141) Lorton Technical Corrections Act of 1998 - Amends the National Capital Revitalization and Self-Government Improvement Act of 1997, with respect to closure of the Lorton Correctional Complex, to repeal the transfer of Lorton property to the Department of the Interior. Requires transfer of such property to the General Services Administration (GSA).
Requires Fairfax County, Virginia, to submit to the Administrator of General Services (GSA Administrator) a reuse plan that aims to maximize use of the land for open space, park land, or recreation, while outlining permissible or required uses, potential development densities, and time limits on such development factors of the property.
Requires the Secretary of the Interior to notify GSA of any property it requests to be transferred to it for a land exchange by the U.S. Fish and Wildlife Service within Virginia. Requires GSA to transfer such property to the Department at no cost.
Prescribes conditions on the transfer of Lorton property east of Ox Road (Route 123). Requires the transfer at fair market value: (1) to the Northern Virginia Regional Park Authority, the Fairfax County Park Authority, or another public entity of any property identified for use for open space, park land, or recreation in the Fairfax County reuse plan; and (2) to Amtrak of a specified parcel east of Shirley Highway on Interstate 95.
Requires the GSA Administrator to report to specified congressional committees on related plans and costs.
(Sec. 142) Olympic and Amateur Sports Act Amendments of 1998 - Retitles the Amateur Sports Act as the Ted Stevens Olympic and Amateur Sports Act.
Amends the Act to define "paralympic sports organization."
Includes the Paralympic Games and amateur athletes with disabilities within the scope of the Act and the U.S. Olympic Committee (USOC).
Provides for: (1) establishment of an Athletes' Advisory Council; (2) USOC membership for paralympic sports organizations; and (3) the USOC board of directors to be at least 20 percent amateur athletes.
Permits the USOC to remove a civil suit from State court to Federal district court.
Includes the International Paralympic Committee and the Pan-American Sports Organization (and their symbols) within the USOC trademark protections, including the exclusive right by the USOC to authorize such symbols' use.
Includes the Paralympic Games within the scope of specified USOC dispute resolution provisions. Prohibits a court from granting injunctive relief against the USOC in a dispute about an athlete's participation under specified conditions. Requires the USOC to hire an ombudsman to provide athletes with free advice about their rights under such Act.
Requires the USOC to have a designated agent in Colorado to receive service of process. (Current law requires an agent in each State.)
Requires reports every fourth year. (Current law requires annual reports.)
Authorizes the USOC to send an incomplete team to an event if a team roster can not be filled with qualifying athletes.
Includes the Paralympic Games within the scope of certain provisions regarding recognition of amateur sports organizations.
Requires the USOC to hold at least two public hearings before recognizing a national governing body.
Revises related provisions regarding: (1) written notifications; (2) arbitration; (3) criteria, election, and voting procedures for certain governing board athlete requirements; and (4) paralympic governing bodies.
Requires national governing bodies to distribute certain information in a timely manner to coaches, athletes, and others involved in the sport.
Requires the USOC to notify a national governing body of probation and the required corrective actions.
Requires the USOC to report to the Congress five years from the date of enactment of this Act regarding the effectiveness of its provisions.
(Sec. 143) Amends the Department of Defense Appropriations Act, 1997 to reduce from $3 million to $1 million the minimum threshold amount of each Department of Defense disbursement which must be matched to a particular obligation before it is made.
(Sec. 144) Amends the Department of Defense Appropriations Act, 1999 to revise the prohibition against the use of appropriations for operation and maintenance or for procurement to enter into or renew a contract with any company owned, or partially owned, by the People's Republic of China (PRC) or the PRC People's Liberation Army. Requires that such ownership be more than a 50 percent interest in the company.
(Sec. 145) Amends the National Defense Authorization Act for Fiscal Year 1997, as amended by the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999, to postpone until April 30, 1999, any sale of certain property belonging to the Armed Forces Retirement Home in Washington, D.C. Requires deposit of sale proceeds in the Armed Forces Retirement Home Trust Fund.
(Sec. 146) Amends the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 to declare that mandatory advance certification of any export to the PRC of missile equipment or technology shall not apply to the export of inertial reference units and components in manned civilian aircraft or supplied as spare or replacement parts for such aircraft.
(Sec. 147) Directs the Secretary of the Navy to assess the requirement for Marine Corps warfighting and attrition reserve F-A-18 aircraft and monitor the viability of the existing F-A-18 production line to meet specified requirements.
(Sec. 148) Amends the Department of Defense Appropriations Act, 1992 with respect to mandatory final payment of any unpaid aviator retention bonus owed to a aviation officer who died as a result of flight operations during Operation Desert Storm. Extends such payment requirement to: (1) any supplemental payment if the officer's final military pay account is already settled; and (2) to any officer who died as a result of flight operations during Operate Desert Shield (commencing August 2, 1990), as well.
(Sec. 149) Reenacts chapter 12 of the Federal Bankruptcy Code (Adjustment of Debts of a Family Farmer with Regular Annual Income) for the period beginning October 1, 1998, and ending on April 1, 1999, (thereby extending family farmer bankruptcy relief).
Provides for the continuation of all cases and proceedings as if such chapter were continued in effect after April 1, 1999, including the substantive rights of parties in connection with such cases.
(Sec. 150) Directs the Secretary of the Interior to offer to reinstate the Memorandum of Agreement between the Mississippi Department of Wildlife Conservation and the U.S. Fish and Wildlife Service concerning the framework closing dates for the 1979-1980 through 1981-1982 duck hunting seasons, executed in November 1979, for the 1998-1999 duck hunting season in Mississippi. Requires such season to end on January 31, 1999. Limits the total number of days for the season to 51.
Requires the Secretary to extend such agreement to any other requesting State on the Lower-Region Regulations Committee of the Mississippi Flyway Council for the 1998-1999 duck hunting season, if such State agrees to reduce the total number of days in the season to the extent necessary to result in no net increase in the State's duck harvest for that season.
(Sec. 151) Federal Vacancies Reform Act of 1998 - Revises Federal law regarding the filling of Federal vacancies when an appointed officer of an executive agency (including the Executive Office of the President but not the General Accounting Office (GAO)) dies, resigns, or is otherwise unable to perform office functions. Authorizes the President, in such a situation, to direct a person who serves in an office for which appointment is required to perform such functions temporarily in an acting capacity, subject to specified time limitations. (Retains the requirement that the first assistant of such officer shall perform such functions temporarily in an acting capacity as well, subject to specified time limitations and limitations.)
Bars a person from serving as an acting officer if: (1) on the date of the officer's inability to serve, such person serves in the position of first assistant; (2) during the 365-day period preceding such date, such person served as first assistant for less than 180 days; and (3) the President submits a nomination of such person to the Senate for appointment to such office.
Revises time limitations on temporary appointments, limiting service to 210 (currently, 120) days, or, once a first or second nomination for the office is submitted to the Senate, to the period the nomination is pending. Changes the 120-day limitation to 210 days with respect to provisions regarding rejection, withdrawal, or return of nominations.
Makes this Act the exclusive means for temporarily authorizing an acting official to perform the functions and duties of any affected office for which an advice and consent appointment is required, unless: (1) a statutory provision expressly authorizes the President, a court, or the head of an executive department to designate an officer to perform the functions and duties of a specified office temporarily in an acting capacity, or designates an officer to perform such functions and duties in a temporary acting capacity; or (2) the President makes an appointment to fill a vacancy during a Senate recess.
Permits only the head of an executive agency to perform office functions and duties of a vacant office, unless a temporary acting appointment to the office is made according to this Act. Declares that any action to perform a function of a vacant office taken by a person not acting under this Act shall have no force or effect.
Directs the heads of affected executive agencies to submit to the Comptroller General and to the Congress: (1) notification of a vacancy and the date such vacancy occurred immediately upon occurrence of the vacancy; (2) the name of the person serving in an acting capacity and the date such service began immediately upon the designation; (3) the name of any person nominated to fill the vacancy and the date such nomination is submitted immediately upon submission; and (4) the date of a rejection, withdrawal, or return of any nomination immediately upon such action.
Requires the Comptroller General to report to specified congressional committees, the President, and the Office of Personnel Management any determination that an officer is serving longer than the prescribed 210-day period, including exceptions to such period.
States that any notification of an intent to nominate submitted to the Senate during a recess or adjournment longer than 15 days shall be considered a nomination in itself.
Title II: Fisheries - Subtitle I: Fishery Endorsements - American Fisheries Act - Amends Federal law with regard to ownership requirements for eligibility of certain vessels to receive a fishery endorsement to operate in certain fisheries and under certain terms and conditions. Requires that: (1) U.S. citizens own or control, at each tier of ownership and in the aggregate, at least 75 percent of the interest in the corporation, partnership, association, trust, joint venture, limited liability company, limited liability partnership, or other entity that owns the vessel; and (2) a fishery endorsement for a vessel that is chartered or leased to a noncitizen or to an ineligible entity be invalid immediately upon its use as a fishing vessel.
(Sec. 202 (sic)) Declares that an otherwise eligible owner of a vessel with a fishery endorsement shall be ineligible by reason of a mortgage secured by the vessel to a trustee eligible to own such a vessel, where the mortgage is issued, assigned, transferred, or held in trust for an ineligible person, unless the trustee meets certain requirements and the issuance, assignment, transfer, or trust arrangement does not result in an impermissible transfer. Allows a right under such a mortgage to be issued, assigned, or transferred to an ineligible person only with the approval of the Secretary of Transportation.
Exempts from these ownership and transfer requirements (but not from other fishery endorsement eligibility requirements in effect on October 1, 1998): (1) any vessel when it is engaged in fisheries in the exclusive economic zone under the Western Pacific Fishery Management Council; and (2) any purse seine vessel engaged in tuna fishing in the Pacific Ocean outside the U.S. exclusive economic zone or pursuant to the South Pacific Regional Fisheries Treaty.
Includes as a preferred mortgage one that, with respect to a vessel with a fishery endorsement that is 100 feet or greater in registered length, has as the mortgagee: (1) a person eligible to own a vessel with a fishery endorsement; (2) a state or federally chartered financial institution that satisfies the 75-percent U.S. citizen controlling interest criteria; or (3) a person that complies with specified mortgage requirements.
(Sec. 203) Directs the Administrator of the Maritime Administration to administer this subtitle with respect to vessels measuring 100 feet or more. Requires the Secretary to establish compliance requirements for vessels measuring under 100 feet.
Prescribes civil penalties for knowingly making false statements about eligibility under this subtitle.
Exempts certain named vessels from the requirements of this subtitle until such time after October 1, 2001, as more than 50 percent of the interest owned and controlled in the vessel changes, so long as fishery endorsement eligibility requirements are met which were in effect before enactment of this subtitle.
(Sec. 204) Amends the Commercial Fishing Industry Vessel Anti-Reflagging Act of 1987 to repeal a specified grandfather clause.
Subtitle II: Bering Sea Pollock Fishery - Establishes an allocations program regarding the total allowable catch in the Bering Sea and Aleutian Islands Management Area pollock fishery. Allocates ten percent of the total allowable catch as a directed fishing allowance to the western Alaska community development quota program, and the remainder (after certain subtractions) according to a specified schedule.
(Sec. 207) Authorizes a program of payments to the owners of certain catcher-processors operating in the Bearing Sea pollock fishery (buyout program) for scrapping their vessels or at least ceasing to harvest stocks of fish inside the U.S. exclusive economic zone from catcher-processors outside such zone. Requires the Secretary of Commerce to establish an inshore fee system for collecting fees on harvested fish for repayment of a direct loan component of the buyout program. Authorizes appropriations. Prescribes penalties for violation of program terms.
(Sec. 208) Names catcher vessels and catcher-processors eligible to harvest pollock, subject to specified conditions, including shoreside processors meeting certain requirements which shall be the only ones to which such pollock may be delivered.
(Sec. 209) Lists vessels that are permanently ineligible for fishery endorsements. Declares extinguished any claims associated with them that could qualify any owners for any present or future limited access system permit in any fishery within the U.S. exclusive economic zone.
(Sec. 210) Prescribes requirements and limitations for fishery cooperatives subject to contracts with the North Pacific Council.
(Sec. 211) Sets forth certain requirements for protection and conservation measures for other fisheries in the North Pacific.
(Sec. 212) Amends the Fisheries Financing Act to prohibit Federal loans for the construction or rebuilding of certain vessels intended for use as a fishing vessel if such a vessel will exceed certain specifications. Title III: Denali Commission - Denali Commission Act of 1998 - Establishes the Denali Commission to develop an annual proposed work plan for Alaska. Requires the Commission, in developing the work plan, to: (1) solicit project proposals from local governments and other entities and organizations; and (2) provide for a comprehensive work plan for rural and infrastructure development and necessary job training in the area covered under such plan.
(Sec. 304) Requires the Commission to submit a report that outlines the work plan and contains recommendations for funding priorities to the Secretary of Commerce, the Federal Co-chairperson of the Commission, and the Director of the Office of Management and Budget. Directs the Secretary: (1) to provide a 30-day period for public review and comment on such plan; and (2) within 30 days after such period, to approve, disapprove, or partially approve the plan.
Requires the Commission to: (1) provide assistance, seek to avoid duplicating services and assistance, and complement the water and sewer wastewater programs under specified provisions of the Consolidated Farm and Rural Development Act and the Safe Drinking Water Act Amendments of 1996; and (2) develop a plan to provide for the repair or replacement of bulk storage tanks in Alaska that are not in compliance with applicable Federal or State law.
Exempts the Commission from the provisions of the Federal Advisory Committee Act.
Title IV: American Competitiveness and Workforce Improvement Act - American Competitiveness and Workforce Improvement Act of 1998 - Subtitle A: Provisions Relating to H-1B Nonimmigrants - Amends the Immigration and Nationality Act to increase from current levels the number of annual H-1B skilled nonimmigrant visas through FY 2001.
(Sec. 412) Requires H-1B employer labor applications to include: (1) protections against U.S. worker layoffs, including employment transfers; and (2) demonstration of a good faith effort to recruit U.S. workers.
Defines "H-1B dependent employer", "exempt H-1B nonimmigrant", and "United States worker."
(Sec. 413) Revises enforcement and penalty provisions, including authorization of arbitration for the Attorney General and temporary additional investigative power for the Secretary of Labor.
(Sec. 414) Directs the Attorney General to impose a $500 H-1B employer H-1B petition fee to be deposited in a specified Treasury fund and used for: (1) job training; (2) scholarships for low-income students in higher education programs of mathematics, computer science, or engineering; (3) enrichment programs in mathematics, science, or engineering; and (4) petition and application related administration and enforcement.
(Sec. 415) Sets forth prevailing wage criteria for professional athlete and academic or research institute employee categories.
(Sec. 416) Directs the Attorney General to submit specified quarterly and annual H-1B visa reports.
(Sec. 417) Requires the Director of the National Science Foundation to: (1) contract with the National Academy of Sciences for a study of older workers in the information technology field; and (2) conduct a study of high-technology labor market needs.
Subtitle B: Special Immigrant Status for Certain NATO Civilian Employees - Amends the Immigration and Nationality Act to provide special immigrant status for certain North Atlantic Treaty Organization (NATO) civilian employees and dependents.
Subtitle C: Miscellaneous Provisions - Amends the Immigration and Nationality Act to authorize H-1B aliens to accept specified academic honorarium payments for services on behalf of an institution of higher education.
Title V: Salton Sea Feasibility Study - Requires the Secretary of the Interior to complete all studiesof the feasibility and benefit- cost of various options that permit the continued use of the Salton Sea as a reservoir for irrigation drainage and: (1) reduce and stabilize the overall salinity of the Sea; (2) stabilize the surface elevation of the Sea; (3) reclaim healthy fish and wildlife resources and their habitats; and (4) enhance the potential for recreational uses and economic development of the Sea.
Requires the Secretary to: (1) identify any options he deems economically feasible and cost-effective; (2) identify any additional information necessary to develop construction specifications; and (3) submit any recommendations, along with the results of the study to the Committees no later than January 1, 2000.
Directs the Secretary to carry out the feasibility study in accordance with a memorandum of understanding entered into by the Secretary, the Salton Sea Authority, and the Governor of California.
Requires the Secretary, in evaluating options, to: (1) apply assumptions regarding water inflows into the Salton Sea Basin that encourage water conservation, account for transfers of water out of such Basin, and are based on a maximum likely reduction in inflows into the Basin which could be 800,000 acre-feet or less per year; and (2) consider the ability of Federal, tribal, State, and local government sources and private sources to fund capital construction costs and annual operation, maintenance, energy, and replacement costs and to set forth the basis for any costsharing allocations as well as anticipated repayment, if any, of Federal contributions.
Sets forth the options to be considered in the study. Directs the Secretary, no later than January 1, 2000, to complete all feasibility studies and cost analyses necessary for the Congress to fully evaluate such options.
Title VI: Cheyenne River Sioux Tribe, Lower Brule Sioux Tribe, and State of South Dakota Terrestrial Wildlife Habitat Restoration - Directs the State of South Dakota, the Cheyenne River Sioux Tribe, and the Lower Brule Sioux Tribe to each develop a plan for the restoration of terrestrial wildlife habitat loss that occurred as a result of flooding related to the Big Bend and Oahe projects carried out under the Pick-Sloan Missouri River Basin program. Requires each plan to be submitted to the Secretary of the Army for review and to appropriate congressional committees. Provides funding for such plans and transitional provisions. Authorizes South Dakota to use available funds to develop a program for the purchase of wildlife habitat leases and requires such leases to provide for public access for sportsmen during hunting season and for other outdoor uses covered under the lease.
(Sec. 603) Establishes in the Treasury the South Dakota Terrestrial Wildlife Habitat Restoration Trust Fund, the Cheyenne River Sioux Tribe Terrestrial Wildlife Restoration Trust Fund, and Lower Brule Sioux Tribe Terrestrial Wildlife Habitat Restoration Fund, to be used to implement wildlife habitat restoration plans authorized under this title.
(Sec. 605) Directs the Secretary to transfer to the South Dakota Department of Game, Fish and Parks specified Federal lands for fish and wildlife purposes, or public recreation purposes, in perpetuity.
Grants certain permits, rights-of-way, and easements on specified land on the Missouri River between the Oahe Dam and Highway 14 and on land used by the Oglala Sioux Rural Water Supply System to the Oglala Sioux in perpetuity to be held in trust under the Mni Wiconi Project Act of 1988.
(Sec. 606) Directs the Secretary to transfer to the Secretary of the Interior certain Federal land and recreation areas, to be held in trust for the Cheyenne and Lower Brule Tribes.
(Sec. 608) Requires the Secretary to arrange for the U.S. Geological Survey to conduct a study of the potential impacts of the land transfers under this Act. Bars any transfer until the Secretary determines that the transfer will not significantly reduce the amount of water flow to the downstream States of the Missouri River.
(Sec. 609) Authorizes appropriations to: (1) the Secretary for administrative expenses and the implementation of terrestrial wildlife habitat restoration plans; and (2) the Secretary of the Interior for administrative expenses in carrying out this title.
Title VII: Office of National Drug Control Policy Reauthorization - Office of National Drug Control Policy Reauthorization Act of 1998 - Reestablishes in the Executive Office of the President an Office of National Drug Control Policy which shall: (1) develop, coordinate, and oversee national drug control policy; (2) assess and certify the adequacy of national drug control programs and the budget for those programs; and (3) evaluate program effectiveness.
(Sec. 703) Specifies that the location of the Office in the Executive Office of the President shall not be construed as affecting congressional access to any information, document, or study of the Director, or personnel of the Office.
Establishes in the Treasury a fund for the receipt of gifts to aid or facilitate the work of the Office.
(Sec. 704) Provides for the appointment by the President, with the advice and consent of the Senate, of a Director of National Drug Control Policy, a Deputy Director of National Drug Control Policy, and Deputy Directors for Demand Reduction, Supply Reduction, and State and Local Affairs.
Sets forth provisions regarding: (1) criteria for appointing the Deputy Director for Demand Reduction; (2) duties of the Deputy Director of National Drug Control Policy (Deputy Director); (3) designation of other officers; (4) prohibitions against the Director and Deputy Director serving in any other Federal position and against any Office officer or employee participating in Federal election campaign activities, with an exception; and (5) the responsibilities of the Director and of National Drug Control Program (NDCP) agencies.
Requires the Director to: (1) develop a consolidated NDCP budget proposal designed to implement the National Drug Control Strategy (Strategy); (2) submit the consolidated budget proposal to the President and, subsequently, the Congress; and (3) review and certify budget requests and budget submissions of NDCP agencies, consistent with specified procedures.
Sets forth provisions regarding: (1) reprogramming and transfer requests; (2) powers of the Director; (3) personnel detailed to the Office; (4) fund control notices; and (5) inapplicability of certain provisions to specified foreign intelligence and military-related programs.
(Sec. 705) Requires the head of any NDCP agency, at the Director's request, to cooperate with and provide the Director any statistics, studies, reports, and other information prepared or collected by the agency concerning the responsibilities of the agency under the Strategy that relate to drug abuse control or the manner in which amounts made available to that agency for drug control are being used by that agency.
Requires authorities conferred on the Office and the Director to be exercised in a manner consistent with provisions of the National Security Act of 1947 with respect to the protection of intelligence information.
Requires the Secretary of Agriculture to annually submit to the Director an assessment of the acreage of illegal drug cultivation in the United States.
Sets forth provisions regarding certification to the Director of policy changes, administrative support, and accounting of funds expended.
(Sec. 706) Directs the President, by February 1, 1999, to submit to the Congress a Strategy, which shall set forth a comprehensive plan covering up to five years, for reducing drug abuse and its consequences in the United States, by limiting the availability of and reducing the demand for illegal drugs.
Requires the Strategy to include: (1) comprehensive, research- based, long-range, quantifiable goals; (2) annual, quantifiable, and measurable objectives and specific targets; (3) five-year projections for program and budget priorities; and (4) a review of international, State, local, and private sector drug control activities to ensure that the United States pursues well-coordinated and effective drug control at all levels of government.
Sets forth provisions regarding: (1) the handling of classified information; and (2) a process for development and submission of the Strategy.
Specifies Strategy targets over five years for the reduction of: (1) unlawful drug use by the U.S. population and by adolescents; (2) availability in the United States of and purity levels for cocaine, heroin, marijuana, and methamphetamine; (3) drug-related crime. Requires the President to submit to the Congress an annual Strategy progress report. Authorizes submission of a revised Strategy.
Expresses the sense of the Congress regarding a national drug control performance measuring system and requires the Director, by February 1, 1999, to submit to the Congress a description of such system.
(Sec. 707) Establishes in the Office the High Intensity Drug Trafficking Areas Program. Authorizes the Director to designate any specified area of the United States as a high intensity drug trafficking area, allowing the Director to: (1) obligate such sums as appropriated for the Program; (2) direct the temporary reassignment of Federal personnel to such area, subject to the approval of the head of the department or agency that employs such personnel; (3) take other specified authorized action to provide increased Federal assistance to those areas; and (4) coordinate administrative, recordkeeping, and funds management activities with State and local officials. Sets forth criteria for designating a high intensity drug trafficking area. Requires the Director to ensure that no Federal funds appropriated for the Program are expended for the establishment or expansion of drug treatment programs.
(Sec. 708) Establishes: (1) within the Office the Counter-Drug Technology Assessment Center, headed by a Director of Technology; (2) the President's Council on Counter-Narcotics; and (3) the Parents Advisory Council on Youth Drug Abuse. Authorizes appropriations.
(Sec. 711) Requires the Director to submit to the Congress and to each Federal drug control program agency a report regarding: (1) marijuana, heroin, methamphetamine, and cocaine seizures, and the number of persons arrested for drug import and export-related offenses during specified years, with respect to the southern and western border regions of the United States; (2) the price of cocaine, heroin, methamphetamine, and marijuana during the year of highest price on record during the preceding ten-year period; and (3) a description of the personnel, equipment, funding, and other resources of the Federal drug control agency devoted to drug interdiction and securing U.S. borders against drug trafficking for specified years.
Requires: (1) each Federal drug control agency to submit to the Director a description of specific personnel, equipment, funding, and other resources that would be required for the agency to meet or exceed the highest level of interdiction success for that agency; and (2) the Director to include each such submission in each annual consolidated NDCP budget proposal submitted by the Director to the Congress, accompanied by a description of any additional resources that would be required by such agencies to meet the highest level of interdiction success identified.
(Sec. 712) Amends the National Security Act of 1947 to authorize the Director to attend and participate in meetings of the National Security Council.
(Sec. 714) Authorizes appropriations to carry out this title for FY 1999 through 2003.
(Sec. 715) Terminates this title on September 30, 2003.
Title VIII: Western Hemisphere Drug Elimination - Western Hemisphere Drug Elimination Act - Declares that it is U.S. policy to: (1) reduce the supply of drugs and drug use through an enhanced drug interdiction effort in the major drug transit countries and support a comprehensive supply country eradication and crop substitution program, because a commitment of increased resources in international drug interdiction efforts will create a balanced national drug control strategy among demand reduction, law enforcement, and international drug interdiction efforts; and (2) develop and establish comprehensive drug interdiction and drug eradication strategies, and dedicate the required resources, to achieve the goal of reducing the flow of illegal drugs into the United States by 80 percent by January 1, 2003.
Subtitle A: Enhanced Source and Transit Country Coverage - Authorizes appropriations for FY 1999 through 2001 for the Department of the Treasury for the enhancement of radar coverage in drug source and transit countries.
(Sec. 811) Directs the Secretary of Defense to examine and report to specified congressional committees on the options available to the United States for improving Relocatable Over the Horizon (ROTHR) capability to provide enhanced radar coverage of narcotics source zone countries in South America and transit zones in the Eastern Pacific.
(Sec. 812) Authorizes appropriations for FY 1999 through 2001 to the Secretary of Transportation for operating expenses of the Coast Guard (including acquisition, construction, and improvement of facilities and equipment) associated with expansion of drug interdiction activities around Puerto Rico, the U.S. Virgin Islands, and other transit zone areas of operation. Directs the Secretary to accept seven patrol craft for use by the Coast Guard for expanded drug interdiction activities.
(Sec. 813) Authorizes appropriations for FY 1999 through 2001 for the Department of the Treasury for the enhancement of air coverage and operation for drug source and transit countries.
Directs the Secretary of Defense to examine and report to specified congressional committees on the available options in the source and transit zones to replace Howard Air Force Base in Panama, specifying U.S. requirements to establish an airbase or airbases for use in support of counternarcotics operations to optimize operational effectiveness in the source and transit zones.
Directs the Secretary of the Navy to transfer certain retired aircraft to the U.S. Customs Service.
Subtitle B: Enhanced Eradication and Interdiction Strategy in Source Countries - Authorizes appropriations for FY 1999 through 2001 for the Department of State for the enhancement of drug-related eradication efforts in Colombia.
(Sec. 821) Prohibits U.S. counternarcotics assistance to the Government of Colombia, except in certain circumstances, if it negotiates or permits the establishment of any demilitarized zone in which the eradication of drug production by Colombian security forces (including the Colombian National Police antinarcotics unit) is prohibited.
(Sec. 822) Authorizes appropriations for FY 1999 through 2001 for the Department of State for the establishment of a third drug interdiction site in Peru to support air bridge and riverine missions for enhancement of drug-related eradication efforts. Directs the Secretary of Defense to study and report to the Congress on Peruvian counternarcotics air interdiction requirements.
(Sec. 823) Authorizes appropriations for FY 1999 through 2001 for the Department of State for enhancement of drug-related eradication efforts in Bolivia.
(Sec. 824) Authorizes appropriations for FY 1999 through 2001 for enhanced precursor chemical control projects.
(Sec. 825) Expresses the sense of the Congress that any individual serving as an assistant secretary of any Federal agency or department who has primary responsibility for international narcotics control and law enforcement (including the principal deputy of any such assistant) shall have substantial professional qualifications in the fields of management, Federal law enforcement or intelligence, and foreign policy.
Expresses the sense of the Congress that the responsiveness and effectiveness of Department of State international narcotics assistance activities have been hampered due, in part, to the lack of law enforcement expertise by responsible Department of State personnel.
Subtitle C: Enhanced Alternative Crop Development Support in Source Zone - Authorizes appropriations for FY 1999 through 2001 for the U.S. Agency for International Development (AID) for certain alternative crop development programs in Colombia, Peru, and Bolivia.
(Sec. 832) Authorizes appropriations for FY 1999 through 2001 to the Secretary of Agriculture to support the counternarcotics research efforts of Department of Agriculture's Agricultural Research Service.
(Sec. 833) Requires the Director of the Office of National Drug Control Policy to develop, and report to the Congress on, a ten-year master plan for the use of herbicides to control narcotic crops (including coca, poppy, and cannabis) in the United States and internationally.
(Sec. 834) Authorizes the Secretary of State, the Attorney General, the Secretary of Agriculture, the Secretary of Defense, the Director of the Office of National Drug Control Policy, and the Administrator of the Environmental Protection Agency (EPA) to support the development and use of environmentally-approved herbicides to eliminate illicit narcotics crops, including coca, cannabis, and opium poppy, both in the United States and in foreign countries.
Subtitle D: Enhanced International Law Enforcement Training - Authorizes appropriations for FY 1999 through 2001 for the Department of Transportation (DOT) and the Department of the Treasury for the joint establishment, operation, and maintenance in San Juan, Puerto Rico, of a center for training law enforcement personnel of countries located in Latin America and the Caribbean in matters relating to maritime law enforcement (including customs-related ports management matters).
(Sec. 841) Authorizes appropriations for FY 1999 through 2001 for the DOT for the establishment, operation, and maintenance of maritime training vessels.
(Sec. 842) Authorizes appropriations for FY 1999 through 2001 for the Department of Justice for: (1) substantial exchanges for Mexican judges, prosecutors, and police; and (2) enhanced support for the Brazilian Federal Police Training Center.
Authorizes appropriations for FY 1999 through 2001 for the DOT for operation and maintenance for locating and operating Coast Guard assets so as to strengthen the capability of the Coast Guard of Panama to patrol the Atlantic and Pacific coasts for drug enforcement and interdiction activities. Makes members of the national police of Panama eligible to receive training through the International Military Education Training (IMET) program.
Authorizes appropriations for FY 1999 through 2001 for the Department of Justice for operation and maintenance for support for the Venezuelan Judicial Technical Police Counterdrug Intelligence Center.
Authorizes appropriations for FY 1999 through 2001 for the DOT and the Department of the Treasury for the buildup of local coast guard and port control in: (1) Guayaquil and Esmeraldas, Ecuador; (2) Haiti and the Dominican Republic; and (3) Belize, Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua (Central America).
(Sec. 843) Authorizes the Administrator of the Drug Enforcement Administration (DEA), subject to specified conditions, to transfer or lease a specified amount of nonlethal equipment each year to foreign law enforcement organizations for the purpose of establishing and carrying out cooperative illicit narcotics control activities.
Expresses the sense of the Congress that: (1) all U.S. law enforcement personnel serving in Mexico should be accredited the same status under the Vienna Convention on Diplomatic Immunity as other diplomatic personnel serving at U.S. posts in Mexico; and (2) all Mexican narcotics law enforcement personnel serving in the United States should be accorded the same diplomatic status as DEA personnel serving in Mexico.
Subtitle E: Enhanced Drug Transit and Source Zone Law Enforcement Operations and Equipment - Authorizes appropriations for FY 1999 through 2001 for the DEA and the U.S. Customs Service of the Department of the Treasury for enhancement of counternarcotics operations in drug transit and source countries.
(Sec. 851) Authorizes appropriations for FY 1999 through 2001 for the Department of State for the deployment of commercial unclassified intelligence and imaging data and a Passive Coherent Location System for counternarcotics and interdiction purposes in the Western Hemisphere.
Directs the Secretary of Defense to examine and propose to the Congress recommendations regarding any organizational changes to optimize counterdrug activities, including alternative cost-sharing arrangements regarding certain facilities.
(Sec. 852) Authorizes appropriations for the development and purchase of computer software and hardware to facilitate direct communication between agencies that perform work relating to the interdiction of drugs at U.S. borders, including the Customs Service, the Border Patrol, the Federal Bureau of Investigation (FBI), the DEA, and the Immigration and Naturalization Service (INS).
(Sec. 853) Expresses the sense of the Congress that the Secretary of Defense should revise the Global Military Force Policy of the Department of Defense (DOD) in order to: (1) treat DOD international drug interdiction and counter-drug activities as a military operation other than war (thus elevating its priority to just below that for war); and (2) allocate DOD assets to drug interdiction and counter-drug activities in accordance with such priority.
Subtitle F: Relationship to Other Laws - Declares that funds authorized to be appropriated for any Federal department or agency for FY 1999 through 2001 are in addition to funds authorized to be appropriated for that department or agency for those fiscal years by any other provision of law.
Subtitle G: Trafficking in Controlled Substances - Controlled Substances Trafficking Prohibition Act - Amends the Controlled Substances Import and Export Act to prohibit U.S. residents from importing into the United States a non-schedule I controlled substance exceeding 50 dosage units if they: (1) enter the United States through an international land border; and (2) do not possess a valid prescription or documentation verifying such a prescription.
(Sec. 872) Declares that such Federal requirement does not limit any State from imposing additional requirements.
Title IX: Drug-Free Workplace Act - Drug-Free Workplace Act of 1998 - Expresses the sense of the Congress that: (1) businesses should adopt drug-free workplace programs; and (2) States should consider incentives to encourage businesses to adopt such programs, such as reductions in workers' compensation or unemployment insurance premiums, tax deductions, or liability limitations.
(Sec. 904) Amends the Small Business Act to establish a drug-free workplace demonstration program, under which the Administrator of the Small Business Administration (SBA) may make grants to, or cooperative agreements or contracts with, eligible intermediaries to provide financial and technical assistance to small businesses seeking to establish such a program. Outlines privacy requirements for employees participating in a program. Directs the SBA Administrator to evaluate such programs and report evaluation results to the Congress.
(Sec. 905) Authorizes appropriations for FY 1999 and 2000.
(Sec. 906) Allows the greater of ten percent of such authorized amounts or $1 million to be used to provide information and assistance to small business concerns with respect to establishing such programs on or before October 1, 2000.
Title X: Canyon Ferry Reservoir, Montana, Act - (Canyon Ferry Reservoir, Montana, Act) - Directs the Secretary of the Interior (Secretary) to convey to the Canyon Ferry Recreation Association (CFRA) or a purchaser 265 cabin sites and contiguous parcels around Canyon Ferry Reservoir, Montana, subject to valid existing rights and the operational requirements of the Pick-Sloan Missouri River Basin Program. Requires the Secretary, the purchaser, CFRA, and each subsequent owner of each property, in order to maintain the unique character of the Reservoir area, to covenant that the use restrictions concerning access to the Reservoir and the future uses of the property shall: (1) be appurtenant to, and run, with each property; and (2) be binding on each subsequent owner of each property.
(Sec. 1004) Requires: (1) a sealed bidding process for such sale; (2) a required minimum bid to be met; and (3) the CFRA to have the right to match the highest bid offered for such properties. Outlines other conveyance terms, including that the conveyance be completed within one year after at least $3 million, or a lesser amount as offset by in-kind contributions made before full funding of a Canyon Ferry-Broadwater County Trust, is deposited as the initial corpus of such Trust.
(Sec. 1005) Requires the Secretary, acting through the Commissioner of Reclamation, to: (1) offer to contract with the Board of Commissioners for Broadwater County, Montana, to manage the Silo's campground; (2) enter into a contract if agreed to; and (3) grant necessary easements for access roads within and adjacent to the campground. Specifies that any income generated by any concession granted by the Commissioners at the Silo's recreation area: (1) be deposited in the Canyon-Ferry Broadwater County Trust; and (2) may be disbursed by the Trust manager as part of the income of the Trust.
(Sec. 1006) Requires: (1) ten percent of the proceeds of conveyances to be applied by the Secretary of the Treasury to reduce the outstanding debt for the Pick-Sloan project at the Reservoir; and (2) 90 percent of such proceeds to be deposited in the Montana Fish and Wildlife Conservation Trust.
(Sec. 1007) Directs the Secretary to establish a nonprofit charitable permanent perpetual public trust in Montana known as the Montana Fish and Wildlife Conservation Trust to provide a permanent source of funding to acquire publicly accessible land and interests in landin Montana from willing sellers at fair market value to: (1) restore and conserve fisheries and wildlife habitat; (2) enhance public hunting, fishing, and recreational opportunities; and (3) improve public access to public land.
Establishes a Joint State-Federal Agency Board to submit to the Trust manager a request for disbursement from the Trust under specified conditions.
Directs the Secretary to nominate, and the Joint State-Federal Agency Board to approve, a Citizen Advisory Board to prepare and periodically update a Trust plan including recommendations for requests for disbursement by the Joint State-Federal Agency Board.
Requires the Joint State-Federal Agency Board to notify the public and provide opportunity for public comment before requesting any disbursements.
Prohibits not more than half of the income from the Trust in any year from being used outside the watershed of the Missouri River in Montana, from Holter Dam upstream to the confluence of the Jefferson River, Gallatin River, and Madison River.
(Sec. 1008) Directs the Commissioners to establish a nonprofit charitable permanent perpetual public trust known as the Canyon Ferry- Broadwater County Trust. Permits a sum not to exceed $500,000 to be expended from the corpus of the Trust to pay for the planning and construction of a harbor for the Silo's recreation area. Provides for the balance of the Trust to be held and the income to be expended annually for the improvement of access to the portions of the Reservoir lying within Broadwater County, and for the creation and improvement of new and existing recreational areas within the County.
Prohibits the corpus and the Trust income from being used to reduce or replace the regular operating expenses of the Secretary at the Reservoir, unless approved by the Commissioners.
(Sec. 1009) Authorizes the Secretary to: (1) investigate, plan, construct, operate, and maintain public recreational facilities on land withdrawn or acquired for the development of the Canyon Ferry unit of the Pick-Sloan Missouri River Basin Project; (2) conserve the scenery, the natural historic, paleontologic, and archaeologic objects, and the wildlife on the land; (3) provide for public use and enjoyment of the land and of the water areas created by the project by such means as are consistent with but subordinate to the project's purposes; and (4) investigate, plan, construct, operate, and maintain facilities for the conservation of fish and wildlife resources.
Title XI: Moratorium on Certain Taxes - Internet Tax Freedom Act - Prohibits a State or political subdivision thereof from imposing the following taxes on Internet transactions occurring during the period beginning on October 1, 1998, and ending three years after the date of enactment of this Act: (1) taxes on Internet access, unless such tax was generally imposed and actually enforced prior to October 1, 1998; or (2) multiple or discriminatory taxes on electronic commerce. Provides an exception from such moratorium for: (1) persons making any communication for commercial purposes, by means of the World Wide Web, of material that is harmful to minors, unless such a person requires the use of an adult personal identification number or other procedures as the Federal Communications Commission may prescribe to restrict access to such material by persons under 17 years of age; and (2) an Internet access provider unless such provider offers its customer screening software designed to permit the customer to limit access to Internet material that is harmful to minors.
(Sec. 1102) Establishes the Advisory Commission on Electronic Commerce to study and report to the Congress on Federal, State, local, and international taxation and tariff treatment of transactions using the Internet and Internet access and other comparable intrastate, interstate, or international sales activities.
Title XII: Other Provisions - Expresses the sense of the Congress that no new Federal taxes similar to the taxes described above should be enacted with respect to the Internet and Internet access during the moratorium period.
(Sec. 1202) Amends the Trade Act of 1974 to direct the U.S. Trade Representative to identify and analyze foreign acts, policies, or practices which constitute significant barriers to U.S. electronic commerce, as well as to estimate the value of additional U.S. electronic commerce that would have been exported into, or invested in, such country except for such acts, policies, or practices.
(Sec. 1203) Expresses the sense of the Congress that the President should seek bilateral, regional, and multilateral agreements to remove barriers to global electronic commerce through specified international organizations and other appropriate venues. Includes as negotiating objectives under such agreements: (1) to assure that electronic commerce is free from tariff and nontariff barriers, burdensome and discriminatory regulation, and discriminatory taxation; and (2) to accelerate the growth of electronic commerce by expanding market access opportunities for the development of telecommunications infrastructure, the procurement of telecommunications equipment, the provision of Internet access and telecommunications services, and the exchange of goods, services, and digitalized information.
Title XIII: Children's Online Privacy Protection - Children's Online Privacy Protection Act of 1998 - Prohibits an operator of a website or online service directed to children, or any operator having actual knowledge that it is doing so, from collecting personal information from a child in a manner that violates regulations required under this title which are designed to protect such children from unlawful and deceptive practices in the collection of personal information. Provides an exception for information disclosed to a child's parent.
(Sec. 1303) Directs the Federal Trade Commission (FTC) to prescribe regulations requiring such operators to follow specified procedures in connection with the collection and use of personal information from children, including: (1) obtaining verifiable parental consent for the collection, use, or disclosure of such information; and (2) requiring such operators to establish and maintain procedures to protect the confidentiality, security, and integrity of collected information. Provides exceptions to the parental consent requirement.
(Sec. 1304) Allows an operator to satisfy such regulatory requirements by following a set of FTC-approved self-regulatory guidelines established by appropriate online representatives. Directs the FTC to provide incentives for such self-regulation.
(Sec. 1305) Authorizes the States to enforce such regulations by bringing actions on behalf of its residents, requiring the appropriate attorney general to first notify the FTC of such action. Authorizes the FTC to intervene in any such action.
(Sec. 1306) Provides for the enforcement of this title through the Federal Trade Commission Act.
(Sec. 1307) Directs the FTC to review and report to the Congress on the implementation of this title.
Title XIV: Child Online Protection - Child Online Protection Act - Amends the Communications Act of 1934 to prescribe civil and criminal penalties to be imposed against any person who, in interstate or foreign commerce, by means of the World Wide Web, makes any communication for commercial purposes that is available to any person under 17 years of age and that includes material that is harmful to such minors. Provides exceptions with respect to: (1) a telecommunications carrier and other persons engaged in the business of providing Internet access and related services.
(Sec. 1403) Provides an affirmative defense when such person has restricted access by such minors by requiring an adult personal identification number or other form of adult verification. Outlines privacy protection requirements.
(Sec. 1404) Requires a provider of interactive computer service to notify its customers that parental control protections are available to assist such customers in limiting access to material that is harmful to minors.
(Sec. 1405) Establishes the Commission on Online Child Protection to study and report to the Congress on methods to help reduce access by minors to harmful material on the Internet.
Title XV: Vaccine Injury Compensation Program Modification Act - Vaccine Injury Compensation Program Modification Act - Amends the Public Health Service Act with regard to the National Vaccine Injury Compensation Program (NVICP) to eliminate the $1,000 threshold requirement for unreimbursable expenses in a petition for compensation for a vaccine-related injury or death.
(Sec. 1503) Amends the Internal Revenue Code to: (1) make rotavirus gastroenteritis a taxable vaccine for Federal sales tax purposes; and (2) limit the payment of compensation for vaccine- related injury or death to injury or death only from a vaccine which is taxable at the time it is administered (after September 30, 1988).
Prohibits appropriations to the Vaccine Injury Compensation Trust Fund on and after any expenditure from the Fund which is not permitted by specified Federal law.
Title XVI: Service Connection for Persian Gulf War Illnesses - Persian Gulf War Veterans Act of 1998 - Presumes to be service-connected (and therefore compensable or treatable under Federal veterans' benefits provisions) any illness that: (1) the Secretary of Veterans Affairs determines to warrant such a presumption based upon a positive association with exposure to a biological, chemical, or toxic agent, an environmental or wartime hazard, or preventive medicine or vaccine associated with service in the southwest Asia theater of operations during the Persian Gulf War; and (2) becomes manifest in a Gulf War veteran within a period to be prescribed by the Secretary. Requires such presumption even though there is no record of evidence of such illness in the veteran during the period of service.
(Sec. 1602) Requires the Secretary to make such determinations based on sound medical and scientific evidence and to take into account reports submitted by the National Academy of Sciences (NAS) as required under this Act. Requires the Secretary to make determinations regarding presumptions of service connection for covered illnesses within 60 days after receipt of a NAS report.
(Sec. 1603) Directs the Secretary to enter into an agreement with NAS under which NAS shall identify: (1) the agents, hazards, or medicines to which Gulf War veterans may have been exposed; and (2) the illnesses that are manifest in such members. Requires NAS, in making such identification, to consider certain pesticides, nerve agents, repellents, compounds, radiation, particulates, endemic diseases, and vaccines. Requires NAS to submit to the congressional veterans and defense committees (designated committees) a report specifying all agents, hazards, or medicines considered. Directs NAS, after such identification, to determine whether a statistical association exists between exposure to such agent, hazard, or medicine and the illness. Requires NAS to separately review potential treatment models for such illnesses, make recommendations for additional studies, and perform subsequent reviews of available evidence and data. Requires periodic reports from NAS to the Secretary, the Secretary of Defense, and the designated committees concerning NAS activities.
Terminates requirements and activities under this Act ten years after NAS submits its first report.
Requires the Secretary to enter into an agreement with an alternative scientific organization if agreement cannot be reached with NAS.
Title XVII: Government Paperwork Elimination Act - Government Paperwork Elimination Act - Requires the Director of the Office of Management and Budget: (1) in providing direction and overseeing the acquisition and use of information technology, to include alternative information technologies that provide for electronic submission, maintenance, or disclosure of information as a substitute for paper and for the use and acceptance of electronic signatures; (2) to develop procedures for the use and acceptance of electronic signatures by executive agencies; (3) to ensure that, within five years, executive agencies provide for the option of electronic maintenance, submission, or disclosure of information as a substitute for paper and for the use and acceptance of electronic signatures, when practicable; (4) to develop procedures to permit private employers to store and file electronically with executive agencies forms containing information pertaining to employees; and (5) in cooperation with the National Telecommunications and Information Administration, to conduct and report the Congress on an ongoing study of the use of electronic signatures on paperwork reduction and electronic commerce, individual privacy, and the security and authenticity of transactions.
(Sec. 1707) Provides for: (1) the enforceability and legal effect of electronic signatures; (2) protection from disclosure of information collected in the provision of electronic signature services for executive agencies; and (3) applicability exceptions with respect to administration of the internal revenue laws.
Division D: Drug Demand Reduction Act - Drug Demand Reduction Act - Title I (sic): Targeted Substance Abuse Prevention and Treatment Programs - Subtitle A: National Youth Anti-Drug Media Campaign - Drug-Free Media Campaign Act of 1998 - Requires the Director of the Office of National Drug Control Policy to: (1) conduct a national media campaign for the purpose of reducing and preventing drug abuse among young people in the United States; and (2) use amounts made available to carry out this subtitle for media that focuses on, or that includes specific information on, prevention or treatment resources for consumers within specific local areas.
(Sec. 103 (sic)) Sets forth provisions regarding: (1) authorized and prohibited uses of funds; and (2) matching and reporting requirements. Requires the Director, in carrying out this subtitle, to devote sufficient funds to the advertising portion of the campaign to meet the stated reach and frequency goals.
(Sec. 105) Authorizes appropriations.
Subtitle B: Drug-Free Prisons and Jails - Drug-Free Prisons and Jails Act of 1998 - Requires the Director of the Bureau of Justice Assistance to establish a model substance abuse treatment program for substance-involved offenders by providing financial assistance to grant recipients and evaluating the success of programs conducted pursuant to this subtitle. Limits grant awards and administrative costs.
(Sec. 114) Sets forth requirements for grant applications, review and approval of awards, permissible uses of funds, and evaluation and reporting requirements. Requires the Director to establish minimum criteria for program evaluation.
(Sec. 118) Authorizes appropriations from the Violent Crime Reduction Trust Fund.
Subtitle C: Drug-Free Schools Quality Assurance - Drug-Free Schools Quality Assurance Act - Amends the Elementary and Secondary Education Act of 1965 to authorize and encourage the chief executive officer of each State or other entity designated to be responsible for education activities to: (1) establish a standard of quality for drug, alcohol, and tobacco prevention programs implemented in public elementary and secondary schools in the State in accordance with specified criteria (including a comparison of the rate of illegal use of drugs, alcohol, and tobacco by students enrolled over a specified period, the rate of suspensions or expulsions, program effectiveness, parental and community involvement, and the extent of review of existing community drug, alcohol, and prevention programs before implementation); and (2) identify and designate (upon application by a public elementary or secondary school) any such school that achieves such standard as a quality program school. Sets forth provisions regarding requests for a quality program designation and public notification.
Title II: Statement of National Antidrug Policy - Subtitle A: Congressional Leadership in Community Coalitions - Expresses the sense of the Congress that the individual Members of the House of Representatives should establish community-based anti-drug coalitions in their congressional districts or should actively support such coalitions that have been established.
Subtitle B: Rejection of Legalization of Drugs - Expresses the sense of the Congress that: (1) the States and their citizens should reject drug legalization; and (2) every State should make efforts to be drug-free.
Subtitle C: Report on Streamlining Federal Prevention and Treatment Efforts - Expresses the sense of the Congress that: (1) Federal Government efforts to reduce the demand for illegal drugs in the United States are frustrated by the fragmentation of those efforts across multiple departments and agencies; and (2) improvement of those efforts can best be achieved through consolidation and coordination.
(Sec. 221) Requires the Director of National Drug Control Policy to prepare and submit to specified congressional committees a report evaluating options for increasing the efficacy of Federal drug prevention and treatment programs and activities, including a review of the activities and potential consolidation of existing Federal drug information clearinghouses. Authorizes appropriations.
Division E: Methamphetamine Trafficking Penalty Enhancement Act of 1998 - Methamphetamine Trafficking Penalty Enhancement Act of 1998 - Amends the Controlled Substances Act and the Controlled Substances Import and Export Act to decrease the quantities of methamphetamine necessary to trigger specified trafficking penalties (to correspond to amounts triggering penalties for trafficking in crack cocaine).
(Sec. 3 (sic)) Amends the Violent Crime Control and Law Enforcement Act of 1994 to add as requirements for the use of funds under the Violent Offender Incarceration and Truth in Sentencing Incentive Grants program that a State: (1) provide assurances to the Attorney General that the State has implemented or will implement within 18 months policies that provide for the recognition of the rights of crime victims; and (2) consider, by September 1, 2000, a program of drug testing and intervention for appropriate categories of convicted offenders during periods of incarceration and post- incarceration and criminal justice supervision, with sanctions including denial or revocation of release for positive drug tests, consistent with guidelines issued by the Attorney General.
Limits the use of grant funds that may be applied to the cost of offender drug testing and intervention programs during periods of incarceration and post-incarceration criminal justice supervision. Makes funds available to the States to pay the costs of providing to the Attorney General a baseline study on their prison drug abuse problem.
Division F: Not Legalizing Marijuana for Medicinal Use - Expresses the sense of the Congress opposing efforts to legalize marijuana for medicinal use without valid scientific evidence and the approval of the Food and Drug Administration.
Directs: (1) the Attorney General to report to the House and Senate Judiciary Committees a report on the total quantity of marijuana eradicated in the United States from 1992 through 1997, and the annual number of arrests and prosecutions for Federal marijuana offenses during that period; and (2) the Commissioner of Foods and Drugs to report to specified congressional committees on the specific efforts underway to enforce provisions of the Federal Food, Drug and Cosmetic Act with respect to marijuana and other Schedule I drugs.
Division G: Foreign Affairs Reform and Restructuring Act of 1998 - Foreign Affairs Reform and Restructuring Act of 1998 - Subdivision A: Consolidation of Foreign Affairs Agencies - Title XI (sic): General Provisions - Foreign Affairs Agencies Consolidation Act of 1998 - Specifies the purposes of this subdivision, including: (1) to strengthen the coordination of U.S. foreign policy; (2) to consolidate the foreign affairs functions of the United States within the Department of State; and (3) to assist congressional efforts to balance the Federal budget and reduce the Federal debt. Directs the Secretary of State to report to the appropriate congressional committees each FY 1999 through 2001 on budgetary cost savings resulting from the reorganization.
Title XII: United States Arms Control and Disarmament Agency - Abolishes the U.S. Arms Control and Disarmament Agency (ACDA) as of April 1, 1999 (or, if earlier, the date mandated in the reorganization plan required by this Act), and transfers all functions of the ACDA Director to the Secretary.
(Sec. 1213) Amends the State Department Basic Authorities Act of 1956 to establish in the Department of State an Under Secretary for Arms Control and International Security.
Title XIII: United States Information Agency - Abolishes the U.S. Information Agency (USIA) (other than the Broadcasting Board of Governors and the International Broadcasting Bureau) as of October 1, 1999 (or, if earlier, the date mandated in the reorganization plan required by this Act), and transfers all functions of the USIA Director to the Secretary.
(Sec. 1313) Amends the State Department Basic Authorities Act of 1956 to establish in the Department of State an Under Secretary for Public Diplomacy.
(Sec. 1314) Abolishes the Office of the Inspector General of the USIA, and transfers all functions to the Office of the Inspector General of the Department of State and the Foreign Service.
(Sec. 1322) Amends the United States International Broadcasting Act of 1994 to declare that the Broadcasting Board of Governors shall continue to exist within the Executive branch of Government.
(Sec. 1328) Directs the Broadcasting Board of Governors to report to the appropriate congressional committees on the progress of the Board and of Radio Free Europe-Radio Liberty (RFE-RL), Incorporated to privatize the latter.
(Sec. 1334) Abolishes the United States Advisory Commission on Public Diplomacy.
(Sec. 1336) Repeals specified laws.
Title XIV: United States International Development Cooperation Agency - Abolishes the United States International Development Cooperation Agency (IDCA) (including the Institute for Scientific and Technological Cooperation, but excluding the Agency for International Development (AID) and the Overseas Private Investment Corporation (OPIC)) as of April 1, 1999 (or, if earlier, the date mandated in the reorganization plan required by this Act), and transfers all functions of the Agency Director to the Secretary.
Title XV: Agency for International Development - Mandates reorganization of AID, according to a specified plan required by this Act, as of April 1,1999 (or, if earlier, the date mandated in the plan), and transfers specified functions to the Department of State.
(Sec. 1522) Declares that the Administrator of AID shall report to and be under the direct authority and foreign policy guidance of the Secretary.
(Sec. 1523) Directs the Secretary, under the direction of the President, to coordinate all U.S. assistance programs, except export promotion (which shall be under the Secretary of Commerce) and international economic activities (which shall be under the Secretary of the Treasury).
Title XVI: Transition - Directs the President to submit to the appropriate congressional committees a reorganization plan for: (1) the abolition, and transfer of functions, of ACDA, USIA, and IDCA; and (2) the consolidation, and transfer of functions, of AID.
(Sec. 1611) Sets forth transition administrative provisions regarding: (1) the Secretary's reorganization authorities; (2) the transfer and allocation of appropriations and personnel; and (3) specified incidental transfers of personnel, liabilities, records, and funds.
(Sec. 1617) Requires the President to submit to the appropriate congressional committees a final accounting of the finances and operations of the agencies abolished under this Act.
Subdivision B: Foreign Relations Authorization - Title XX (sic): General Provisions - Foreign Relations Authorization Act, Fiscal Years 1998 and 1999 - Defines "appropriate congressional committees" for purposes of this Act.
Title XXI: Authorization of Appropriations for Department of State - Authorizes appropriations for the Department of State for FY 1998 and 1999 for: (1) the administration of foreign affairs; (2) international commissions; (3) the Asia Foundation; and (4) contributions to international organizations and international peacekeeping activities.
(Sec. 2106) Specifies limits on the U.S. voluntary contribution to the United Nations Development Program (UNDP) with respect to UNDP programs and activities in Burma unless the President certifies that certain humanitarian conditions are met.
Title XXII: Department of State Authorities and Activities - Amends the State Department Basic Authorities Act of 1956 to authorize a Federal agency to make grants to the Department, or otherwise reimburse or credit it with advance payment, for funds used in providing assistance to overseas educational facilities attended by children of agency employees.
(Sec. 2202) Revises the Department of State's reward program for information leading to the arrest or conviction of any individual in connection with acts of international terrorism against U.S. persons or property or with certain narcotics-related offenses. Adds conspiracy, attempt to commit such acts, and aiding or abetting to the list of crimes for which information rewards may be paid. Requires approval by the Attorney General of all rewards in a matter over which there is Federal criminal jurisdiction.
Authorizes appropriations for such awards, with limitations.
(Sec. 2203) Adds to the permissible expenses payable from a certain defense trade controls registration fees account of the Department of State the enhancement of specified defense trade export compliance and enforcement activities.
(Sec. 2205) Amends the Foreign Service Act of 1980 to authorize the Secretary to provide training (except foreign language training unless such person is under contract to provide services to the U.S. Government) through the Foreign Service Institute to any U.S. person or U.S. company employee and his or her family engaged in business abroad.
Amends the State Department Basic Authorities Act of 1956 to authorize the Secretary to charge a fee for use of the Department's National Foreign Affairs Training Center Facility.
(Sec. 2206) Authorizes the Secretary to charge a fee for the use of the Department of State's diplomatic reception rooms.
(Sec. 2207) Directs the Secretary to include in the annual Congressional Presentation Document and the Budget in Brief an accounting of the total collections received from all sources, including fees.
(Sec. 2208) Amends the Foreign Service Act of 1980 to direct the Inspector General of the Foreign Service to develop and provide employees under investigation with information detailing their rights to counsel and the policies and procedures of the Office of the Inspector General. Requires a report to the appropriate congressional committees on the Office's policy guidelines with respect to public disclosure of information during an ongoing investigation.
(Sec. 2209) Amends the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 to allow use of the Capital Investment Fund for enhancement of information technology and other related capital investments.
(Sec. 2211) Amends the International Claims Settlement Act to grant jurisdiction to the Foreign Claims Settlement Commission of the United States to adjudicate claims included in a category of claims against a foreign government upon referral by the Secretary.
(Sec. 2212) Amends the Department of State Appropriation Act, 1937 to authorize the Secretary to accept, in certain cases, reimbursement from private sector claimants for ordinary (currently, only extraordinary) expenses incurred in pursuing a claim on their behalf against a foreign government or other foreign entity.
Amends the State Department Basic Authorities Act of 1956 to authorize the Secretary to procure personal services in prosecuting such a claim or a proceeding before an international tribunal.
(Sec. 2213) Amends the International Child Abduction Remedies Act to authorize the U.S. Central Authority to make grants to, or contract with, any individual, corporation, or other Federal, State, or local agency, or U.S. private organization for the purpose of helping it remedy international child abductions (returning wrongfully removed children, as well as securing the exercise of visitation rights).
(Sec. 2214) Directs the Secretary to establish, and submit to the Congress, a comprehensive, long-term strategy to carry out the counterdrug responsibilities of the Department of State that is consistent with specified objectives of the National Drug Control Strategy.
Requires the Secretary to take appropriate actions to establish, for use in consideration of visa applications, an information system, or improve existing information systems containing comprehensive information on serious crimes committed by foreign nationals.
Requires the chief of mission of every foreign mission to designate an officer who shall be responsible for coordination of counterdrug programs.
(Sec. 2215) Amends the Foreign Service Buildings Act, 1926 to direct the Secretary to submit to the Congress a report listing overseas U.S. surplus properties that have been identified for sale.
(Sec. 2216) Amends the Foreign Assistance Act of 1961 to require the Secretary's annual report to the Congress on human rights to include the status of child labor practices in each country. Changes the deadline for such report from January 31 to February 25.
(Sec. 2217) Directs the Secretary of State to report annually to the Congress on: (1) the number of persons and aliens residing in the United States entitled to diplomatic immunity from criminal prosecution, including each case involving such an alien whom appropriate law enforcement authorities reasonably believe to have committed a serious crime within the United States; (2) the number of U.S. citizens residing in a receiving state who are entitled to diplomatic immunity from criminal prosecution there, including each case in which the United States has been requested by the government of the state to waive immunity; and (3) whether each foreign mission has been notified of U.S. policies relating to criminal offenses committed by individuals with diplomatic immunity.
Expresses the sense of the Congress that the Secretary should explore, in appropriate fora, whether states should enter into agreements and adopt legislation to provide: (1) jurisdiction in the sending state to prosecute crimes committed in the receiving state by persons entitled to diplomatic immunity; and (2) that where there is probable cause to believe that an individual with such immunity committed a serious crime, the sending state will waive immunity or will prosecute the individual.
(Sec. 2218) Declares it is U.S. policy to foster and support procurement of international telecommunications goods and services from private, commercial companies. Directs the Diplomatic Telecommunications Service Program Office (DTS-PO) to use full and open competition in the procurement of telecommunications services, and otherwise implement such policy.
(Sec. 2219) Repeals specified reporting requirements.
(Sec. 2221) Makes 30 percent of the fees collected in FY 1998 and 1999 for expedited passport processing available only for enhancing passport services, investigating passport fraud, and deterring entry into the United States by terrorists and other criminals.
(Sec. 2222) Amends the State Department Basic Authorities Act of 1956 to authorize any U.S. citizen employee of the Department of State designated to adjudicate nationality abroad to issue reports of births of U.S. citizens abroad, authenticate certain foreign documents, and administer oaths. Requires such employees to receive certain training before they can administer such activities.
(Sec. 2225) Authorizes the Secretary to deny a visa to any alien who has confiscated property owned by U.S. persons.
(Sec. 2226) Amends the Immigration and Naturalization Act to exclude from admission into the United States any alien who has supported the abduction of children, with specified exceptions.
(Sec. 2231) Authorizes appropriations for FY 1998 and 1999 for migration and refugee assistance. Earmarks amounts for: (1) humanitarian assistance to Tibetan refugees in India and Nepal; (2) refugee resettling in Israel; and (3) humanitarian assistance to persons displaced as a result of the civil conflict in Burma.
(Sec. 2241) Bars the use of funds for the involuntary return by the United States of a person to a country in which the person has a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion, except on grounds recognized as precluding protection as a refugee under the United Nations Convention Relating to the Status of Refugees of July 28, 1951, and the Protocol Relating to the Status of Refugees of January 31, 1967.
Bars the use of migration and refugee assistance funds for the involuntary return of a person to any country unless the Secretary first notifies the appropriate congressional committees.
(Sec. 2242) Prohibits the United States from expelling, extraditing, or otherwise effecting the involuntary return of a person to a country in which there are reasonable grounds for believing the person would be in danger of subjection to torture.
(Sec. 2243) Amends the State Department Basic Authorities Act of 1956 to authorize the Secretary to waive certain congressional notification requirements with respect to the reprogramming of Department funds if failure to do so would pose a substantial risk to human health or welfare. Requires such notification to specified congressional committees, with an explanation of the emergency circumstances, not later than three days after taking the action to which notification is required.
(Sec. 2244) Amends the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997 to extend and revise eligibility for the (Vietnamese) Orderly Departure Program.
(Sec. 2245) Directs the Secretary to include in the monthly report to the Congress entitled "Update on Monitoring of Cuban Migrant Returnees" information on: (1) the methods employed by the Cuban Government to enforce the United States-Cuba Immigration Agreement of September 1994 to restrict the emigration of Cuban people to the United States; and (2) the Cuban Government's treatment of persons who have returned to Cuba pursuant to the United States-Cuba Agreement of May 1995.
Title XXIII: Organization of the Department of State; Department of State Personnel; The Foreign Service - Amends the State Department Basic Authorities Act of 1956 to establish a Coordinator for Counterterrorism within the office of the Secretary.
(Sec. 2302) Amends the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 to repeal the establishment of a Deputy Assistant Secretary of State for Burdensharing.
(Sec. 2305) Amends the State Department Basic Authorities Act of 1956 to increase the number of Under and Assistant Secretaries of State within the Department of State. Eliminates the establishment of Deputy Assistant Secretaries within the Department.
(Sec. 2311) Amends the Foreign Service Act of 1980 to authorize the Secretary of State to provide for recognition of the meritorious or distinguished service of any member of the Senior Foreign Service by means other than an award of performance pay in lieu of making such an award.
Directs the Secretary to develop and implement procedures to identify, and recommend for separation, any member of the Foreign Service ranked by promotion boards in the bottom five percent of his or her class for two or more of the five years preceding the enactment of this Act if the rating official for such member was not the same individual for any two of the years of lowest ranking.
Requires a special internal review of the member's file to determine whether the member should be considered for action leading to separation in any case where the member was evaluated by the same rating official in any two of the years of lowest ranking.
(Sec. 2312) Amends the Foreign Service Act of 1980 to provide for certain retirement benefits under the Foreign Service Retirement and Disability System and the Foreign Service Pension System for employees who are involuntarily separated from the Foreign Service.
(Sec. 2313) Authorizes the Secretary to separate from the Foreign Service without a hearing a member of the Service convicted of a crime for which a sentence of imprisonment of more than one year may be imposed. (Currently, a Foreign Service member can be separated without a hearing only if convicted of a crime related to the cause of separation).
(Sec. 2316) Makes qualified criminal investigators within the Diplomatic Security Service eligible for availability pay.
(Sec. 2318) Directs the Secretary to report to the Congress on minorities and the Foreign Service officer corps.
Title XXIV: United States Informational, Educational, and Cultural Programs - Authorizes appropriations for FY 1998 and 1999 to carry out specified international information activities and educational and cultural exchange programs.
(Sec. 2413) Revises the Muskie Fellowship Program for graduate students from the independent states of the former Soviet Union, Lithuania, Latvia, and Estonia to require selection of participants on the basis of academic and leadership potential in the additional fields of journalism and communications, education administration, public policy, and library and information science.
(Sec. 2414) Establishes within USIA, in order to improve the coordination and effectiveness of U.S. Government sponsored international exchanges and training, a senior-level interagency Working Group on United States Government Sponsored International Exchanges and Training.
(Sec. 2415) Amends the Human Rights, Refugee, and Other Foreign Relations Provisions Act of 1996 to extend through FY 1999 educational and cultural exchange programs between the United States and the people of Tibet, including scholarships to Tibetan and Burmese students and professionals who are outside their countries (including, if practicable, individuals active in the preservation of Tibet's unique culture, religion, and language).
(Sec. 2416) Urges the Broadcasting Board of Governors to study and report to the appropriate congressional committees on the appropriateness, feasibility, and projected costs of providing surrogate broadcasting service to Africa.
(Sec. 2417) Earmarks certain funds for FY 1998 and 1999 for grants to RFE-RL, Incorporated, only for surrogate radio broadcasting by RFE-RL, Incorporated, to the Iranian people in the Farsi language (Radio Free Iran).
(Sec. 2418) Authorizes the Director of USIA to administer summer travel-work programs without regard to preplacement requirements.
(Sec. 2419) Amends the United States Information and Educational Exchange Act of 1948 to make permanent certain administrative authorities regarding appropriations for the USIA.
(Sec. 2420) Directs the Voice of America (VOA) to devote programming each day to broadcasting information on the individual States.
Title XXV: International Organizations Other Than United Nations - Authorizes appropriations for FY 1998 and 1999 to the Department of State for international conferences and contingencies.
(Sec. 2502) Prohibits the United States from becoming a party to any new international criminal tribunal (or from giving legal effect to the jurisdiction of such a tribunal with respect to persons or property located, or acts or omissions committed, within the United States, or U.S. nationals, wherever found), except pursuant to a treaty or statute enacted by the Congress.
(Sec. 2503) Terminates the U.S. participation in the Bureau of the Interparliamentary Union unless the Secretary certifies to the Congress that the United States will be assessed not more than $500,000 for its annual contribution to the Bureau.
(Sec. 2504) Amends the Federal civil service code with respect to reemployment of a non-congressional Federal employee after he or she terminates service with an international organization to repeal the employee's entitlement to the difference between the individual's actual pay by the international organization and the pay the individual would have received had he or she been detailed to the organization but paid by the Federal Government. Entitles such an individual, upon Federal reemployment, only to the rate of basic pay to which the employee would have been entitled had he or she remained in the civil service. Requires the agency involved to: (1) restore the employee's sick leave account to its status at the time of transfer; and (2) treat the period of separation caused by employment with the international organization and the period necessary to effect reemployment as creditable service for all appropriate civil service employment purposes.
(Sec. 2505) Requires submission of a preliminary report regarding foreign travel to the Director of the Office of International Conferences of the Department of State as a prerequisite to the use of any funds under this Act to pay: (1) foreign travel expenses of an employee of the U.S. Executive agencies (with certain exceptions) in attending any international conferences; or (2) the routine services that a U.S. diplomatic mission provides in support of travel by such employee. Denies such funds to anyone who does not file such a report or who has previously failed to submit a final report on previous travel.
Title XXVI: United States Arms Control and Disarmament Agency - Authorizes appropriations for FY 1999 to carry out the purposes of the Arms Control and Disarmament Act.
(Sec. 2602) Amends such Act to declare that nothing in such Act shall be construed to authorize any Government action which would interfere with, restrict, or prohibit the acquisition, possession, or lawful use of firearms by an individual.
Title XXVII: European Security Act of 1998 - European Security Act of 1998 - Designates Romania, Estonia, Latvia, Lithuania, and Bulgaria, provided they meet certain criteria, as eligible to receive assistance under the NATO Participation Act of 1994.
(Sec. 2703) Expresses the sense of the Congress that: (1) such countries are to be commended for their progress toward political and economic reform and meeting the guidelines for prospective NATO members; and (2) upon their complete satisfaction of all relevant criteria, such countries should be invited to become full NATO members at the earliest possible date.
Makes funds under the NATO Participation Act of 1994 available to support the implementation of the Regional Airspace Initiative and the Partnership for Peace Information Management System.
Extends through FY 1999 the Department of Defense's authority to transfer excess defense articles to countries eligible to participate in the Partnership for Peace and eligible for assistance under the Support for East European Democracy (SEED) Act of 1989.
(Sec. 2704) Expresses the sense of the Congress that no revisions to the Treaty on Conventional Armed Forces in Europe will be approved by the United States that jeopardize fundamental U.S. security interests in Europe or the effectiveness and flexibility of NATO as a defensive alliance by: (1) extending rights or imposing responsibilities on new NATO members different from those applicable to current NATO members, including rights with respect to nuclear weapons deployment and the stationing of NATO troops and equipment; (2) limiting NATO's ability to defend the territory of new NATO members by restricting defense infrastructure construction or limiting NATO's ability to deploy necessary reinforcements; (3) providing any international organization or any non-NATO country with authority to delay, veto, or otherwise impede deliberations and decisions of the North Atlantic Council or their implementation, including deliberations and decisions with respect to NATO force deployment or the admission of additional members to NATO; or (4) impeding the development of enhanced relations between NATO and other non-NATO European countries.
(Sec. 2705) Declares that an ABM-TMD (anti-ballistic missile-theater missile defense) demarcation agreement shall not be binding on the United States unless it is specifically approved with the advice and consent of the Senate.
Declares the sense of Congress that no ABM-TMD demarcation agreement will be considered for advice and consent to ratification unless it would: (1) add one or more countries as State Parties to the ABM Treaty, or otherwise convert the ABM Treaty from a bilateral treaty to a multilateral treaty; or (2) change the geographic scope or coverage of the ABM Treaty, or otherwise modify the meaning of the term "national territory" as used in Articles VI and IX of the ABM Treaty.
Declares the sense of Congress that no ABM-TMD demarcation agreement that would reduce the capabilities of U.S. theater missile defense systems, or the numbers or deployment patterns of such systems, will be approved for entry into force with respect to the United States.
Directs the President to report to specified congressional committees on cooperative ballistic missile defense projects, including early warning systems, with Russia.
Title XXVIII: Other Foreign Policy Provisions - Directs the Secretary to report to the appropriate congressional committees on specific actions taken by the Department of State, the Department of Defense, and the Department of Commerce in resolving certain commercial disputes between U.S. firms and the Saudi Government.
(Sec. 2802) Directs the Secretary to report every three months to the appropriate congressional committees on implementation (including an unclassified list of entities and classified list of individuals) of the mandate to exclude from the United States any aliens who have confiscated property of U.S. nationals in Cuba, or who traffic in such property.
(Sec. 2803) Directs the Secretary to report annually to the appropriate congressional committees on the compliance of its signatories with the Hague Convention on the Civil Aspects of International Child Abduction.
(Sec. 2804) Expresses the sense of the Congress that the United States should use its influence to suggest that the Government of Turkey: (1) recognize the Ecumenical Patriarchate (in Turkey) and its nonpolitical, religious mission; and (2) reopen the Ecumenical Patriarchate's Halki Patriarchal School of Theology.
(Sec. 2805) Directs the Secretary to report to the appropriate congressional committees on the extent to which: (1) Vietnam cooperates with the United States in an accounting of all POW-MIA cases; (2) it has made progress toward the release of all political and religious prisoners; (3) it cooperates with U.S. requests to obtain access to persons of humanitarian interest to the United States for interviews under the Orderly Departure (ODP) and Resettlement Opportunities for Vietnamese Refugees (ROVR) programs, and provide exit visas for such persons; (4) it has taken action to end extortion, bribery, and other corrupt practices in connection with such visas; and (5) the United States has made efforts to resettle former reeducation camp victims and their families.
(Sec. 2806) Directs the Secretary to report to the appropriate congressional committees on the allegations of persecution and abuse of the Hmong and Laotian refugees who have returned to Laos.
(Sec. 2807) 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.
(Sec. 2808) Declares that the Congress favors public support by Department of State officials for the accession of Taiwan to the World Trade Organization (WTO).
(Sec. 2809) Amends the Foreign Assistance Act of 1961 to withhold the U.S. share of assistance for International Atomic Energy Agency (IAEA) projects in Cuba, except those for the discontinuation, dismantling, or safety inspection of nuclear facilities or related materials. Declares that such exception shall not apply to the Juragua Nuclear Power Plant near Cienfuegos, or the Pedro Pi Nuclear Research Center, unless Cuba: (1) ratifies the Treaty on the Non-Proliferation of Nuclear Weapons or the Treaty for the Prohibition of Nuclear Weapons in Latin America (commonly known as the Treaty of Tlatelolco); and (2) incorporates internationally accepted nuclear safety standards.
Directs the Secretary to instruct the U.S. representative to the IAEA to use the U.S. vote to oppose IAEA projects at: (1) the Juragua Nuclear Power Plant, Cuba; and (2) any other IAEA project in Cuba that is, or could become, a threat to the security of the United States.
(Sec. 2810) Directs the President to withhold assistance under the Foreign Assistance Act of 1961 to a country in an amount equal to the value of nuclear fuel and related assistance and credits provided by it to Cuba.
(Sec. 2811) Amends the Anglo-Irish Agreement Support Act of 1986 to revise its purposes to require that U.S. contributions to the International Fund for Ireland be disbursed in accordance with the MacBride principles of economic justice, as specified.
Authorizes the United States to make contributions to the Fund only if the President certifies to the Congress that, among other things, disbursements from the Fund will be distributed in accordance with the principles of economic justice and will create employment opportunities in communities of Northern Ireland suffering the highest rates of unemployment.
(Sec. 2812) Authorizes appropriations, upon notification to the Congress, for FY 1998 to: (1) establish an international record for the criminal culpability of Saddam Hussein and other Iraqi officials and an international criminal tribunal for their indictment, prosecution, and punishment for crimes against humanity, genocide, and other violations of international law; (2) provide support for democratic opposition forces in Iraq (earmarking amounts to the democratic opposition and RFE-RL, Incorporated, for surrogate radio broadcasting to the Iraqi people); and (3) the relief, rehabilitation, and reconstruction of people living in Iraq, and communities there, who are not under the control of the Saddam Hussein regime.
(Sec. 2813) Expresses the sense of the Congress that: (1) the United States, the international community, nongovernmental organizations, and the private sector should continue to promote the building of democratic institutions and civic society in the Republic of Serbia; and (2) the normalization of relations between the Federal Republic of Yugoslavia (Serbia and Montenegro) and the United States requires, among other things, that President Milosevic and the leadership of Serbia promote the building of democratic institutions, respect for human rights, and free, fair, and equal conditions for the democratic opposition there.
Division H - Depository Institution-GSE Affiliation Act of 1998 - Amends the Federal Deposit Insurance Act to specify circumstances under which the Secretary of the Treasury (the Secretary) is authorized to: (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 constraints 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).
(Sec. 2) Specifies limits for the value of the investment portfolio of Sallie Mae in its GSE status in the event such affiliation should occur.
Grants the Secretary enforcement powers under the Higher Education Act of 1965.
Division I: Chemical Weapons Convention - Chemical Weapons Convention Implementation Act of 1998 - Title I (sic): General Provisions - Directs the President to designate the Department of State to be the United States National Authority to serve as the focal point for liaison with the Organization for the Prohibition of Chemical Weapons (OPCW) and other States Parties to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, opened for signature on January 13, 1993.
(Sec. 103) Grants the U.S. Court of Federal Claims (and concurrently U.S. district courts for claims under $10,000) jurisdiction over civil actions: (1) against the United States for the taking of property (including proprietary information) without just compensation that occurs by reason of any action by an OPCW employee or a U.S. employee pursuant to this Act or the Convention; and (2) for money damages for torts under the Constitution or Federal or State law arising from the acts or omissions of such employees.
Grants the United States authority to bring an action in the U.S. District Court for the District of Columbia, or in any international tribunal, against any foreign nation for money damages for refusing to indemnify the United States for any liability imposed on it by virtue of the actions of an inspector of the OPCW Technical Secretariat who is a national of that foreign nation acting at its direction or behest.
Authorizes specified tort actions by U.S. nationals and business entities against foreign nationals or business entities.
Declares it is U.S. policy to recoup all funds withdrawn from the Treasury in payment for any tort under Federal or State law or taking under the Constitution arising from the acts or omissions of any foreign person, officer, or OPCW employee, including any member of a Technical Secretariat inspection team, taken under color of the Convention or this Act.
Specifies minimum ten-year sanctions against such persons, as well as any foreign person or business entity for unauthorized disclosure of confidential business information, including: (1) arms export prohibitions; (2) controlled goods or technology export prohibitions; (3) opposition to financial or technical assistance by international financial institutions; (4) denial of Export-Import Bank guarantees; (5) prohibition of private U.S. bank credit; (6) blocking of assets under U.S. jurisdiction; and (7) denial of non-emergency landing rights to private aircraft or air carriers owned by such a person. Requires specified similar sanctions against foreign governments assisting or encouraging unauthorized disclosure of confidential business information. Provides for suspension or waiver of such sanctions.
Requires denial of visa to, and exclusion from the United States of, any current or former OPCW officer or employee, or any corporate officer, principal, or shareholder with a controlling interest of any entity, including spouses and children, for unauthorized disclosure of U.S. confidential business information or traffic in such information.
Title II: Penalties for Unlawful Activities Subject to the Jurisdiction of the United States - Subtitle A: Criminal and Civil Penalties - Amends the Federal criminal code to make it unlawful for any person knowingly to develop, acquire, transfer, stockpile, possess, or use any chemical weapon. Makes such provision inapplicable to the retention, ownership, possession, or transfer of a chemical weapon by a Federal agency or a duly authorized person.
(Sec. 201) Specifies both criminal and civil penalties for violations of this prohibition. Provides for forfeiture of property owned or used by a person involved in such a violation, as well as U.S. injunctive relief against such conduct.
Authorizes the Attorney General to request the Secretary of Defense for military assistance to enforce this prohibition in emergencies involving a chemical weapon.
Subtitle B: Revocations of Export Privileges - Authorizes the President to suspend or revoke the export authority of any person within the United States, or any U.S. national located outside the United States, if such person has violated this title.
Title III: Inspections - Requires OPCW Technical Secretariat inspections of plants, plant sites, or other locations in the United States which are subject under the Convention to a Schedule two or Schedule three facility agreement.
(Sec. 303) Sets forth provisions with respect to the authority to conduct, procedures (including search warrants) for, and scope of facility inspections.
(Sec. 306) Makes it unlawful for any person willfully to fail or refuse to permit entry or inspection, or to disrupt, delay, or impede an inspection of a facility.
(Sec. 307) Authorizes the President, consistent with the objective of eliminating chemical weapons, to deny inspection of a facility in cases where it may pose a threat to U.S. national security interests.
(Sec. 308) Amends the Office of Federal Procurement Policy Act to declare that a contractor may not be required, as a condition of entering a Federal contract, to waive any constitutional right for any purpose related to the Convention or this Act.
(Sec. 309) Requires the President to report annually to the appropriate congressional committees, in both classified and unclassified form, on inspections made under the Convention during the preceding year.
(Sec. 310) Authorizes the Secretary of Defense, at the request of an owner of a facility not owned or operated, or contracted for use, by the Federal Government to assist the facility in preparing for possible inspections under the Convention. Requires reimbursement of the Secretary's costs by: (1) the facility owner; or (2) the United States National Authority, in the case of small business concerns or certain domestic producers of Schedule three or unscheduled discrete organic chemicals.
Title IV: Reports - Requires the United States National Authority to establish requirements of recordkeeping and reporting by persons who produce, process, consume, export, or import chemical substances subject to the Convention, or who propose to engage in such activities.
(Sec. 402) Prohibits a person located in the United States from being required to report on, or to submit to, an inspection to verify the production, possession, consumption, exportation, or importation of any substance that: (1) contains less than specified concentrations of a Schedule two or Schedule three chemical; or (2) is an unscheduled discrete organic chemical that is a coincidental byproduct of a manufacturing process that is not isolated for use or sale during the process and is routed to, or escapes from, the waste stream of a stack, incinerator or wastewater treatment system, or any other waste stream.
(Sec. 404) Exempts from public disclosure under the Freedom of Information Act, with specified exceptions, any information reported to or obtained by the U.S. Government under this Act or under the Convention. Sets forth criminal penalties for unlawful disclosure.
(Sec. 405) Makes it unlawful to fail to comply with recordkeeping and reporting requirements.
Title V: Enforcement - Provides for civil and criminal penalties for specified violations of this Act, as well as specific enforcement of this Act and expedited judicial review.
Title VI: Miscellaneous Provisions - Amends the Department of Defense Appropriation Authorization Act, 1978 to repeal certain congressional and community notification requirements concerning the use of humans for the testing of chemical or biological agents.
(Sec. 602) Prohibits the Secretary of Defense or any other U.S. employee from: (1) conducting any test involving the use of any chemical or biological agent on a civilian population; or (2) using human subjects for the testing of chemical or biological agents.
(Sec. 603) Amends the Federal bankruptcy code with respect to exemption from the automatic stay, upon filing of a bankruptcy petition, of an action or proceeding by a governmental unit to enforce its police or regulatory power, or the enforcement of a non-monetary judgment obtained in such an action or proceeding. Repeals such exemption except with respect to exercise of authority under the Convention.
Exempts from the automatic stay any action or proceeding by a governmental unit or any organization exercising authority under the Convention to enforce its police and regulatory power, including the enforcement of a non-monetary judgment obtained in such an action or proceeding.
Division (J): Revenues and Medicare - Tax and Trade Relief Extension Act of 1998 - Title I (sic): Extension and Modification of Certain Expiring Provisions - Subtitle A: Tax Provisions - Amends the Internal Revenue Code to extend, for a limited period, the: (1) credit for increasing research activities; (2) work opportunity credit; and (3) welfare-to-work credit.
(Sec. 1004) Extends permanently the special rule for contributions of stock for which market quotations are readily available. Establishes rules for the public inspection of the returns of private foundations.
(Sec. 1005) Revises provisions concerning the special rule for income derived in the active conduct of banking, financing, or similar businesses to provide, as general rule, that foreign personal holding company income shall not include qualified banking or financing income of an eligible controlled foreign corporation. Revises the definition of insurance income and provides that, as a general rule, foreign personal holding company income shall not include qualified insurance income of a qualifying insurance company.
(Sec. 1006) Extends the termination date for permitting the disclosure of tax return information to the Department of Education for purposes of the repayment of student loans based on income.
Subtitle B: Trade Provisions - Amends the Trade Act of 1974 to extend the Generalized System of Preferences through June 30, 1999. Provides for the retroactive application of certain liquidations and reliquidations.
(Sec. 1012) Amends the Trade Act of 1974 to extend through June 30, 1999, trade adjustment assistance (TAA) for workers, firms, and the North American Free Trade Agreement (NAFTA ) transitional adjustment assistance program (cuts funding to half its current level for such program for the period beginning October 1, 1998, and ending June 30, 1999).
Title II: Other Tax Provisions - Subtitle A: Provisions Relating to Individuals - Amends the Internal Revenue Code to permit nonrefundable personal credits to offset an individual's regular tax beginning January 1, 1998.
(Sec. 2002) Increases, in increments, the deduction for the health insurance costs of self-employed individuals until it reaches 100 percent on January 1, 2003.
(Sec. 2003) Modifies, by one percent, individual estimated tax safe harbors for individuals with incomes above $150,000.
Subtitle B: Provisions Relating to Farmers - Permanently extends income averaging for farmers.
(Sec. 2012) Amends the Agricultural Market Transition Act to disregard specified payment options provided by the Emergency Farm Financial Relief Act.
(Sec. 2013) Provides a five-year carryback period for farming losses.
Subtitle C: Miscellaneous Provisions - Increases the State private activity bond volume cap beginning with calendar year 2003 until it reaches $75 per resident (with an aggregate limit of $225 million) for calendar years 2007 and beyond.
(Sec. 2022) Requires a study and report concerning recovery periods and depreciation methods under the accelerated cost recovery system.
(Sec. 2023) Grants States a limited period of time (three months) to exempt students employed at public educational facilities from Social Security coverage.
Title III: Revenue Offsets - Amends provisions concerning the complete liquidations of subsidiaries to provide that if a corporation receives a distribution form a regulated investment company or a real estate investment trust which is considered as being in complete liquidation of such company or trust, then such corporation shall treat as a dividend from such trust or company an amount equal to the deduction for dividends paid allowable to such company or trust by reason of such distribution.
(Sec. 3002) Adds any vaccine against rotavirus gastroenteritis to the list of taxable vaccines.
(Sec. 3003) Deems a taxpayer identification number (TIN, which is generally a taxpayer's social security number) incorrect if the TIN provided by the taxpayer differs from that provided by the Social Security Administration (or other agency issuing a TIN). Expands mathematical error procedures so as to be used to deny eligibility for the dependent care credit, child tax credit, and earned income credit.
(Sec. 3004) Revises the definition of specified liability loss so as to list the following items: (1) reclamation of land; (2) decommissioning of a nuclear power plant; (3) dismantlement of a drilling platform; (4) remediation of environmental contamination; and (5) payment of workers compensation.
Title IV: Technical Corrections - Revises provisions of the Internal Revenue Service Restructuring and Reform Act of 1998 concerning, among other things: (1) burden of proof in court proceedings with respect to tax liability; (2) relief for innocent spouses; (3) interest netting relating to tax underpayments and overpayments; and (4) the 18 month holding period for capital gains.
(Sec. 4003) Revises provisions of the Taxpayer Relief Act of 1997 concerning, among other things: (1) the treatment of interest on qualified educational loans; (2) capital gain distributions of charitable remainder trusts; (3) revaluation of gifts for estate tax purposes; (4) Vaccine Injury Compensation Trust Fund expenditures; (5) abatement of interest in Presidentially declared disaster areas; (6) treatment of certain corporate distributions; (7) with respect to life insurance policies, the determination of unborrowed policy cash value; and (8) means of paying taxes (use of credit cards and debit cards).
(Sec. 4004) Revises provisions of the Tax Reform Act of 1984 concerning the casualty loss deduction.
(Sec. 4005) Amends Social Security Act provisions related to the Uruguay Round Agreements Act and the withholding of Social Security taxes.
(Sec. 4006) Amends the Internal Revenue Code concerning the disclosure of tax return information to the Department Agriculture.
Title V: Medicare-Related Provisions - Subtitle A: Home Health - Amends title XVIII (Medicare) of the Social Security Act (SSA), as amended by the Balanced Budget Act of 1997 (BBA '97), to provide for: (1) increased per beneficiary and per visit payment limits under the interim system of limited payments for services provided by home health agencies; (2) a reduced update when updating any limit under such system using a home health market basket index for cost reporting periods beginning during FY 2000 through 2003; (3) a one-year delay in establishment of a prospective payment system (PPS) for home health services and in implementation of the mandatory 15 percent reduction in cost and per beneficiary limits under such interim system; (4) change from the home health market basket percentage increase to the home health applicable increase percentage (a reduced home health market basket percentage increase) for purposes of annual updates under the PPS for FY 2002 and 2003; and (5) exclusion of certain additional Medicare part B (Supplementary Medical Insurance) costs from determination of the Medicare part B monthly premium.
(Sec. 5101) Directs: (1) the Secretary of Health and Human Services (HHS) to report to the Congress on research paid for by HHS on development of a PPS for Medicare home health services; (2) the Medicare Payment Advisory Commission to likewise report its analysis of the Secretary's report, including any recommendations with respect to the matters contained in it, and include in its annual report to the Congress for June 1999 an analysis of whether changes in law made by BBA '97 and this Act with respect to payments for such services impede access to them by Medicare beneficiaries; and (3) the Comptroller General to conduct an audit of the sums obligated or expended by the Health Care Financing Administration for PPS research and the data, reports, proposals, or other information provided by such research.
Subtitle B: Other Medicare-Related Provisions - Amends SSA title XI with respect to civil monetary penalties for fraudulent claims. Revises the current exclusion from prohibited remuneration of permissible waivers to apply it instead to certain permissible practices. Denies permissible practice treatment to a practice under which a health care provider or facility pays premiums for Medicare supplemental (Medigap) policies for individuals entitled to Medicare part A (Hospital Insurance) benefits, unless: (1) the HHS Secretary promulgates a rule authorizing such a practice as an exception to remuneration prohibitions; and (2) the remuneration is offered or transferred by a person under such rule during the two-year period beginning when the rule is first promulgated.
(Sec. 5101) Directs the Comptroller General to: (1) conduct a study, if such a rule is promulgated, that compares any disproportionate impact on specific issuers of Medigap policies due to adverse selection in enrolling Medicare end-stage renal disease (ESRD) beneficiaries before the enactment of the Health Insurance Portability and Accountability Act of 1996 and one year after the date of such promulgation; and (2) submit a report to the Congress on such study along with recommendations concerning whether the two year time limitation above should be extended.
(Sec. 5202) Amends SSA title XVIII to expand the membership of the Medicare Payment Advisory Commission (MedPAC), with the initial terms of the additional members staggered.
Subtitle C: Revenue Offsets - Entitles a taxpayer winning a lottery, contest, jackpot, or game to be taxed as the prize payments are received, even if the taxpayer had the option to receive the entire prize in one lump-sum payment.
Division K: Pay-As-You-Go Provision - Sets forth pay-as-you-go provisions.