[105th Congress Public Law 277]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ277.105]
[[Page 112 STAT. 2681]]
*Public Law 105-277
105th Congress
An Act
Making omnibus consolidated and emergency appropriations for the fiscal
year ending September 30, 1999, and for other purposes. <<NOTE: Oct. 21,
1998 - [H.R. 4328]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in <<NOTE: Omnibus Consolidated and Emergency
Supplemental Appropriations Act, 1999.>> Congress assembled,
DIVISION A--OMNIBUS CONSOLIDATED APPROPRIATIONS
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the several departments,
agencies, corporations and other organizational units of the Government
for the fiscal year 1999, and for other purposes, namely:
Sec. 101. (a) For programs, projects or activities in the
Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 1999, provided as follows, to be
effective as if it had been enacted into law as the regular
appropriations Act:
<<NOTE: Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 1999.>> AN ACT Making
appropriations for Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies programs for the fiscal year ending
September 30, 1999, and for other purposes.
TITLE I
AGRICULTURAL PROGRAMS
Production, Processing, and Marketing
Office of the Secretary
(including transfers of funds)
For necessary expenses of the Office of the Secretary of
Agriculture, and not to exceed $75,000 for employment under 5 U.S.C.
3109, $2,836,000: Provided, That not to exceed $11,000 of this amount,
along with any unobligated balances of representation funds in the
Foreign Agricultural Service, shall be available for official reception
and representation expenses, not otherwise provided for, as determined
by the Secretary: Provided further, That none of the funds appropriated
or otherwise made available by this Act may be used to pay the salaries
and expenses of personnel of the Department of Agriculture to carry out
section 793(c)(1)(C) of Public Law 104-127: Provided further, That none
of the funds made available by this Act may be used to enforce section
793(d) of Public Law 104-127.
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*Note: This is a typeset print of the original hand enrollment as
signed by the President on October 21, 1998. The text is printed without
corrections.
112 STAT. 2681-
112 STAT. 2681-
112 STAT. 2681-
PUBLIC LAW 105-277--OCT. 21, 1998
PUBLIC LAW 105-277--OCT. 21, 1998
PUBLIC LAW 105-277--OCT. 21, 1998
[[Page 112 STAT. 2681-1]]
Executive Operations
For necessary expenses of the Chief Economist, including economic
analysis, risk assessment, cost-benefit analysis, and the functions of
the World Agricultural Outlook Board, as authorized by the Agricultural
Marketing Act of 1946 (7 U.S.C. 1622g), and including employment
pursuant to the second sentence of section 706(a) of the Organic Act of
1944 (7 U.S.C. 2225), of which not to exceed $5,000 is for employment
under 5 U.S.C. 3109, $5,620,000.
For necessary expenses of the National Appeals Division, including
employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed $25,000 is
for employment under 5 U.S.C. 3109, $11,718,000.
Office of Budget and Program Analysis
For necessary expenses of the Office of Budget and Program Analysis,
including employment pursuant to the second sentence of section 706(a)
of the Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed
$5,000 is for employment under 5 U.S.C. 3109, $6,120,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information
Officer, including employment pursuant to the second sentence of section
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of which not to
exceed $10,000 is for employment under 5 U.S.C. 3109, $5,551,000.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial Officer,
including employment pursuant to the second sentence of section 706(a)
of the Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed
$10,000 is for employment under 5 U.S.C. 3109, $4,283,000: Provided,
That the Chief Financial Officer shall actively market cross-servicing
activities of the National Finance Center.
Office of the Assistant Secretary for Administration
For necessary salaries and expenses of the Office of the Assistant
Secretary for Administration to carry out the programs funded by this
Act, $613,000.
Agriculture Buildings and Facilities and Rental Payments
For payment of space rental and related costs pursuant to Public Law
92-313, including authorities pursuant to the 1984 delegation of
authority from the Administrator of General Services
[[Page 112 STAT. 2681-2]]
to the Department of Agriculture under 40 U.S.C. 486, for programs and
activities of the Department which are included in this Act, and for the
operation, maintenance, and repair of Agriculture buildings,
$132,184,000: Provided, That in the event an agency within the
Department should require modification
of space needs, the Secretary of Agriculture may transfer a share of
that agency's appropriation made available by this Act to this
appropriation, or may transfer a share of this appropriation to that
agency's appropriation, but such transfers shall not exceed 5 percent of
the funds made available for space rental and related costs to or from
this account. In addition, for construction, repair, improvement,
extension, alteration, and purchase of fixed equipment or facilities as
necessary to carry out the programs of the Department, where not
otherwise provided, $5,000,000, to remain available until expended;
making a total appropriation of $137,184,000.
Hazardous Waste Management
For necessary expenses of the Department of Agriculture, to comply
with the requirement of section 107(g) of the Comprehensive
Environmental Response, Compensation, and Liability Act, 42 U.S.C.
9607(g), and section 6001 of the Resource Conservation and Recovery Act,
42 U.S.C. 6961, $15,700,000, to remain available until expended:
Provided, That appropriations and funds available herein to the
Department for Hazardous Waste Management may be transferred to any
agency of the Department for its use in meeting all requirements
pursuant to the above Acts on Federal and non-Federal lands.
Departmental Administration
For Departmental Administration, $32,168,000, to provide for
necessary expenses for management support services to offices of the
Department and for general administration and disaster management of the
Department, repairs and alterations, and other miscellaneous supplies
and expenses not otherwise provided for and necessary for the practical
and efficient work of the Department, including employment pursuant to
the second sentence of section 706(a) of the Organic Act of 1944 (7
U.S.C. 2225), of which not to exceed $10,000 is for employment under 5
U.S.C. 3109: Provided, That this appropriation shall be reimbursed from
applicable appropriations in this Act for travel expenses incident to
the holding of hearings as required by 5 U.S.C. 551-558.
For grants and contracts pursuant to section 2501 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279),
$3,000,000, to remain available until expended.
[[Page 112 STAT. 2681-3]]
Office of the Assistant Secretary for Congressional Relations
For necessary salaries and expenses of the Office of the Assistant
Secretary for Congressional Relations to carry out the programs funded
by this Act, including programs involving intergovernmental affairs and
liaison within the executive branch, $3,668,000: Provided, That no other
funds appropriated to the Department by this Act shall be available to
the Department for support of activities of congressional relations:
Provided further, That not less than $2,241,000 shall be transferred to
agencies funded by this Act to maintain personnel at the agency level.
Office of Communications
For necessary expenses to carry on services relating to the
coordination of programs involving public affairs, for the dissemination
of agricultural information, and the coordination of information, work,
and programs authorized by Congress in the Department, $8,138,000,
including employment pursuant to the second sentence of section 706(a)
of the Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed
$10,000 shall be available for employment under 5 U.S.C. 3109, and not
to exceed $2,000,000 may be used for farmers' bulletins.
Office of the Inspector General
For necessary expenses of the Office of the Inspector General,
including employment pursuant to the second sentence of section 706(a)
of the Organic Act of 1944 (7 U.S.C. 2225), and the Inspector General
Act of 1978, $65,128,000, including such sums as may be necessary for
contracting and other arrangements with public agencies and private
persons pursuant to section 6(a)(9) of the Inspector General Act of
1978, including a sum not to exceed $50,000 for employment under 5
U.S.C. 3109; and including a sum not to exceed $100,000 for certain
confidential operational expenses, including the payment of informants,
to be expended under the direction of the Inspector General pursuant to
Public Law 95-452 and section 1337 <<NOTE: 7 USC 2270a.>> of Public Law
97-98: Provided, That for fiscal year 1999 and thereafter, funds
transferred to the Office of the Inspector General through forfeiture
proceedings or from the Department of Justice Assets Forfeiture Fund or
the Department of the Treasury Forfeiture Fund, as a participating
agency, as an equitable share from the forfeiture of property in
investigations in which the Office of the Inspector General
participates, or through the granting of a Petition for Remission or
Mitigation, shall be deposited to the credit of this account for law
enforcement activities authorized under the Inspector General Act of
1978, to remain available until expended.
Office of the General Counsel
For necessary expenses of the Office of the General Counsel,
$29,194,000.
[[Page 112 STAT. 2681-4]]
Office of the Under Secretary for Research, Education and Economics
For necessary salaries and expenses of the Office of the Under
Secretary for Research, Education and Economics to administer the laws
enacted by the Congress for the Economic Research Service, the National
Agricultural Statistics Service, the Agricultural Research Service, and
the Cooperative State Research, Education, and Extension Service,
$540,000.
Economic Research Service
For necessary expenses of the Economic Research Service in
conducting economic research and analysis, as authorized by the
Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627) and other laws,
$65,757,000: Provided, That $2,000,000 shall be transferred to and
merged with the appropriation for ``Food and Nutrition Service, Food
Program Administration'' for studies and evaluations: Provided further,
That this appropriation shall be available for employment pursuant to
the second sentence of section 706(a) of the Organic Act of 1944 (7
U.S.C. 2225).
National Agricultural Statistics Service
For necessary expenses of the National Agricultural Statistics
Service in conducting statistical reporting and service work, including
crop and livestock estimates, statistical coordination and improvements,
marketing surveys, and the Census of Agriculture, as authorized by the
Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627), the Census of
Agriculture Act of 1997 (Public Law 105-113), and other laws,
$103,964,000, of which up to $23,599,000 shall be available until
expended for the Census of Agriculture: Provided, That this
appropriation shall be available for employment pursuant to the second
sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225),
and not to exceed $40,000 shall be available for employment under 5
U.S.C. 3109.
Agricultural Research Service
For necessary expenses to enable the Agricultural Research Service
to perform agricultural research and demonstration relating to
production, utilization, marketing, and distribution (not otherwise
provided for); home economics or nutrition and consumer use including
the acquisition, preservation, and dissemination of agricultural
information; and for acquisition of lands by donation, exchange, or
purchase at a nominal cost not to exceed $100, and for land exchanges
where the lands exchanged shall be of equal value or shall be equalized
by a payment of money to the grantor which shall not exceed 25 percentof
the total value of the land or interests transferred out of Federal
ownership, $785,518,000: Provided, That appropriations hereunder shall
be available for temporary employment pursuant to the second sentence of
section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to
exceed $115,000 shall be available for employment under 5 U.S.C. 3109:
<<NOTE: 7 USC 2254.>> Provided further, That appropriations hereunder
shall be available for the
[[Page 112 STAT. 2681-5]]
operation and maintenance of aircraft and the purchase of not to exceed
one for replacement only: Provided further, That appropriations
hereunder shall be available pursuant to 7 U.S.C. 2250 for the
construction, alteration, and repair of buildings and improvements, but
unless otherwise provided, the cost of constructing any one building
shall not exceed $250,000, except for headhouses or greenhouses which
shall each be limited to $1,000,000, and except for ten buildings to be
constructed or improved at a cost not to exceed $500,000 each, and the
cost of altering any one building during the fiscal year shall not
exceed 10 percent of the current replacement value of the building or
$250,000, whichever is greater: Provided further, That the limitations
on alterations contained in this Act shall not apply to modernization or
replacement of existing facilities at Beltsville, Maryland: Provided
further, That appropriations hereunder shall be available for granting
easements at the Beltsville Agricultural Research Center, including an
easement to the University of Maryland to construct the Transgenic
Animal Facility which upon completion shall be accepted by the Secretary
as a gift: Provided further, That the foregoing limitations shall not
apply to replacement of buildings needed to carry out the Act of April
24, 1948 (21 U.S.C. 113a): Provided further, That funds may be received
from any State, other political subdivision, organization, or individual
for the purpose of establishing or operating any research facility or
research project of the Agricultural Research Service, as authorized by
law.
None of the funds in the foregoing paragraph shall be available to
carry out research related to the production, processing or marketing of
tobacco or tobacco products.
In fiscal year 1999, the agency is authorized to charge fees,
commensurate with the fair market value, for any permit, easement,
lease, or other special use authorization for the occupancy or use of
land and facilities (including land and facilities at the Beltsville
Agricultural Research Center) issued by the agency, as authorized by
law, and such fees shall be credited to this account and shall remain
available until expended for authorized purposes.
buildings and facilities
For acquisition of land, construction, repair, improvement,
extension, alteration, and purchase of fixed equipment or facilities as
necessary to carry out the agricultural research programs of the
Department of Agriculture, where not otherwise provided, $56,437,000, to
remain available until expended (7 U.S.C. 2209b): Provided, That funds
may be received from any State, other political subdivision,
organization, or individual for the purpose of establishing any research
facility of the Agricultural Research Service, as authorized by law.
Cooperative State Research, Education, and Extension Service
For payments to agricultural experiment stations, for cooperative
forestry and other research, for facilities, and for other expenses,
including $180,545,000 to carry into effect the provisions of the Hatch
Act (7 U.S.C. 361a-i); $21,932,000 for grants for cooperative forestry
research (16 U.S.C. 582a-a7); $29,676,000 for
[[Page 112 STAT. 2681-6]]
payments to the 1890 land-grant colleges, including Tuskegee University
(7 U.S.C. 3222); $63,116,000 for special grants for agricultural
research (7 U.S.C. 450i(c)); $15,048,000 for special grants for
agricultural research on improved pest control (7 U.S.C. 450i(c));
$119,300,000 for competitive research grants (7 U.S.C. 450i(b));
$5,109,000 for the support of animal health and disease programs (7
U.S.C. 3195); $750,000 for supplemental and alternative crops and
products (7 U.S.C. 3319d); $600,000 for grants for research pursuant to
the Critical Agricultural Materials Act of 1984 (7 U.S.C. 178) and
section 1472 of the Food and Agriculture Act of 1977 (7 U.S.C. 3318), to
remain available until expended; $3,000,000 for higher education
graduate fellowship grants (7 U.S.C. 3152(b)(6)), to remain available
until expended (7 U.S.C. 2209b); $4,350,000 for higher education
challenge grants (7 U.S.C. 3152(b)(1)); $1,000,000 for a higher
education multicultural scholars program (7 U.S.C. 3152(b)(5)), to
remain available until expended (7 U.S.C. 2209b); $2,850,000 for an
education grants program for Hispanic-serving Institutions (7 U.S.C.
3241); $500,000 for a secondary agriculture education program and two-
year postsecondary education (7 U.S.C. 3152 (h)); $4,000,000 for
aquaculture grants (7 U.S.C. 3322); $8,000,000 for sustainable
agriculture research and education (7 U.S.C. 5811); $9,200,000 for a
program of capacity building grants (7 U.S.C. 3152(b)(4)) to colleges
eligible to receive funds under the Act of August 30, 1890 (7 U.S.C.
321-326 and 328), including Tuskegee University, to remain available
until expended (7 U.S.C. 2209b); $1,552,000 for payments to the 1994
Institutions pursuant to section 534(a)(1) of Public Law 103-382; and
$10,688,000 for necessary expenses of Research and Education Activities,
of which not to exceed $100,000 shall be for employment under 5 U.S.C.
3109; in all, $481,216,000.
None of the funds in the foregoing paragraph shall be available to
carry out research related to the production, processing or marketing of
tobacco or tobacco products.
Native American Institutions Endowment Fund
For establishment of a Native American institutions endowment fund,
as authorized by Public Law 103-382 (7 U.S.C. 301 note), $4,600,000.
Extension Activities
Payments to States, the District of Columbia, Puerto Rico, Guam, the
Virgin Islands, Micronesia, Northern Marianas, and American Samoa: For
payments for cooperative extension work under the Smith-Lever Act, to be
distributed under sections 3(b) and 3(c) of said Act, and under section
208(c) of Public Law 93-471, for retirement and employees' compensation
costs for extension agents and for costs of penalty mail for cooperative
extension agents and State extension directors, $276,548,000; payments
for extension work at the 1994 Institutions under the Smith-Lever Act (7
U.S.C. 343(b)(3)),
$2,060,000; payments for the nutrition and family education program for
low-income areas under section 3(d) of the Act, $58,695,000; payments
for the pest management program under section 3(d) of the Act,
$10,783,000; payments for the farm safety program under section 3(d) of
the Act, $3,000,000; payments for the pesticide impact assessment
program under section 3(d) of the Act, $3,214,000; payments to upgrade
research, extension, and
[[Page 112 STAT. 2681-7]]
teaching facilities at the 1890 land-grant colleges, including Tuskegee
University, as authorized by section 1447 of Public Law 95-113 (7 U.S.C.
3222b), $8,426,000, to remain available until expended; payments for the
rural development centers under section 3(d) of the Act, $908,000;
payments for a groundwater quality program under section 3(d) of the
Act, $9,561,000; payments for youth-at-risk programs under section 3(d)
of the Act, $9,000,000; payments for a food safety program under section
3(d) of the Act, $7,365,000; payments for carrying out the provisions of
the Renewable Resources Extension Act of 1978, $3,192,000; payments for
Indian reservation agents under section 3(d) of the Act, $1,714,000;
payments for sustainable agriculture programs under section 3(d) of the
Act, $3,309,000; payments for rural health and safety education as
authorized by section 2390 of Public Law 101-624 (7 U.S.C. 2661 note,
2662), $2,628,000; payments for cooperative extension work by the
colleges receiving the benefits of the second Morrill Act (7 U.S.C. 321-
326 and 328) and Tuskegee University, $25,843,000; and for Federal
administration and coordination including administration of the Smith-
Lever Act, and the Act of September 29, 1977 (7 U.S.C. 341-349), and
section 1361(c) of the Act of October 3, 1980 (7 U.S.C. 301 note), and
to coordinate and provide program leadership for the extension work of
the Department and the several States and insular possessions,
$11,741,000; in all, $437,987,000: Provided, That funds hereby
appropriated pursuant to section 3(c) of the Act of June 26, 1953, and
section 506 of the Act of June 23, 1972, shall not be paid to any State,
the District of Columbia, Puerto Rico, Guam, or the Virgin Islands,
Micronesia, Northern Marianas, and American Samoa prior to availability
of an equal sum from non-Federal sources for expenditure during the
current fiscal year.
Office of the Assistant Secretary for Marketing and Regulatory Programs
For necessary salaries and expenses of the Office of the Assistant
Secretary for Marketing and Regulatory Programs to administer programs
under the laws enacted by the Congress for the Animal and Plant Health
Inspection Service, the Agricultural Marketing Service, and the Grain
Inspection, Packers and Stockyards Administration, $618,000.
Animal and Plant Health Inspection Service
For expenses, not otherwise provided for, including those pursuant
to the Act of February 28, 1947 (21 U.S.C. 114b-c), necessary to
prevent, control, and eradicate pests and plant and animal diseases; to
carry out inspection, quarantine, and regulatory activities; to
discharge the authorities of the Secretary of Agriculture under the Act
of March 2, 1931 (46 Stat. 1468; 7 U.S.C. 426-426b); and to protect the
environment, as authorized by law, $425,803,000, of which $4,105,000
shall be available for the control of outbreaks of insects, plant
diseases, animal diseases and for control of pest animals and birds to
the extent necessary to meet emergency conditions: Provided, That no
funds shall be used to formulate or
[[Page 112 STAT. 2681-8]]
administer a brucellosis eradication program for the current fiscal year
that does not require minimum matching by the States of at least 40
percent: Provided further, That this appropriation shall be available
for field employment pursuant to the second sentence of section 706(a)
of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $40,000
shall be available for employment under 5 U.S.C. 3109: Provided further,
That this appropriation shall be available for the operation and
maintenance of aircraft and the purchase of not to exceed four, of which
two shall be for replacement only: Provided further, That, in addition,
in emergencies which <<NOTE: 21 USC 129.>> threaten any segment of the
agricultural production industry of this country, the Secretary may
transfer from other appropriations or funds available to the agencies or
corporations of the Department such sums as may be deemed necessary, to
be available only in such emergencies for the arrest and eradication of
contagious or infectious disease or pests of animals, poultry, or
plants, and for expenses in accordance with the Act of February 28,
1947, and section 102 of the Act of September 21, 1944, and any
unexpended balances of funds transferred for such emergency purposes in
the next preceding fiscal year shall be merged with such transferred
amounts: Provided further, That appropriations hereunder shall be
available pursuant to law (7 U.S.C. 2250) for the repair and alteration
of leased buildings and improvements, but unless otherwise provided the
cost of altering any one building during the fiscal year shall not
exceed 10 percent of the current replacement value of the building.
In fiscal year 1999, the agency is authorized to collect fees to
cover the total costs of providing technical assistance, goods, or
services requested by States, other political subdivisions, domestic and
international organizations, foreign governments, or individuals,
provided that such fees are structured such that any entity's liability
for such fees is reasonably based on the technical assistance, goods, or
services provided to the entity by the agency, and such fees shall be
credited to this account, to remain available until expended, without
further appropriation, for providing such assistance, goods, or
services.
Of the total amount available under this heading in fiscal year
1999, $88,000,000 shall be derived from user fees deposited in the
Agricultural Quarantine Inspection User Fee Account.
buildings and facilities
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration, and purchase
of fixed equipment or facilities, as authorized by 7 U.S.C. 2250, and
acquisition of land as authorized by 7 U.S.C. 428a, $7,700,000, to
remain available until expended.
Agricultural Marketing Service
For necessary expenses to carry on services related to consumer
protection, agricultural marketing and distribution, transportation, and
regulatory programs, as authorized by law, and for administration and
coordination of payments to States, including field employment pursuant
to the second sentence of section 706(a) of the Organic Act of 1944 (7
U.S.C. 2225) and not to exceed $90,000
[[Page 112 STAT. 2681-9]]
for employment under 5 U.S.C. 3109, $48,831,000, including funds for the
wholesale market development program for the design and development of
wholesale and farmer market facilities for the major metropolitan areas
of the country: Provided, That this appropriation shall be available
pursuant to law (7 U.S.C. 2250) for the alteration and repair of
buildings and improvements, but the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the current
replacement value of the building.
Fees may be collected for the cost of standardization activities, as
established by regulation pursuant to law (31 U.S.C. 9701).
Not to exceed $60,730,000 (from fees collected) shall be obligated
during the current fiscal year for administrative expenses: Provided,
That if crop size is understated and/or other uncontrollable events
occur, the agency may exceed this limitation by up to 10 percent with
notification to the Appropriations Committees.
Funds available under section 32 of the Act of August 24, 1935 (7
U.S.C. 612c) shall be used only for commodity program expenses as
authorized therein, and other related operating expenses, except for:
(1) transfers to the Department of Commerce as authorized by the Fish
and Wildlife Act of August 8, 1956; (2) transfers otherwise provided in
this Act; and (3) not more than $10,998,000 for formulation and
administration of marketing agreements and orders pursuant to the
Agricultural Marketing Agreement Act of 1937 and the Agricultural Act of
1961.
For payments to departments of agriculture, bureaus and departments
of markets, and similar agencies for marketing activities under section
204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)),
$1,200,000.
Grain Inspection, Packers and Stockyards Administration
For necessary expenses to carry out the provisions of the United
States Grain Standards Act, for the administration of the Packers and
Stockyards Act, for certifying procedures used to protect purchasers of
farm products, and the standardization activities related to grain under
the Agricultural Marketing Act of 1946, including field employment
pursuant to the second sentence of section 706(a) of the Organic Act of
1944 (7 U.S.C. 2225), and not to exceed $25,000 for employment under 5
U.S.C. 3109, $26,787,000: Provided, That this appropriation shall be
available pursuant to law (7 U.S.C. 2250) for the alteration and repair
of buildings and improvements, but the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the current
replacement value of the building.
[[Page 112 STAT. 2681-10]]
Not to exceed $42,557,000 (from fees collected) shall be obligated
during the current fiscal year for inspection and weighing services:
Provided, That if grain export activities require additional supervision
and oversight, or other uncontrollable factors occur, this limitation
may be exceeded by up to 10 percent with notification to the
Appropriations Committees.
For necessary salaries and expenses of the Office of the Under
Secretary for Food Safety to administer the laws enacted by the Congress
for the Food Safety and Inspection Service, $446,000.
Food Safety and Inspection Service
For necessary expenses to carry out services authorized by the
Federal Meat Inspection Act, the Poultry Products Inspection Act, and
the Egg Products Inspection Act, $616,986,000, and in addition,
$1,000,000 may be credited to this account from fees collected for the
cost of laboratory accreditation as authorized by section 1017 of Public
Law 102-237: Provided, That this appropriation shall not be available
for shell egg surveillance under section 5(d) of the Egg Products
Inspection Act (21 U.S.C. 1034(d)): Provided further, That this
appropriation shall be available for field employment pursuant to the
second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C.
2225), and not to exceed $75,000 shall be available for employment under
5 U.S.C. 3109: Provided further, That this appropriation shall be
available pursuant to law (7 U.S.C. 2250) for the alteration and repair
of buildings and improvements, but the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the current
replacement value of the building.
Office of the Under Secretary for Farm and Foreign Agricultural Services
For necessary salaries and expenses of the Office of the Under
Secretary for Farm and Foreign Agricultural Services to administer the
laws enacted by Congress for
the Farm Service Agency, the Foreign Agricultural Service, the Risk
Management Agency, and the Commodity Credit Corporation, $572,000.
Farm Service Agency
For necessary expenses for carrying out the administration and
implementation of programs administered by the Farm Service Agency,
$714,499,000: Provided, That the Secretary is authorized to use the
services, facilities, and authorities (but not the funds) of the
Commodity Credit Corporation to make program payments for all programs
administered by the Agency: Provided further, That other funds made
available to the Agency for authorized activities may be advanced to and
merged with this account: Provided further, That these funds shall be
available for employment
[[Page 112 STAT. 2681-11]]
pursuant to the second sentence of section 706(a) of the Organic Act of
1944 (7 U.S.C. 2225), and not to exceed $1,000,000 shall be available
for employment under 5 U.S.C. 3109.
For grants pursuant to section 502(b) of the Agricultural Credit Act
of 1987 (7 U.S.C. 5101-5106), $2,000,000.
For necessary expenses involved in making indemnity payments to
dairy farmers for milk or cows producing such milk and manufacturers of
dairy products who have been directed to remove their milk or dairy
products from commercial markets because it contained residues of
chemicals registered and approved for use by the Federal Government, and
in making indemnity payments for milk, or cows producing such milk, at a
fair market value to any dairy farmer who is directed to remove his milk
from commercial markets because of: (1) the presence of products of
nuclear radiation or fallout if such contamination is not due to the
fault of the farmer; or (2) residues of chemicals or toxic substances
not included under the first sentence of the Act of August 13, 1968 (7
U.S.C. 450j), if such chemicals or toxic substances were not used in a
manner contrary to applicable regulations or labeling instructions
provided at the time of use and the contamination is not due to the
fault of the farmer, $450,000, to remain available until expended (7
U.S.C. 2209b): Provided, That none of the funds contained in this Act
shall be used to make indemnity payments to any farmer whose milk was
removed from commercial markets as a result of the farmer's willful
failure to follow procedures prescribed by the Federal Government:
Provided further, That this amount shall be transferred to the Commodity
Credit Corporation: Provided further, That the Secretary is authorized
to utilize the services, facilities, and authorities of the Commodity
Credit Corporation for the purpose of making dairy indemnity
disbursements.
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by 7 U.S.C. 1928-1929, to be available
from funds in the Agricultural Credit Insurance Fund, as follows: farm
ownership loans, $510,682,000, of which $425,031,000 shall be for
guaranteed loans; operating loans, $1,648,276,000, of which $948,276,000
shall be for unsubsidized guaranteed loans and $200,000,000 shall be for
subsidized guaranteed loans; Indian tribe land acquisition loans as
authorized by 25 U.S.C. 488, $1,000,000; for emergency insured loans,
$25,000,000 to meet the needs resulting from natural disasters; and for
boll weevil eradication program loans as authorized by 7 U.S.C. 1989,
$100,000,000.
For the cost of direct and guaranteed loans, including the cost of
modifying loans as defined in section 502 of the Congressional Budget
Act of 1974, as follows: farm ownership loans, $19,580,000, of which
$6,758,000 shall be for guaranteed loans; operating loans, $62,630,000,
of
which $11,000,000 shall be for
[[Page 112 STAT. 2681-12]]
unsubsidized guaranteed loans and $17,480,000 shall be for subsidized
guaranteed loans; Indian tribe land acquisition loans as authorized by
25 U.S.C. 488, $153,000; for emergency insured loans, $5,900,000 to meet
the needs resulting from natural disasters; and for boll weevil
eradication program loans as authorized by 7 U.S.C. 1989, $1,440,000.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $219,861,000, of which $209,861,000
shall be transferred to and merged with the appropriation for ``Farm
Service Agency, Salaries and Expenses''.
Risk Management Agency
For administrative and operating expenses, as authorized by the
Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 6933),
$64,000,000: Provided, That not to exceed $700 shall be available for
official reception and representation expenses, as authorized by 7
U.S.C. 1506(i).
CORPORATIONS
The following corporations and agencies are hereby authorized to
make expenditures, within the limits of funds and borrowing authority
available to each such corporation or agency and in accord with law, and
to make contracts and commitments without regard to fiscal year
limitations as provided by section 104 of the Government Corporation
Control Act as may be necessary in carrying out the programs set forth
in the budget for the current fiscal year for such corporation or
agency, except as hereinafter provided.
For payments as authorized by section 516 of the Federal Crop
Insurance Act, such sums as may be necessary, to remain available until
expended (7 U.S.C. 2209b).
Commodity Credit Corporation Fund
For fiscal year 1999, such sums as may be necessary to reimburse the
Commodity Credit Corporation for net realized losses sustained, but not
previously reimbursed (estimated to be $8,439,000,000 in the President's
fiscal year 1999 Budget Request (H. Doc. 105-177)), but not to exceed
$8,439,000,000, pursuant to section 2 of the Act of August 17, 1961 (15
U.S.C. 713a-11).
For fiscal year 1999, the Commodity Credit Corporation shall not
expend more than $5,000,000 for expenses to comply with the requirement
of section 107(g) of the Comprehensive Environmental Response,
Compensation, and Liability Act, 42 U.S.C. 9607(g), and section 6001 of
the Resource Conservation and Recovery Act, 42 U.S.C. 6961: Provided,
That expenses shall be for operations and maintenance costs only and
that other hazardous waste management costs shall be paid for by the
USDA Hazardous Waste Management appropriation in this Act.
[[Page 112 STAT. 2681-13]]
TITLE II
CONSERVATION PROGRAMS
Office of the Under Secretary for Natural Resources and Environment
For necessary salaries and expenses of the Office of the Under
Secretary for Natural Resources and Environment to administer the laws
enacted by the Congress for the Forest Service and the Natural Resources
Conservation Service, $693,000.
Natural Resources Conservation Service
For necessary expenses for carrying out the provisions of the Act of
April 27, 1935 (16 U.S.C. 590a-f), including preparation of conservation
plans and establishment of measures to conserve soil and water
(including farm irrigation and land drainage and such special measures
for soil and water management as may be necessary to prevent floods and
the siltation of reservoirs and to control agricultural related
pollutants); operation of conservation plant materials centers;
classification and mapping of soil; dissemination of information;
acquisition of lands, water, and interests therein for use in the plant
materials program by donation, exchange, or purchase at a nominal cost
not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C.
428a); purchase and erection or alteration or improvement of permanent
and temporary buildings; and operation and maintenance of aircraft,
$641,243,000, to remain available until expended (7 U.S.C. 2209b), of
which not less than $5,990,000 is for snow survey and water forecasting
and not less than $9,025,000 is for operation and establishment of the
plant materials centers: Provided, That appropriations hereunder shall
be available pursuant to 7 U.S.C. 2250 for construction and improvement
of buildings and public improvements at plant materials centers, except
that the cost of alterations and improvements to other buildings and
other public improvements shall not exceed $250,000: Provided further,
That when buildings or other structures are erected on non-Federal land,
that the right to use such land is obtained as provided in 7 U.S.C.
2250a: Provided further, That this appropriation shall be available for
technical assistance and related expenses to carry out programs
authorized by section 202(c) of title II of the Colorado River Basin
Salinity Control
Act of 1974 (43 U.S.C. 1592(c)): Provided further, That no part of this
appropriation may be expended for soil and water conservation operations
under the Act of April 27, 1935 in demonstration projects: Provided
further, That this appropriation shall be available for employment
pursuant to the second sentence of section 706(a) of the Organic Act of
1944 (7 U.S.C. 2225), and not to exceed $25,000 shall be available for
employment under 5 U.S.C. 3109: Provided further, That qualified local
engineers may be temporarily employed at per diem rates to perform the
technical planning work of the Service (16 U.S.C. 590e-2).
[[Page 112 STAT. 2681-14]]
For necessary expenses to conduct research, investigation, and
surveys of watersheds of rivers and other waterways, and for small
watershed investigations and planning, in accordance with the Watershed
Protection and Flood Prevention Act approved August 4, 1954 (16 U.S.C.
1001-1009), $10,368,000: Provided, That this appropriation shall be
available for employment pursuant to the second sentence of section
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed
$110,000 shall be available for employment under 5 U.S.C. 3109.
For necessary expenses to carry out preventive measures, including
but not limited to research, engineering operations, methods of
cultivation, the growing of vegetation, rehabilitation of existing works
and changes in use of land, in accordance with the Watershed Protection
and Flood Prevention Act approved August 4, 1954 (16 U.S.C. 1001-1005
and 1007-1009), the provisions of the Act of April 27, 1935 (16 U.S.C.
590a-f), and in accordance with the provisions of laws relating to the
activities of the Department, $99,443,000, to remain available until
expended (7 U.S.C. 2209b) (of which up to $15,000,000 may be available
for the watersheds authorized under the Flood Control Act approved June
22, 1936 (33 U.S.C. 701 and 16 U.S.C. 1006a)): Provided, That not to
exceed $47,000,000 of this appropriation shall be available for
technical assistance: Provided further, That this appropriation shall be
available for employment pursuant to the second sentence of section
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed
$200,000 shall be available for employment under 5 U.S.C. 3109: Provided
further, That not to exceed $1,000,000 of this appropriation is
available to carry out the purposes of the Endangered Species Act of
1973 (Public Law 93-205), including cooperative efforts as contemplated
by that Act to relocate endangered or threatened species to other
suitable habitats as may be necessary to expedite project construction.
For necessary expenses in planning and carrying out projects for
resource conservation and development and for sound land use pursuant to
the provisions of section 32(e) of title III of the Bankhead-Jones Farm
Tenant Act (7 U.S.C. 1010-1011; 76 Stat. 607), the Act of April 27, 1935
(16 U.S.C. 590a-f), and the Agriculture and Food Act of 1981 (16 U.S.C.
3451-3461), $35,000,000, to remain available until expended (7 U.S.C.
2209b): Provided, That this appropriation shall be available for
employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $50,000 shall be
available for employment under 5 U.S.C. 3109.
For necessary expenses, not otherwise provided for, to carry out the
program of forestry incentives, as authorized by the Cooperative
Forestry Assistance Act of 1978 (16 U.S.C. 2101), including technical
assistance and related expenses, $6,325,000, to remain available until
expended, as authorized by that Act.
[[Page 112 STAT. 2681-15]]
TITLE III
RURAL ECONOMIC AND COMMUNITY DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
For necessary salaries and expenses of the Office of the Under
Secretary for Rural Development to administer programs under the laws
enacted by the Congress for the Rural Housing Service, the Rural
Business-Cooperative Service, and the Rural Utilities Service of the
Department of Agriculture, $588,000.
For the cost of direct loans, loan guarantees, and grants, as
authorized by 7 U.S.C. 1926, 1926a, 1926c, and 1932, except for sections
381E-H, 381N, and 381O of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2009f), $722,686,000, to remain available until expended,
of which $29,786,000 shall be for rural community programs described in
section 381E(d)(1) of the Consolidated Farm and Rural Development Act;
of which $645,007,000 shall be for the rural utilities programs
described in section 381E(d)(2) of such Act, as provided in 7 U.S.C.
1926(a) and 7 U.S.C. 1926C; and of which $47,893,000 shall be for the
rural business and cooperative development programs described in section
381E(d)(3) of such Act: Provided, That of the amount appropriated for
the rural business and cooperative development programs, not to exceed
$500,000 shall be made available for a grant to a qualified national
organization to provide technical assistance for rural transportation in
order to promote economic development: Provided further, That not to
exceed $16,215,000 shall be for technical assistance grants for rural
waste systems pursuant to section 306(a)(14) of such Act; and not to
exceed $5,300,000 shall be for contracting with qualified national
organizations for a circuit rider program to provide technical
assistance for rural water systems: Provided further, That of the total
amount appropriated, not to exceed $33,926,000 shall be available
through June 30, 1999, for empowerment zones and enterprise communities,
as authorized by Public Law 103-66, of which $1,844,000 shall be for
rural community programs described in section 381E(d)(1) of such Act; of
which $23,948,000 shall be for the rural utilities programs described in
section 381E(d)(2) of such Act; of which $8,134,000 shall be for the
rural business and cooperative development programs described in section
381E(d)(3) of such Act.
Rural Housing Service
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by title V of the Housing Act of 1949, to
be available from funds in the rural housing insurance fund, as follows:
$3,965,313,000 for loans to section 502 borrowers, as determined by the
Secretary, of which $3,000,000,000 shall be
[[Page 112 STAT. 2681-16]]
for unsubsidized guaranteed loans; $25,001,000 for section 504 housing
repair loans; $100,000,000 for section 538 guaranteed multi-family
housing loans; $20,000,000 for section 514 farm labor housing;
$114,321,000 for section 515 rental housing; $5,152,000 for section 524
site loans; $16,930,000 for credit sales of acquired property, of which
up to $5,001,000 may be for multi-family credit sales; and $5,000,000
for section 523 self-help housing land development loans.
For the cost of direct and guaranteed loans, including the cost of
modifying loans, as defined in section 502 of the Congressional Budget
Act of 1974, as follows: section 502 loans, $116,800,000, of which
$2,700,000 shall be for unsubsidized guaranteed loans; section 504
housing repair loans, $8,808,000; section 538 multi-family housing
guaranteed loans, $2,320,000; section 514 farm labor housing,
$10,406,000; section 515 rental housing, $55,160,000; section 524 site
loans, $17,000; credit sales of acquired property, $3,492,000, of which
up to $2,416,000 may be for multi-family credit sales; and section 523
self-help housing land development loans, $282,000: Provided, That
of the total amount appropriated in this paragraph, $10,380,000 shall be
for empowerment zones and enterprise communities, as authorized by
Public Law 103-66: Provided further, That if such funds are not
obligated for empowerment zones and enterprise communities by June 30,
1999, they shall remain available for other authorized purposes under
this head.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $360,785,000, which shall be
transferred to and merged with the appropriation for ``Rural Housing
Service, Salaries and Expenses''.
For rental assistance agreements entered into or renewed pursuant to
the authority under section 521(a)(2) or agreements entered into in lieu
of debt forgiveness or payments for eligible households as authorized by
section 502(c)(5)(D) of the Housing Act of 1949, $583,397,000; and, in
addition, such sums as may be necessary, as authorized by section 521(c)
of the Act, to liquidate debt incurred prior to fiscal year 1992 to
carry out the rental assistance program under section 521(a)(2) of the
Act: Provided, That of this amount, not more than $5,900,000 shall be
available for debt forgiveness or payments for eligible households as
authorized by section 502(c)(5)(D) of the Act, and not to exceed $10,000
per project for advances to nonprofit organizations or public agencies
to cover direct costs (other than purchase price) incurred in purchasing
projects pursuant to section 502(c)(5)(C) of the Act: Provided further,
That agreements entered into or renewed during fiscal year 1999 shall be
funded for a five-year period, although the life of any such agreement
may be extended to fully utilize amounts obligated.
For grants and contracts pursuant to section 523(b)(1)(A) of the
Housing Act of 1949 (42 U.S.C. 1490c), $26,000,000, to remain available
until expended (7 U.S.C. 2209b): Provided, That of the total amount
appropriated, $1,000,000 shall be for empowerment zones and enterprise
communities, as authorized by Public Law
[[Page 112 STAT. 2681-17]]
103-66: Provided further, That if such funds are not obligated for
empowerment zones and enterprise communities by June 30, 1999, they
shall remain available for other authorized purposes under this head.
For grants and contracts for housing for domestic farm labor, very
low-income housing repair, supervisory and technical assistance,
compensation for construction defects, and rural housing preservation
made by the Rural Housing Service, as authorized by 42 U.S.C. 1474,
1479(c), 1486, 1490e, and 1490m, $41,000,000, to remain available until
expended: Provided, That of the total amount appropriated, $1,200,000
shall be for empowerment zones and enterprise communities, as authorized
by Public Law 103-66: Provided further, That if such funds are not
obligated for empowerment zones and enterprise communities by June 30,
1999, they shall remain available for other authorized purposes under
this head.
For necessary expenses of the Rural Housing Service, including
administering the programs authorized by the Consolidated Farm and Rural
Development Act, title V of the Housing Act of 1949, and cooperative
agreements, $60,978,000: Provided, That this appropriation shall be
available for employment pursuant to the second sentence of section
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed
$520,000 may be used for employment under 5 U.S.C. 3109: Provided
further, That the Administrator may expend not more than $10,000 to
provide modest nonmonetary awards to non-USDA employees.
Rural Business-Cooperative Service
For the cost of direct loans, $16,615,000, as authorized by the
Rural Development Loan Fund (42 U.S.C. 9812(a)): Provided, That such
costs, including the cost of modifying such loans, shall be as defined
in section 502
of the Congressional Budget Act of 1974: Provided further, That these
funds are available to subsidize gross obligations for the principal
amount of direct loans of $33,000,000: Provided further, That through
June 30, 1999, of the total amount appropriated, $3,215,520 shall be
available for the cost of direct loans for empowerment zones and
enterprise communities, as authorized by title XIII of the Omnibus
Budget Reconciliation Act of 1993, to subsidize gross obligations for
the principal amount of direct loans, $7,246,000: Provided further, That
if such funds are not obligated for empowerment zones and enterprise
communities by June 30, 1999, they shall remain available for other
authorized purposes under this head.
In addition, for administrative expenses to carry out the direct
loan programs, $3,482,000 shall be transferred to and merged with the
appropriation for ``Rural Business-Cooperative Service, Salaries and
Expenses''.
[[Page 112 STAT. 2681-18]]
For the principal amount of direct loans, as authorized under
section 313 of the Rural Electrification Act, for the purpose of
promoting rural economic development and job creation projects,
$15,000,000.
For the cost of direct loans, including the cost of modifying loans
as defined in section 502 of the Congressional Budget Act of 1974,
$3,783,000.
Of the funds derived from interest on the cushion of credit payments
in fiscal year 1999, as authorized by section 313 of the Rural
Electrification Act of 1936, $3,783,000 shall not be obligated and
$3,783,000 are rescinded.
For rural cooperative development grants authorized under section
310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C.
1932), $3,300,000, of which $1,300,000 shall be available for
cooperative agreements for the appropriate technology transfer for rural
areas program and $250,000 shall be available for an agribusiness and
cooperative development program.
For necessary expenses of the Rural Business-Cooperative Service,
including administering the programs authorized by the Consolidated Farm
and Rural Development Act; section 1323 of the Food Security Act of
1985; the Cooperative Marketing Act of 1926; for activities relating to
the marketing aspects of cooperatives, including economic research
findings, as authorized by the Agricultural Marketing Act of 1946; for
activities with institutions concerning the development and operation of
agricultural cooperatives; and for cooperative agreements; $25,680,000:
Provided, That this appropriation shall be available for employment
pursuant to the second sentence of section 706(a) of the Organic Act of
1944 (7 U.S.C. 2225), and not to exceed $260,000 may be used for
employment under 5 U.S.C. 3109.
Alternative Agricultural Research and Commercialization Corporation
Revolving Fund
For necessary expenses to carry out the Alternative Agricultural
Research and Commercialization Act of 1990 (7 U.S.C. 5901-5908),
$3,500,000 is appropriated to the Alternative Agricultural Research and
Commercialization Corporation Revolving Fund.
Rural Utilities Service
Insured loans pursuant to the authority of section 305 of the Rural
Electrification Act of 1936 (7 U.S.C. 935) shall be made as follows: 5
percent rural electrification loans, $71,500,000; 5
[[Page 112 STAT. 2681-19]]
percent rural telecommunications loans, $75,000,000; cost of money rural
telecommunications loans, $300,000,000; municipal rate rural electric
loans, $295,000,000; and loans made pursuant to section 306 of that Act,
rural electric, $700,000,000 and
rural telecommunications, $120,000,000, to remain available until
expended.
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, including the cost of modifying loans, of direct and
guaranteed loans authorized by the Rural Electrification Act of 1936 (7
U.S.C. 935 and 936), as follows: cost of direct loans, $16,667,000; cost
of municipal rate loans, $25,842,000; cost of money rural
telecommunications loans, $810,000: Provided, That notwithstanding
section 305(d)(2) of the Rural Electrification Act of 1936, borrower
interest rates may exceed 7 percent per year.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $29,982,000, which shall be
transferred to and merged with the appropriation for ``Rural Utilities
Service, Salaries and Expenses''.
The Rural Telephone Bank is hereby authorized to make such
expenditures, within the limits of funds available to such corporation
in accord with law, and to make such contracts and commitments without
regard to fiscal year limitations as provided by section 104 of the
Government Corporation Control Act, as may be necessary in carrying out
its authorized programs. During fiscal year 1999 and within the
resources and authority available, gross obligations for the principal
amount of direct loans shall be $157,509,000.
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, including the cost of modifying loans, of direct loans
authorized by the Rural Electrification Act of 1936 (7 U.S.C. 935),
$4,174,000.
In addition, for administrative expenses necessary to carry out the
loan programs, $3,000,000, which shall be transferred to and merged with
the appropriation for ``Rural Utilities Service, Salaries and
Expenses''.
For the cost of direct loans and grants, as authorized by 7 U.S.C.
950aaa et seq., $12,680,000, to remain available until expended, to be
available for loans and grants for telemedicine and distance learning
services in rural areas: Provided, That the costs of direct loans shall
be as defined in section 502 of the Congressional Budget Act of 1974.
For necessary expenses of the Rural Utilities Service, including
administering the programs authorized by the Rural Electrification Act
of 1936, and the Consolidated Farm and Rural Development Act, and for
cooperative agreements, $33,000,000: Provided, That this appropriation
shall be available for employment pursuant to the second sentence of
section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to
exceed $105,000 may be used for employment under 5 U.S.C. 3109.
[[Page 112 STAT. 2681-20]]
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition and Consumer Services
For necessary salaries and expenses of the Office of the Under
Secretary for Food, Nutrition and Consumer Services to administer the
laws enacted by the Congress for the Food and Nutrition Service,
$554,000.
Food and Nutrition Service
For necessary expenses to carry out the National School Lunch Act
(42 U.S.C. 1751 et seq.), except section 21, and the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.), except sections 17 and 21;
$9,176,897,000, to remain available through September 30, 2000, of which
$4,128,747,000 is hereby appropriated and $5,048,150,000 shall be
derived by transfer from funds available under section 32 of the Act of
August 24, 1935 (7 U.S.C. 612c): Provided, That none of the funds made
available under this heading shall be used for studies and evaluations:
Provided further, That up to $4,300,000 shall be available for
independent verification of school food
service claims: Provided further, That none of the funds under this
heading shall be available unless the value of bonus commodities
provided under section 32 of the Act of August 24, 1935 (49 Stat. 774,
chapter 641; 7 U.S.C. 612c), and section 416 of the Agricultural Act of
1949 (7 U.S.C. 1431) is included in meeting the minimum commodity
assistance requirement of section 6(g) of the National School Lunch Act
(42 U.S.C. 1755(g)).
For necessary expenses to carry out the special supplemental
nutrition program as authorized by section 17 of the Child Nutrition Act
of 1966 (42 U.S.C. 1786), $3,924,000,000, to remain available through
September 30, 2000: Provided, That none of the funds made available
under this heading shall be used for studies and evaluations: Provided
further, That of the total amount available, the Secretary shall
obligate $10,000,000 for the farmers' market nutrition program within 45
days of the enactment of this Act, and an additional $5,000,000 for the
farmers' market nutrition program from any funds not needed to maintain
current caseload levels: Provided further, That none of the funds in
this Act shall be available to pay administrative expenses of WIC
clinics except those that have an announced policy of prohibiting
smoking within the space used to carry out the program: Provided
further, That none of the funds provided in this account shall be
available for the purchase of infant formula except in accordance with
the cost containment and competitive bidding requirements specified in
section 17 of the Child Nutrition Act of 1966: Provided further, That
State agencies required to procure infant formula using a competitive
bidding system may use funds appropriated by this Act to
[[Page 112 STAT. 2681-21]]
purchase infant formula under a cost containment contract entered into
after September 30, 1996, only if the contract was awarded to the bidder
offering the lowest net price, as defined by section 17(b)(20) of the
Child Nutrition Act of 1966, unless the State agency demonstrates to the
satisfaction of the Secretary that the weighted average retail price for
different brands of infant formula in the State does not vary by more
than 5 percent.
For necessary expenses to carry out the Food Stamp Act (7 U.S.C.
2011 et seq.), $22,585,106,000, of which $100,000,000 shall be placed in
reserve for use only in such amounts and at such times as may become
necessary to carry out program operations: Provided, That none of the
funds made available under this head shall be used for studies and
evaluations: Provided further, That funds provided herein shall be
expended in accordance with section 16 of the Food Stamp Act: Provided
further, That this appropriation shall be subject to any work
registration or workfare requirements as may be required by law:
Provided further, That funds made available for Employment and Training
under this head shall remain available until expended, as authorized by
section 16(h)(1) of the Food Stamp Act.
commodity assistance program
For necessary expenses to carry out the commodity supplemental food
program as authorized by section 4(a) of the Agriculture and Consumer
Protection Act of 1973 (7 U.S.C. 612c note) and the Emergency Food
Assistance Act of 1983, $131,000,000, to remain available through
September 30, 2000: Provided, That none of these funds shall be
available to reimburse the Commodity Credit Corporation for commodities
donated to the program.
For necessary expenses to carry out section 4(a) of the Agriculture
and Consumer Protection Act of 1973 (7 U.S.C. 612c note), and section
311 of the Older Americans Act of 1965 (42 U.S.C. 3030a), $141,081,000,
to remain available through September 30, 2000.
food program administration
For necessary administrative expenses of the domestic food programs
funded under this Act, $108,561,000, of which $5,000,000 shall be
available only for simplifying procedures, reducing overhead costs,
tightening regulations, improving food stamp coupon handling, and
assistance
in the prevention, identification, and prosecution of fraud and other
violations of law and of which $2,000,000 shall be available for
obligation only after promulgation of a final rule to curb vendor
related fraud: Provided, That this appropriation shall be available for
employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $150,000 shall be
available for employment under 5 U.S.C. 3109.
[[Page 112 STAT. 2681-22]]
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Foreign Agricultural Service and General Sales Manager
For necessary expenses of the Foreign Agricultural Service,
including carrying out title VI of the Agricultural Act of 1954 (7
U.S.C. 1761-1768), market development activities abroad, and for
enabling the Secretary to sacoordinate and integrate activities of the
Department in connection with foreign agricultural work, including not
to exceed $128,000 for representation allowances and for expenses
pursuant to section 8 of the Act approved August 3, 1956 (7 U.S.C.
1766), $136,203,000: Provided, That the Service may utilize advances of
funds, or reimburse this appropriation for expenditures made on behalf
of Federal agencies, public and private organizations and institutions
under agreements executed pursuant to the agricultural food production
assistance programs (7 U.S.C. 1736) and the foreign assistance programs
of the International Development Cooperation Administration (22 U.S.C.
2392).
None of the funds in the foregoing paragraph shall be available to
promote the sale or export of tobacco or tobacco products.
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including interest
thereon, under the Agricultural Trade Development and Assistance Act of
1954 (7 U.S.C. 1691, 1701-1704, 1721-1726a, 1727-1727e, 1731-1736g-3,
and 1737), as follows: (1) $203,475,000 for Public Law 480 title I
credit, including Food for Progress programs; (2) $16,249,000 is hereby
appropriated for ocean freight differential costs for the shipment of
agricultural commodities pursuant to title I of said Act and the Food
for Progress Act of 1985; (3) $837,000,000 is hereby appropriated for
commodities supplied in connection with dispositions abroad pursuant to
title II of said Act; and (4) $25,000,000 is hereby appropriated for
commodities supplied in connection with dispositions abroad pursuant to
title III of said Act: Provided, That not to exceed 15 percent of the
funds made available to carry out any title of said Act may be used to
carry out any other title of said Act: Provided further, That such sums
shall remain available until expended (7 U.S.C. 2209b).
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, of direct credit agreements as authorized by the
Agricultural Trade Development and Assistance Act of 1954, and the Food
for Progress Act of 1985, including the cost of modifying credit
agreements under said Act, $176,596,000.
In addition, for administrative expenses to carry out the Public Law
480 title I credit program, and the Food for Progress Act of 1985, to
the extent funds appropriated for Public Law 480 are utilized,
$1,850,000, of which $1,035,000 may be transferredto and merged with the
appropriation for ``Foreign Agricultural Service and General Sales
Manager'' and $815,000 may be transferred
[[Page 112 STAT. 2681-23]]
to and merged with the appropriation for ``Farm Service Agency, Salaries
and Expenses''.
For administrative expenses to carry out the Commodity Credit
Corporation's export guarantee program, GSM 102 and GSM 103, $3,820,000;
to cover common
overhead expenses as permitted by section 11 of the Commodity Credit
Corporation Charter Act and in conformity with the Federal Credit Reform
Act of 1990, of which $3,231,000 may be transferred to and merged with
the appropriation for ``Foreign Agricultural Service and General Sales
Manager'' and $589,000 may be transferred to and merged with the
appropriation for ``Farm Service Agency, Salaries and Expenses''.
TITLE VI
RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for payment of
space rental and related costs pursuant to Public Law 92-313 for
programs and activities of the Food and Drug Administration which are
included in this Act; for rental of special purpose space in the
District of Columbia or elsewhere; and for miscellaneous and emergency
expenses of enforcement activities, authorized and approved by the
Secretary and to be accounted for solely on the Secretary's certificate,
not to exceed $25,000; $1,103,140,000, of which not to exceed
$132,273,000 in fees pursuant to section 736 of the Federal Food, Drug,
and Cosmetic Act may be credited to this appropriation and remain
available until expended: Provided, That fees derived from applications
received during fiscal year 1999 shall be subject to the fiscal year
1999 limitation: Provided further, That none of these funds shall be
used to develop, establish, or operate any program of user fees
authorized by 31 U.S.C. 9701: Provided further, That of the total amount
appropriated: (1) $231,580,000 shall be for the Center for Food Safety
and Applied Nutrition and related field activities in the Office of
Regulatory Affairs, of which, and notwithstanding section 409(h)(5)(A)
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), an
amount of $500,000 shall be made available for the development of
systems, regulations, and pilot programs, if any, that would be required
to permit full implementation, consistent with section 409(h)(5) of that
Act, in fiscal year 2000 of the food contact substance notification
program under section 409(h) of such Act; (2) $291,981,000 shall be for
the Center for Drug Evaluation and Research and related field activities
in the Officeof Regulatory Affairs; (3) $125,095,000 shall be for the
Center for Biologics Evaluation and Research and for related field
activities in the Office
[[Page 112 STAT. 2681-24]]
of Regulatory Affairs; (4) $41,973,000 shall be for the Center for
Veterinary Medicine and for related field activities in the Office of
Regulatory Affairs; (5) $145,736,000 shall be for the Center for Devices
and Radiological Health and for related field activities in the Office
of Regulatory Affairs; (6) $31,579,000 shall be for the National Center
for Toxicological Research; (7) $34,000,000 shall be for the Office of
Tobacco; (8) $25,855,000 shall be for Rent and Related activities, other
than the amounts paid to the General Services Administration; (9)
$88,294,000 shall be for payments to the General Services Administration
for rent and related costs; and (10) $87,047,000 shall be for other
activities, including the Office of the Commissioner, the Office of
Policy, the Office of External Affairs, the Office of Operations, the
Office of Management and Systems, and central services for these
offices: Provided further, That funds may be transferred from one
specified activity to another with the prior approval of the Committee
on Appropriations of both Houses of Congress.
In addition, fees pursuant to section 354 of the Public Health
Service Act may be credited to this account, to remain available until
expended.
In addition, fees pursuant to section 801 of the Federal Food, Drug,
and Cosmetic Act may be credited to this account, to remain available
until expended.
For plans, construction, repair, improvement, extension, alteration,
and purchase of fixed equipment or facilities of or used by the Food and
Drug Administration, where not otherwise provided, $11,350,000, to
remain available until expended (7 U.S.C. 2209b).
DEPARTMENT OF THE TREASURY
Financial Management Service
For necessary payments to the Farm Credit System Financial
Assistance Corporation by the Secretary of the Treasury, as authorized
by section 6.28(c) of the Farm Credit Act of 1971, for reimbursement of
interest expenses incurred by the Financial Assistance Corporation on
obligations issued through 1994, as authorized, $2,565,000.
INDEPENDENT AGENCIES
Commodity Futures Trading Commission
For necessary expenses to carry out the provisions of the Commodity
Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of
passenger motor vehicles; the rental of space (to include multiple year
leases) in the District of Columbia and elsewhere; and not to exceed
$25,000 for employment under 5 U.S.C. 3109, $61,000,000, including not
to exceed $1,000 for official reception and representation expenses:
Provided, That the Commission is authorized to charge reasonable fees to
attendees of
[[Page 112 STAT. 2681-25]]
Commission sponsored educational events and symposia to cover the
Commission's costs of providing those events and symposia, and
notwithstanding 31 U.S.C. 3302, said fees shall be credited to this
account, to be available without further appropriation.
Farm Credit Administration
Not to exceed $35,800,000 (from assessments collected from farm
credit institutions and from the Federal Agricultural Mortgage
Corporation) shall be obligated during the current fiscal year for
administrative expenses as authorized under 12 U.S.C. 2249: Provided,
That this limitation shall not apply to expenses associated with
receiverships.
TITLE VII--GENERAL PROVISIONS
Sec. 701. Within the unit limit of cost fixed by law, appropriations
and authorizations made for the Department of Agriculture for the fiscal
year 1999 under this Act shall be available for the purchase, in
addition to those specifically provided for, of not to exceed 440
passenger motor vehicles, of which 437 shall be for replacement only,
and for the hire of such vehicles.
Sec. 702. Funds in this Act available to the Department of
Agriculture shall be available for uniforms or allowances therefor as
authorized by law (5 U.S.C. 5901-5902).
Sec. <<NOTE: 7 USC 1623a.>> 703. Not less than $1,500,000 of the
appropriations of the Department of Agriculture in this Act for research
and service work authorized by the Acts of August 14, 1946, and July 28,
1954 (7 U.S.C. 427 and 1621-1629), and by chapter 63 of title 31, United
States Code, shall be available for contracting in accordance with said
Acts and chapter.
Sec. 704. The cumulative total of transfers to the Working Capital
Fund for the purpose of accumulating growth capital for data services
and National Finance Center operations shall not exceed $2,000,000:
Provided, That no funds in this Act appropriated to an agency of the
Department shall be transferred to the Working Capital Fund without the
approval of the agency administrator.
Sec. <<NOTE: 7 USC 2209b.>> 705. New obligational authority provided
for the following appropriation items in this Act shall remain available
until expended (7 U.S.C. 2209b): Animal and Plant Health Inspection
Service, the contingency fund to meet emergency conditions, fruit fly
program, integrated systems acquisition project, and up to $2,000,000
for costs associated with collocating regional offices; Farm Service
Agency, salaries and expenses funds made available to county committees;
and Foreign Agricultural Service, middle-income country training
program.
New obligational authority for the boll weevil program; up to 10
percent of the screwworm program of the Animal and Plant Health
Inspection Service; Food Safety and Inspection Service, field automation
and information management project; funds appropriated for rental
payments; funds for the Native American Institutions Endowment Fund in
the Cooperative State Research,
Education, and Extension Service; and funds for the competitive research
grants (7 U.S.C. 450i(b)), shall remain available until expended.
[[Page 112 STAT. 2681-26]]
Sec. 706. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 707. Not to exceed $50,000 of the appropriations available to
the Department of Agriculture in this Act shall be available to provide
appropriate orientation and language training pursuant to Public Law 94-
449.
Sec. 708. No funds appropriated by this Act may be used to pay
negotiated indirect cost rates on cooperative agreements or similar
arrangements between the United States Department of Agriculture and
nonprofit institutions in excess of 10 percent of the total direct cost
of the agreement when the purpose of such cooperative arrangements is to
carry out programs of mutual interest between the two parties. This does
not preclude appropriate payment of indirect costs on grants and
contracts with such institutions when such indirect costs are computed
on a similar basis for all agencies for which appropriations are
provided in this Act.
<<NOTE: 7 USC 612c note.>> Sec. 709. Notwithstanding any other
provision of this Act, commodities acquired by the Department in
connection with Commodity Credit Corporation and section 32 price
support operations may be used, as authorized by law (15 U.S.C. 714c and
7 U.S.C. 612c), to provide commodities to individuals in cases of
hardship as determined by the Secretary of Agriculture.
Sec. 710. None of the funds in this Act shall be available to
restrict the authority of the Commodity Credit Corporation to lease
space for its own use or to lease space on behalf of other agencies of
the Department of Agriculture when such space will be jointly occupied.
Sec. 711. None of the funds in this Act shall be available to pay
indirect costs on research grants awarded competitively by the
Cooperative State Research, Education, and Extension Service that exceed
14 percent of total Federal funds provided under each award: Provided,
That notwithstanding section 1462 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3310), funds provided by this Act for grants awarded
competitively by the Cooperative State Research, Education, and
Extension Service shall be available to pay full allowable indirect
costs for each grant awarded under the Small Business Innovation
Development Act of 1982, Public Law 97-219 (15 U.S.C. 638).
Sec. 712. Notwithstanding any other provisions of this Act, all loan
levels provided in this Act shall be considered estimates, not
limitations.
Sec. 713. Appropriations to the Department of Agriculture for the
cost of direct and guaranteed loans made available in fiscal year 1999
shall remain available until expended to cover obligations made in
fiscal year 1999 for the following accounts: the rural development loan
fund program account; the Rural Telephone Bank program account; the
rural electrification and telecommunications loans program account; and
the rural economic development loans program account.
Sec. 714. Such sums as may be necessary for fiscal year 1999 pay
raises for programs funded by this Act shall be absorbed within the
levels appropriated by this Act.
Sec. 715. Notwithstanding the Federal Grant and Cooperative
Agreement Act, marketing services of the Agricultural Marketing Service;
Grain Inspection, Packers and Stockyards Administration;
[[Page 112 STAT. 2681-27]]
and the Animal and Plant Health Inspection Service may use cooperative
agreements to reflect a relationship between the Agricultural Marketing
Service, the Grain Inspection, Packers and Stockyards Administration or
the Animal and Plant Health Inspection Service and a State or Cooperator
to carry out agricultural marketing programs or to carry out programs to
protect the Nation's animal and plant resources.
Sec. 716. Notwithstanding the Federal Grant and Cooperative
Agreement Act, the Natural Resources Conservation Service may enter into
contracts, grants, or cooperative agreements with a State agency or
subdivision, or a public or private organization, for the acquisition of
goods or services, including personal services, to carry out natural
resources conservation activities: Provided, That Commodity Credit
Corporation funds obligated for such purposes shall not exceed the level
obligated by the Commodity Credit Corporation for such purposes in
fiscal year 1998.
Sec. 717. None of the funds in this Act may be used to retire more
than 5 percent of the Class A stock of the Rural Telephone Bank or to
maintain any account or subaccount within the accounting records of the
Rural Telephone Bank the creation of which has not specifically been
authorized by statute: Provided, That notwithstanding any other
provision of law, none of the funds appropriated or otherwise made
available in this Act may be used to transfer to the Treasury or to the
Federal Financing Bank any unobligated balance of the Rural Telephone
Bank telephone liquidating account which is in excess of current
requirements and such balance shall receive interest as set forth for
financial accounts in section 505(c) of the Federal Credit Reform Act of
1990.
Sec. 718. Hereafter, none of the funds made available in this Act
may be used to provide assistance to, or to pay the salaries of
personnel to carry out a market promotion/market access program pursuant
to section 203 of the Agricultural Trade Act of 1978 (7 U.S.C. 5623)
that provides assistance to the United States Mink Export Development
Council or any mink industry trade association.
Sec. 719. Of the funds made available by this Act, not more than
$1,800,000 shall be used to cover necessary expenses of activities
related to all advisory committees, panels, commissions, and task forces
of the Department of Agriculture, except for panels used to comply with
negotiated rule makings and panels used to evaluate competitively
awarded grants: Provided, That interagency funding is authorized to
carry out the purposes of the National Drought Policy Commission.
Sec. 720. None of the funds appropriated in this Act may be used to
carry out the provisions of section 918
of Public Law 104-127, the Federal Agriculture Improvement and Reform
Act.
Sec. 721. No employee of the Department of Agriculture may be
detailed or assigned from an agency or office funded by this Act to any
other agency or office of the Department for more than 30 days unless
the individual's employing agency or office is fully reimbursed by the
receiving agency or office for the salary and expenses of the employee
for the period of assignment.
Sec. 722. None of the funds appropriated or otherwise made available
to the Department of Agriculture shall be used to transmit or otherwise
make available to any non-Department of Agriculture employee questions
or responses to questions that are a result of information requested for
the appropriations hearing process.
[[Page 112 STAT. 2681-28]]
Sec. 723. None of the funds made available to the Department of
Agriculture by this Act may be used to acquire new information
technology systems or significant upgrades, as determined by the Office
of the Chief Information Officer, without the approval of the Chief
Information Officer and the concurrence of the Executive Information
Technology Investment Review Board: Provided, That notwithstanding any
other provision of law, none of the funds appropriated or otherwise made
available by this Act may be transferred to the Office of the Chief
Information Officer without the prior approval of the Committee on
Appropriations of both Houses of Congress.
Sec. 724. (a) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in fiscal year 1999, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure through a reprogramming
of funds which: (1) creates new programs; (2) eliminates a program,
project, or activity; (3) increases funds or personnel by any means for
any project or activity for which funds have been denied or restricted;
(4) relocates an office or employees; (5) reorganizes offices, programs,
or activities; or (6) contracts out or privatizes any functions or
activities presently performed by Federal employees; unless the
Committee on Appropriations of both Houses of Congress are notified
fifteen days in advance of such reprogramming of funds.
(b) None of the funds provided by this Act, or provided by previous
Appropriations Acts to the agencies funded by this Act that remain
available for obligation or expenditure in fiscal year 1999, or provided
from any accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this Act, shall
be available for obligation or expenditure for activities, programs, or
projects through a reprogramming of funds in excess of $500,000 or 10
percent, whichever is less, that: (1) augments existing programs,
projects, or activities; (2) reduces by 10 percent funding for any
existing program, project, or activity, or numbers of personnel by 10
percent as approved by Congress; or (3) results from any general savings
from a reduction in personnel which would result in a change in existing
programs, activities, or projects as approved by Congress; unless the
Committee on Appropriations of both Houses of Congress are notified
fifteen days in advance of such reprogramming of funds.
Sec. 725. None of the funds appropriated or otherwise made available
by this Act or any other Act may be used to pay the salaries and
expenses of personnel to carry out section 793 of Public Law 104-127,
with the exception of funds made available under that section on January
1, 1997.
Sec. 726. None of the funds appropriated or otherwise made available
by this Act shall be used to pay the salaries and expenses of personnel
who carry out an environmental quality incentives program authorized by
sections 334-341 of Public Law 104-127 in excess of $174,000,000.
Sec. 727. None of the funds appropriated or otherwise available to
the Department of Agriculture may be used to administer the provision of
contract payments to a producer under the Agricultural Market Transition
Act (7 U.S.C. 7201 et seq.) for contract acreage
[[Page 112 STAT. 2681-29]]
on which wild rice is planted unless the contract payment is reduced by
an acre for each contract acre planted to wild rice.
Sec. 728. The Federal facility located in Stuttgart, Arkansas, and
known as the ``United States National Rice Germplasm Evaluation and
Enhancement Center'', shall be known and designated as the ``Dale
Bumpers National Rice Research Center'': Provided, That any reference in
law, map, regulation, document, paper, or other record of the United
States to such federal facility shall be deemed to be a reference to the
``Dale Bumpers National Rice Research Center''.
Sec. 729. Notwithstanding any other provision of law, the Secretary
of Agriculture, subject to the reprogramming requirements established by
this Act, may transfer up to $26,000,000 in discretionary funds made
available by this Act among programs of the Department, not otherwise
appropriated for a specific purpose or a specific location, for
distribution to or for the benefit of the
Lower Mississippi Delta Region, as defined in Public Law 100-460, prior
to normal state or regional allocation of funds: Provided, That any
funds made available through Chapter Four of Subtitle D of Title XII of
the Food Security Act of 1985 (16 U.S.C. 3839aa et seq.) may be included
in any amount reprogrammed under this section if such funds are used for
a purpose authorized by such Chapter: Provided further, That any funds
made available from ongoing programs of the Department of Agriculture
used for the benefit of the Lower Mississippi Delta Region shall be
counted toward the level cited in this section.
Sec. 730. None of the funds appropriated or otherwise made available
by this Act shall be used to pay the salaries and expenses of personnel
to enroll in excess of 120,000 acres in the fiscal year 1999 wetlands
reserve program as authorized by 16 U.S.C. 3837.
Sec. 731. None of the funds appropriated or otherwise made available
by this Act shall be used to pay the salaries and expenses of personnel
to carry out the emergency food assistance program authorized by section
27(a) of the Food Stamp Act if such program exceeds $90,000,000.
Sec. 732. None of the funds appropriated or otherwise made available
by this or any other Act shall be used to pay the salaries and expenses
of personnel to carry out the provisions of section 401 of Public Law
105-185.
Sec. 733. Notwithstanding any other provision of law, the City of
Big Spring, Texas shall be eligible to participate in rural housing
programs administered by the Rural Housing Service.
Sec. 734. Notwithstanding any other provision of law, the
Municipality of Carolina, Puerto Rico shall be eligible for grants and
loans administered by the Rural Utilities Service.
Sec. 735. Notwithstanding section 381A of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2009), the definitions of rural areas
for certain business programs administered by the Rural Business-
Cooperative Service and the community facilities programs administered
by the Rural Housing Service shall be those provided for in statute and
regulations prior to the enactment of Public Law 104-127.
Sec. 736. None of the funds appropriated or otherwise made available
by this Act shall be used to carry out any commodity purchase program
that would prohibit eligibility or participation by farmer-owned
cooperatives.
[[Page 112 STAT. 2681-30]]
Sec. 737. Section 512(d)(4)(D)(iii) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360b(d)(4)(D)(iii)) is amended by inserting
before the semicolon the following: ``, except that for purposes of this
clause, antibacterial ingredient or animal drug does not include the
ionophore or arsenical classes of animal drugs''.
Sec. 738. (a) None of the funds appropriated or otherwise made
available to the Secretary by this Act, any other Act, or any other
source may be used to issue the final rule to implement the amendments
to Federal milk marketing orders required by subsection (a)(1) of
section 143 of the Agricultural Market Transition Act (7 U.S.C. 7253),
other than during the period of February 1, 1999, through April 4, 1999,
and only if the actual implementation of the amendments as part of
Federal milk marketing orders takes effect on October 1, 1999,
notwithstanding the penalties that would otherwise be imposed under
subsection (c) of such section.
(b) None of such funds may be used to designate the State of
California as a separate Federal milk marketing order under subsection
(a)(2) of such section, other than during the period beginning on the
date of the issuance of the final rule referred to in subsection (a)
through September 30, 1999.
(c) For purposes of this section, a rule shall be considered to be a
final rule when the rule is submitted to Congress as required by chapter
8 of title 5, United States
Code, to permit congressional review of agency rulemaking and before the
Secretary of Agriculture conducts the producer referendum required under
section 8c(19) of the Agricultural Adjustment Act (7 U.S.C. 608c(19)),
reenacted with amendments by the Agricultural Marketing Agreement Act of
1937.
Sec. 739. Whenever the Secretary of Agriculture announces the basic
formula price for milk for purposes of Federal milk marketing orders
issued under section 8c of the Agricultural Adjustment Act (7 U.S.C.
608c), reenacted with amendments by the Agricultural Marketing Agreement
Act of 1937, the Secretary shall include in the announcement an
estimate, stated on a per hundredweight basis, of the costs incurred by
milk producers, including transportation and marketing costs, to produce
milk in the different regions of the United States.
Sec. 740. None of the funds appropriated or otherwise made available
by this Act shall be used to pay the salaries and expenses of personnel
to carry out a conservation farm option program, as authorized by
section 335 of Public Law 104-127.
<<NOTE: 7 USC 2279 note.>> Sec. 741. Waiver of Statute of
Limitations. (a) To the extent permitted by the Constitution, any civil
action to obtain relief with respect to the discrimination alleged in an
eligible complaint, if commenced not later than 2 years after the date
of the enactment of this Act, shall not be barred by any statute of
limitations.
(b) The complainant may, in lieu of filing a civil action, seek a
determination on the merits of the eligible complaint by the Department
of Agriculture if such complaint was filed not later than 2 years after
the date of enactment of this Act. The Department of Agriculture shall--
(1) provide the complainant an opportunity for a hearing on
the record before making that determination;
(2) award the complainant such relief as would be afforded
under the applicable statute from which the eligible complaint
arose notwithstanding any statute of limitations; and
[[Page 112 STAT. 2681-31]]
(3) to the maximum extent practicable within 180 days after
the date a determination of an eligible complaint is sought
under this subsection conduct an investigation, issue a written
determination and propose a resolution in accordance with this
subsection.
(c) Notwithstanding subsections (a) and (b), if an eligible claim is
denied administratively, the claimant shall have at least 180 days to
commence a cause of action in a Federal court of competent jurisdiction
seeking a review of such denial.
(d) The United States Court of Federal Claims and the United States
District Court shall have exclusive original jurisdiction over--
(1) any cause of action arising out of a complaint with
respect to which this section waives the statute of limitations;
and
(2) any civil action for judicial review of a determination
in an administrative proceeding in the Department of Agriculture
under this section.
(e) As used in this section, the term ``eligible complaint'' means a
nonemployment related complaint that was filed with the Department of
Agriculture before July 1, 1997 and alleges discrimination at any time
during the period beginning on January 1, 1981 and ending December 31,
1996--
(1) in violation of the Equal Credit Opportunity Act (15
U.S.C. 1691 et seq.) in administering--
(A) a farm ownership, farm operating, or emergency
loan funded from the Agricultural Credit Insurance
Program Account; or
(B) a housing program established under title V of
the Housing Act of 1949; or
(2) in the administration of a commodity program or a
disaster assistance program.
(f) This section shall apply in fiscal year 1999 and thereafter.
(g) The standard of review for judicial review of an agency action
with respect to an eligible complaint is de novo review. Chapter 5 of
title 5 of the United States Code shall apply with respect to an agency
action under this section with respect to an eligible complaint, without
regard to section 554(a)(1) of that title.
<<NOTE: 7 USC 2279d.>> Sec. 742. In any claim brought under the
Rehabilitation Act of 1973 and filed with the Secretary of Agriculture
after January 1994 resulting in a finding that a farmer was subjected to
discrimination under any farm loan program or activity conducted by the
United States Department of Agriculture in violation of section 504 of
the Rehabilitation Act of 1973 (29 U.S.C. 794), the Secretary of
Agriculture shall be liable for compensatory damages. Such liability
shall apply to any administrative action brought before the date of
enactment of this Act, but only if the action is brought within the
applicable statute of limitations and the complainant sought or seeks
compensatory damages while the action is pending.
Sec. 743. Public Law 102-237, Title X, Section 1013(a) and (b) (7
U.S.C. 426 note) is amended by striking ``, to the extent practicable,''
in each instance in which it appears.
Sec. 744. Funds made available for conservation operations by this
or any other Act, including prior-year balances, shall be available for
financial assistance and technical assistance for the purpose of
constructing the Franklin County Lake Project,
[[Page 112 STAT. 2681-32]]
Mississippi, in the amounts earmarked in appropriations report language.
Sec. 745. Section 306D of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926d) is amended by inserting ``25 percent
in'' in lieu of ``equal'' in subsection (b), and by inserting
``$20,000,000'' in lieu of ``$15,000,000'' in subsection (d).
Sec. 746. None of the funds made available to the Food and Drug
Administration by this Act shall be used to close or relocate, or to
plan to close or relocate, the Food and Drug Administration Division of
Drug Analysis in St. Louis, Missouri.
<<NOTE: 7 USC 1622 note.>> Sec. 747. None of the funds made
available by this Act or any other Act for any fiscal year may be used
to carry out section 302(h) of the Agricultural Marketing Act of 1946 (7
U.S.C. 1622(h)) unless the Secretary of Agriculture inspects and
certifies agricultural processing equipment, and imposes a fee for the
inspection and certification, in a manner that is similar to the
inspection and certification of agricultural products under that
section, as determined by the Secretary: Provided, That this provision
shall not affect the authority of the Secretary to carry out the Federal
Meat Inspection Act (21 U.S.C. 601 et seq.), the Poultry Products
Inspection Act (21 U.S.C. 451 et seq.), or the Egg Products Inspection
Act (21 U.S.C. 1031 et seq.).
<<NOTE: 7 USC 1508 note.>> Sec. 748. Notwithstanding the provisions
of section 508(b)(5)(A) of the Federal Crop Insurance Act (7 U.S.C.
1508(b)(5)(A)), for the 1999 reinsurance and subsequent reinsurance
years, no producer shall pay more than $50 per crop per county as an
administrative fee for catastrophic risk protection under section
508(b)(5)(A) of the Act.
Sec. 749. That notwithstanding section 4703(d)(1) of title 5, United
States Code, the personnel management demonstration project established
in the Department of Agriculture, as described at 55 FR 9062 and amended
at 61 FR 9507 and 61 FR 49178, shall be continued indefinitely and
become effective upon enactment of this Act.
<<NOTE: 7 USC 1762 note.>> Sec. 750. Strike the last sentence under
the heading of Title IV--International Programs, Foreign Agricultural
Service of Public Law 100-202 (101 STAT. 1329 et seq.) and insert in
lieu thereof the following: ``On or after August 1, 1998 such
individuals employed by contract to perform such services shall not, by
virtue of such employment, be considered to be employees of the United
States Government for purposes of any law administered by the Office of
Personnel Management. Such individuals may be considered employees
within the meaning of the Federal Employee Compensation Act, 5 U.S.C.
8101 et seq.''.
Sec. 751. Section 1237D(c)(1) of subchapter C of the Food Security
Act of 1985 <<NOTE: 16 USC 3837d.>> is amended by inserting after
``perpetual'' the following ``or 30-year''.
Sec. 752. <<NOTE: 16 USC 3837.>> Section 1237(b)(2) of subchapter C
of the Food Security Act of 1985 is amended by adding the following:
``(C) For purposes of subparagraph (A), to the
maximum extent practicable should be interpreted to mean
that acceptance of wetlands reserve program bids may be
in proportion to landowner interest expressed in program
options.''.
Sec. 753. (a) Section 3(d)(3) of the Forest and Rangeland Renewable
Resources Research Act of 1978 (16 U.S.C. 1642(d)(3)) (as amended by
section 253(b) of the Agricultural Research,
[[Page 112 STAT. 2681-33]]
Extension, and Education Reform Act of 1998) is amended by striking
``The Secretary'' and inserting ``At the request of the Governor of the
State of Maine, New Hampshire, New York, or Vermont, the Secretary''.
(b) Section 7(e)(2) of the Honey Research, Promotion, and Consumer
Information Act (7 U.S.C. 4606(e)(2)) (as amended by section 605(f)(3)
of the Agricultural Research, Extension, and Education Reform Act of
1998) is amended by striking ``$0.0075'' each place it appears and
inserting ``$0.01''.
(c)(1) Section 793(c)(2)(B) of the Federal Agriculture Improvement
and Reform Act of 1996 (7 U.S.C. 2204f(c)(2)(B)) is amended--
(A) in clause (iii), by striking ``or'' at the end;
(B) in clause (iv), by striking the period at the end and
inserting ``; or''; and
(C) by adding at the end the following:
``(v) a State agricultural experiment
station.''.
(2) Section 401(d) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7621(d)) is amended--
(A) in paragraph (3), by striking ``or'' at the end;
(B) in paragraph (4), by striking the period at the end and
inserting ``; or''; and
(C) by adding at the end the following:
``(5) a State agricultural experiment station.''.
(d) Section 3(d) of the Hatch Act of 1887 (7 U.S.C. 361c(d)) is
amended--
(1) in paragraph (1), by striking ``No'' and inserting
``Except as provided in paragraph (4), no''; and
(2) by adding at the end the following:
``(4) Territories.--In lieu of the matching funds
requirement of paragraph (1), the Commonwealth of Puerto Rico,
the Virgin Islands, and Guam shall be subject to the same
matching funds requirements as those applicable to an eligible
institution under section 1449 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3222d).''.
(e) Section 3(e) of the Smith-Lever Act (7 U.S.C. 343(e)) is
amended--
(1) in paragraph (1), by inserting ``paragraph (4) and''
after ``provided in''; and
(2) by adding at the end the following:
``(4) Territories.--In lieu of the matching funds
requirement of paragraph (1), the Commonwealth of Puerto Rico,
the Virgin Islands, and Guam shall be subject to the same
matching funds requirements as those applicable to an eligible
institution under section 1449 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3222d).''.
<<NOTE: Effective date. 7 USC 343 note.>> (f) The amendments made
by this section shall take effect on the date of enactment of the
Agricultural Research, Extension, and Education Reform Act of 1998.
Sec. 754. None of the funds appropriated by this Act or any other
Act shall be used to pay the salaries and expenses of personnel who
prepare or submit appropriations language as part of the President's
Budget submission to the Congress of the United States for programs
under the jurisdiction of the Appropriations Subcommittees on
Agriculture, Rural Development, and Related Agencies that assumes
revenues or reflects a reduction from the previous
[[Page 112 STAT. 2681-34]]
year due to user fees proposals that have not been enacted into law
prior to the submission of the Budget unless such Budget submission
identifies which additional spending reductions should occur in the
event the users fees proposals are not enacted prior to the date of the
convening of a committee of conference for the fiscal year 2000
appropriations Act.
Sec. 755. (a) Section 203(h) of the Agricultural Marketing Act of
1946 (7 U.S.C. 1622(h)) is amended by adding at the end the following:
``Shell eggs packed under the voluntary grading program of the
Department of Agriculture shall not have been shipped for sale previous
to being packed under the program, as determined under a regulation
promulgated by the Secretary.''.
(b) Not later than 90 days after the date of enactment of this Act,
the Secretary of Agriculture, and the Secretary of Health and Human
Services, shall submit a joint status report to the Committees on
Appropriations of the House of Representatives and the Senate that
describes actions taken by the Secretary of Agriculture and the
Secretary of Health and Human Services--
(1) to enhance the safety of shell eggs and egg products;
(2) to prohibit the grading, under the voluntary grading
program of the Department of Agriculture, of shell eggs
previously shipped for sale; and
(3) to assess the feasibility and desirability of applying
to all shell eggs the prohibition on repackaging to enhance food
safety, consumer information, and consumer awareness.
Sec. 756. Expenses for computer-related activities of the Department
of Agriculture funded through the Commodity Credit Corporation pursuant
to section 161(b)(1)(A) of Public Law 104-127 in fiscal year 1999 shall
not exceed $65,000,000: Provided, That section 4(g) of the Commodity
Credit Corporation Charter Act is amended <<NOTE: 15 USC 714b.>> by
striking $193,000,000 and inserting $188,000,000.
Sec. 757. (a) The Secretary of Agriculture may use funds for tree
assistance made available under Public Law 105-174, to carry out a tree
assistance program to owners of trees that were lost or destroyed as a
result of a disaster or emergency that was declared by the President or
the Secretary of Agriculture during the period beginning May 1, 1998,
and ending August 1, 1998, regardless of whether the damage resulted in
loss or destruction after August 1, 1998.
(b) Subject to subsection (c), the Secretary shall carry out the
program, to the maximum extent practicable, in accordance with the terms
and conditions of the tree assistance program established under part 783
of title 7, Code of Federal Regulations.
(c) A person shall be presumed eligible for assistance under the
program if the person demonstrates to the Secretary that trees owned by
the person were lost or destroyed by May 31, 1999, as a direct result of
fire blight infestation that was caused by a disaster or emergency
described in subsection (a).
Sec. 758. None of the funds appropriated or otherwise made available
by this Act shall be used to establish an Office of Community Food
Security or any similar office within the United States Department of
Agriculture without the prior approval of the Committee on
Appropriations of both Houses of Congress.
Sec. 759. Notwithstanding any other provision of law, the city of
Vineland, New Jersey, shall be eligible for programs
[[Page 112 STAT. 2681-35]]
administered by the Rural Housing Service and the Rural Business-
Cooperative Service.
Sec. 760. (a)(1) For purposes of this section, the term
``Commission'' means the Commodity Futures Trading Commission.
(2) For purposes of this section, the term ``qualifying hybrid
instrument or swap agreement'' means a hybrid instrument or swap
agreement that--
(A) was entered into before the start of the restraint
period or is entered into during the restraint period; and
(B) is exempt under part 34 or part 35 of title 17, Code of
Federal Regulations (as in effect on January 1, 1998), qualifies
for the safe harbor contained in the Policy Statement of the
Commission regarding swap agreements published in the Federal
Register on July 21, 1989 (54 Fed. Reg. 30694), or qualifies for
the exclusion set forth in the Statutory Interpretation of the
Commission concerning certain hybrid instruments published in
the Federal Register on April 11, 1990 (55 Fed. Reg. 13582).
(3) For purposes of this section, the term ``restraint period''
means the period--
(A) beginning on the date of the enactment of this Act; and
(B) ending on March 30, 1999, or the first date on which
legislation is enacted that authorizes appropriations for the
Commission for a fiscal year after fiscal year 2000, whichever
occurs first.
(b) During the restraint period, the Commission may not propose or
issue any rule or regulation, or issue any interpretation or policy
statement, that restricts or regulates activity in a qualifying hybrid
instrument or swap agreement.
(c) Notwithstanding subsection (b), during the restraint period, the
Commission may--
(1) act on a petition for exemptive relief under section
4(c) of the Commodity Exchange Act (7 U.S.C. 6(c));
(2) enter such cease and desist orders and take such
enforcement action, including the imposition of sanctions, as
the Commission considers necessary to enforce any provision of
the Commodity Exchange Act (7 U.S.C. 1 et seq.) or title 17,
Code of Federal Regulations, in connection with a qualifying
hybrid instrument or swap agreement, to the extent such
provision is otherwise applicable to that qualifying hybrid
instrument or swap agreement or a transaction involving that
qualifying hybrid instrument or swap agreement;
(3) take such action as the Commission considers appropriate
with regard to agricultural trade options; and
(4) take such action as the Commission considers appropriate
to respond to a market emergency.
(d)(1) The legal status of contracts involving a qualifying hybrid
instrument or swap agreement shall not differ from the legal status
afforded such contracts during the period--
(A) beginning on--
(i) in the case of swap agreements, July 21, 1989,
which was the date on which the Commission adopted a
Policy Statement regarding swap agreements (54 Fed. Reg.
30694); and
(ii) in the case of hybrid instruments, April 11,
1990, which was the date that the Statutory
Interpretation of
[[Page 112 STAT. 2681-36]]
the Commission concerning hybrid instruments was
published in the Federal Register; and
(B) ending on January 1, 1998.
(2) Neither the comment letter of the Commission submitted on
February 26, 1998, to the Securities and Exchange Commission regarding
the proposal known as ``Broker-Dealer Lite'', nor the Concept Release of
the Commission regarding over-the-counter derivatives published in the
Federal Register on May 12, 1998 (63 Fed. Reg. 26114), shall alter or
affect the legal status of a qualifying hybrid instrument or swap
agreement under the Commodity Exchange Act (7 U.S.C. 1 et seq.).
(e) Nothing in this section shall be construed as reflecting or
implying a determination that a qualifying hybrid instrument or swap
agreement, or a transaction involving a qualifying hybrid instrument or
swap agreement, is subject to the Commodity Exchange Act (7 U.S.C. 1 et
seq.).
Sec. 761. None of the funds appropriated or otherwise made available
by this or any other Act may be used to carry out provision of section
612 of Public Law 105-185.
Sec. 762. Section 136 of the Agricultural Market Transition Act (7
U.S.C. 7236) is amended by striking ``1.25 cents'' each place it appears
in subsections (a) and (b) and inserting ``3 cents''.
Sec. 763. In implementing section 1124 of subtitle C of title XI of
this Act, the Secretary of Agriculture shall:
(a) provide $18,000,000 to the states for distribution of emergency
aid to individuals with family incomes below the federal poverty level
who have been adversely affected utilizing Federal Emergency Management
Agency guidelines;
(b) transfer to the Secretary of Commerce for obligation and
expenditure (1) $15,000,000 for programs pursuant to title IX of Public
Law 91-304, as amended, of which six percent may be available for
administrative costs; (2) $5,000,000 for the Trade Adjustment Assistance
program as provided by the Trade Act of 1974, as amended; and (3)
$7,000,000 for disaster research and prevention pursuant to section
402(d) of Public Law 94-265; and
(c) transfer to the Administrator of the Small Business
Administration for obligation and expenditure, $5,000,000 for the cost
of direct loans authorized by section 7(b) of the Small Business Act, as
amended, for eligible small businesses.
<<NOTE: 42 USC 7671c.>> Sec. 764. (a) Section 604 of the Clean Air
Act is amended by inserting at the end the following:
``(h) Methyl Bromide.--Notwithstanding subsection (d) and section
604(b), the Administrator shall not terminate production of methyl
bromide prior to January 1, 2005. The Administrator shall promulgate
rules for reductions in, and terminate the production, importation, and
consumption of, methyl bromide under a schedule that is in accordance
with, but not more stringent than, the phaseout schedule of the Montreal
Protocol Treaty as in effect on the date of the enactment of this
subsection.''.
(b) Section 604(d) of the Clean Air Act is amended by inserting at
the end the following:
``(5) Sanitation and food protection.--To the extent
consistent with the Montreal Protocol's quarantine and
preshipment provisions, the Administrator shall exempt the
production, importation, and consumption of methyl bromide to
fumigate commodities entering or leaving the United States or
any State (or political subdivision thereof) for purposes of
[[Page 112 STAT. 2681-37]]
compliance with Animal and Plant Health Inspection Service
requirements or with any international, Federal, State, or local
sanitation or food protection standard.
``(6) Critical uses.--To the extent consistent with the
Montreal Protocol, the Administrator, after notice and the
opportunity for public comment, and after consultation with
other departments or instrumentalities of the Federal Government
having regulatory authority related to methyl bromide, including
the Secretary of Agriculture, may exempt the production,
importation, and consumption of methyl bromide for critical
uses.''.
<<NOTE: 42 USC 7671c.>> (c) Section 604(e) of the Clean Air Act is
amended by inserting at the end the following:
``(3) Methyl bromide.--Notwithstanding the phaseout and
termination of production of methyl bromide pursuant to section
604(h), the Administrator may, consistent with the Montreal
Protocol, authorize the production of limited quantities of
methyl bromide, solely for use in developing countries that are
Parties to the Copenhagen Amendments to the Montreal
Protocol.''.
<<NOTE: 16 USC 590h note.>> Sec. 765. Notwithstanding any other
provision of law, permanent employees of county committees employed on
or after October 1, 1998, pursuant to 8(b) of the Soil Conservation and
Domestic Allotment Act (16 U.S.C. 590h(b)) shall be considered as having
Federal Civil Service status only for the purpose of applying for the
United States Department of Agriculture Civil Service vacancies.
Sec. 766. For grants for the rural empowerment zone and enterprise
communities programs, an additional $15,000,000 is hereby appropriated,
to remain available until expended, of which $10,000,000 is for grants
for entities designated under section 1391(g) of the Internal Revenue
Code of 1986 for the Secretary of Agriculture to carry out a second
round of the empowerment zone program in rural areas; and of which
$5,000,000 is for grants for rural enterprise communities for the
Secretary of Agriculture to designate not more than 20 additional rural
enterprise communities provided that such communities meet the
designation and eligibility requirements of part I of subchapter U of
chapter 1 of the Internal Revenue Code of 1986: Provided, That the
designation of rural enterprise communities pursuant to this section
shall be solely for the purpose of this section and not for tax
treatment under the Internal Revenue Code: Provided further, That these
funds are in addition to any other funds made available for empowerment
zones and enterprise communities.
TITLE VIII--AGRICULTURAL CREDIT
Sec. 801. Section 373 of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2008h) is amended by striking subsection (b) and inserting
the following:
``(b) Prohibition of Loans for Borrowers That Have Received Debt
Forgiveness.--
``(1) Prohibitions.--Except as provided in paragraph (2)--
``(A) the Secretary may not make a loan under this
title to a borrower that has received debt forgiveness
on a loan made or guaranteed under this title; and
[[Page 112 STAT. 2681-38]]
``(B) the Secretary may not guarantee a loan under
this title to a borrower that has received--
``(i) debt forgiveness after April 4, 1996, on
a loan made or guaranteed under this title; or
``(ii) received debt forgiveness on more than
3 occasions on or before April 4, 1996.
``(2) Exceptions.--
``(A) In general.--The Secretary may make a direct
or guaranteed farm operating loan for paying annual farm
or ranch operating expenses of a borrower who--
``(i) was restructured with a write-down under
section 353; or
``(ii) is current on payments under a
confirmed reorganization plan under chapters 11,
12, or 13 of Title 11 of the United States Code.
``(B) Emergency loans.--The Secretary may make an
emergency loan under section 321 to a borrower that--
``(i) on or before April 4, 1996, received not
more than 1 debt forgiveness on a loan made or
guaranteed under this title; and
``(ii) after April 4, 1996, has not received
debt forgiveness on a loan made or guaranteed
under this title.''.
Sec. 802. Section 324(d) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1964(d)) is amended--
(1) by striking ``(d) All loans'' and inserting the
following:
``(d) Repayment.--
``(1) In general.-- All loans''; and
(2) by adding at the end the following:
``(2) No basis for denial of loan.--
``(A) In general.--Subject to subparagraph (B), the
Secretary shall not deny a loan under this subtitle to a
borrower by reason of the fact that the borrower lacks a
particular amount of collateral for the loan if the
Secretary is reasonably certain that the borrower will
be able to repay the loan.
``(B) Refusal to pledge available collateral.--The
Secretary may deny or cancel a loan under this subtitle
if a borrower refuses to pledge available collateral on
request by the Secretary.''.
Sec. 803. (a) Section 508(n) of the Federal Crop Insurance Act (7
U.S.C. 1508(n)) is amended--
(1) by striking ``If'' and inserting the following:
``(1) In general.--Except as provided in paragraph
(2), if''; and
(2) by adding at the end the following:
``(2) Exception.--Paragraph (1) shall not apply to
emergency loans under subtitle C of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1961 et
seq.).''.
(b) Section 196(i)(3) of the Agricultural Market Transition Act (7
U.S.C. 7333(i)(3)) is amended--
(1) by striking ``If'' and inserting the following:
``(A) In general.--Except as provided in
subparagraph (B), if''; and
(2) by adding at the end the following:
[[Page 112 STAT. 2681-39]]
``(B) Exception.--Subparagraph (A) shall not apply
to emergency loans under subtitle C of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1961 et
seq.).''.
Sec. 804. Section 302 of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1922) is amended by adding at the end the following:
``(D) Notice.--Beginning with fiscal year 2000 not later
than 12 months before a borrower will become ineligible for
direct loans under this subtitle by reason of this paragraph,
the Secretary shall notify the borrower of such impending
ineligibility.''.
Sec. 805. The Consolidated Farm and Rural Development Act (7 U.S.C.
1921 et seq.) is amended--
(1) in section 302(a)(2) (7 U.S.C. 1922(a)(2)), by inserting
``for direct loans only,'' before ``have either'';
(2) in section 311(a)(2) (7 U.S.C. 1941(a)(2)), by inserting
``for direct loans only,'' before ``have either''; and
(3) in section 359 (7 U.S.C. 2006a)--
(A) in subsection (a), by striking ``and
guaranteed''; and
(B) in subsection (c), by striking ``or guaranteed''
each place it appears.
Sec. 806. (a) Section 305 of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1925) is amended--
(1) by striking ``Sec. 305. The Secretary'' and inserting
the following:
``SEC. 305. LIMITATIONS ON AMOUNT OF FARM OWNERSHIP LOANS.
``(a) In General.--The Secretary'';
(2) by striking ``$300,000'' and inserting ``$700,000
(increased, beginning with fiscal year 2000, by the inflation
percentage applicable to the fiscal year in which the loan is
guaranteed and reduced by the amount of any unpaid indebtedness
of the borrower on loans under subtitle B that are guaranteed by
the Secretary)'';
(3) by striking ``In determining'' and inserting the
following:
``(b) Determination of Value.--In determining''; and
(4) by adding at the end the following:
``(c) Inflation Percentage.--For purposes of this section, the
inflation percentage applicable to a fiscal year is the percentage (if
any) by which--
``(1) the average of the Prices Paid By Farmers Index (as
compiled by the National Agricultural Statistics Service of the
Department of Agriculture) for the 12-month period ending on
August 31 of the immediately preceding fiscal year; exceeds
``(2) the average of such index (as so defined) for the 12-
month period ending on August 31, 1996.''.
(b) Section 313 of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1943) is amended--
(1) by striking ``Sec. 313. The Secretary'' and inserting
the following:
``SEC. 313. LIMITATIONS ON AMOUNT OF OPERATING LOANS.
``(a) In General.--The Secretary'';
(2) by striking ``this subtitle (1) that would cause'' and
inserting ``this subtitle--
``(1) that would cause'';
[[Page 112 STAT. 2681-40]]
(3) by striking ``$400,000; or (2) for the purchasing'' and
inserting ``$700,000 (increased, beginning with fiscal year
2000, by the inflation percentage applicable to the fiscal year
in which the loan is guaranteed and reduced by the unpaid
indebtedness of the borrower on loans under the sections
specified in section 305 that are guaranteed by the Secretary);
or
``(2) for the purchasing''; and
(4) by adding at the end the following:
``(b) Inflation Percentage.--For purposes of this section, the
inflation percentage applicable to a fiscal year is the percentage (if
any) by which--
``(1) the average of the Prices Paid By Farmers Index (as
compiled by the National Agricultural Statistics Service of the
Department of Agriculture) for the 12-month period ending on
August 31 of the immediately preceding fiscal year; exceeds
``(2) the average of such index (as so defined) for the 12-
month period ending on August 31, 1996.''.
Sec. 807. Section 353(e) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2001(e)) is amended by adding at the end the
following:
``(6) Notice of recapture.--Beginning with fiscal year 2000
not later than 12 months before the end of the term of a shared
appreciation arrangement, the Secretary shall notify the
borrower involved of the provisions of the arrangement.''.
Sec. 808. Section 353(c)(3)(C) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2001(c)(3)(C)) is amended by striking ``110
percent'' and inserting ``100 percent''.
<<NOTE: India-Pakistan Relief Act of 1998. 22 USC 2799aa-1 note.>> TITLE
IX--INDIA-PAKISTAN RELIEF ACT
Sec. 901. Short Title. This title may be cited as the ``India-
Pakistan Relief Act of 1998''.
<<NOTE: 22 USC 2799aa-1 note.>> Sec. 902. Waiver Authority. (a)
Authority.--The President may waive for a period not to exceed one year
upon enactment of this Act with respect to India or Pakistan the
application of any sanction or prohibition (or portion thereof)
contained in section 101 or 102 of the Arms Export Control Act, section
620E(e) of the Foreign Assistance Act of 1961, or section 2(b)(4) of the
Export Import Bank Act of 1945.
(b) Exception.--The authority provided in subsection (a) shall not
apply to any restriction in section 102(b)(2) (B), (C), or (G) of the
Arms Export Control Act.
(c) Availability of Amounts.--Amounts made available by this section
are designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided, That such amounts shall be
available only to the extent that an official budget request that
includes designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress.
<<NOTE: 22 USC 2799aa-1 note.>> Sec. 903. Consultation. Prior to
each exercise of the authority provided in section 902, the President
shall consult with the appropriate congressional committees.
<<NOTE: 22 USC 2799aa-1 note.>> Sec. 904. Reporting Requirement.
Not later than 30 days prior to the expiration of a one-year period
described in section
[[Page 112 STAT. 2681-41]]
902, the Secretary of State shall submit a report to the appropriate
congressional committees on economic and national security developments
in India and Pakistan.
<<NOTE: 22 USC 2799aa-1 note.>> Sec. 905. Appropriate Congressional
Committees Defined. In this title, the term ``appropriate congressional
committees'' means the Committee on Foreign Relations of the Senate and
the Committee on International Relations of the House of Representatives
and the Committees on Appropriations of the House of Representatives and
the Senate.
TITLE X--UNDER SECRETARY OF AGRICULTURE FOR MARKETING AND REGULATORY
PROGRAMS
SEC. 1001. GENERAL.
Title II of the Federal Crop Insurance Reform and Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6901 et seq.) is
amended--
<<NOTE: 7 USC 6918.>> (1) in section 218(a)--
(A) in paragraph (1) by adding ``and'' at the end;
(B) in paragraph (2) by striking ``; and'' and
inserting a period; and
(C) by striking paragraph (3);
(2) by redesignating subtitle I as subtitle J;
(3) by inserting after subtitle H the following:
``Subtitle I--Marketing and Regulatory Programs
<<NOTE: 7 USC 7005.>> ``SEC. 285. UNDER SECRETARY OF AGRICULTURE FOR
MARKETING AND REGULATORY PROGRAMS.
``(a) Authorization.--The Secretary is authorized to establish in
the Department the position of Under Secretary of Agriculture for
Marketing and Regulatory Programs.
``(b) Confirmation Required.--If the Secretary establishes the
position of Under Secretary of Agriculture for Marketing and Regulatory
Programs authorized under subsection (a), the Under Secretary shall be
appointed by the President, by and with the advice and consent of the
Senate.
``(c) Functions of Under Secretary.--
``(1) Principal functions.--Upon establishment, the
Secretary shall delegate to the Under Secretary of Agriculture
for Marketing and Regulatory Programs those functions and duties
under the jurisdiction of the Department that are related to
agricultural marketing, animal and plant health inspection,
grain inspection, and packers and stockyards.
``(2) Additional functions.--The Under Secretary of
Agriculture for Marketing and Regulatory Programs shall perform
such other functions and duties as may be required by law or
prescribed by the Secretary.
``(d) Succession.--Any official who is serving as Assistant
Secretary of Agriculture for Marketing and Regulatory Programs on the
date of the enactment of this section and who was appointed by the
President, by and with the advice and consent of the Senate, shall not
be required to be reappointed under subsection (b) to the successor
position authorized under subsection (a) if the Secretary establishes
the position, and the official occupies the new position, within 180
days after the date of enactment of this section
[[Page 112 STAT. 2681-42]]
(or such later date set by the Secretary if litigation delays rapid
succession).
``(e) Executive Schedule.--Section 5314 of title 5, United States
Code, is amended by inserting after the item relating to the Under
Secretary of Agriculture for Food Safety (as added by section 261(c))
the following:
`Under Secretary of Agriculture for Marketing and Regulatory
Programs.'.''; and
<<NOTE: 7 USC 7014.>> (4) in section 296(b)--
(A) in paragraph (2), by striking ``or'';
(B) in paragraph (3), by striking the period and
inserting ``; or''; and
(C) by adding at the end the following:
``(4) the authority of the Secretary to establish in the
Department the position of Under Secretary of Agriculture for
Marketing and Regulatory Programs under section 285.''.
SEC. 1002. PAY INCREASE PROHIBITED.
The compensation of any officer or employee of the Department of
Agriculture on the date of enactment of this Act shall not be increased
as a result of the enactment of this Act.
SEC. 1003. CONFORMING AMENDMENT.
Section 5315 of title 5, United States Code, is amended by striking
``Assistant Secretaries of Agriculture (3).'' and inserting ``Assistant
Secretaries of Agriculture (2).''.
TITLE XI--EMERGENCY AND MARKET LOSS ASSISTANCE
Subtitle A--Emergency Assistance for Crop and Livestock Feed Losses Due
to Disasters
<<NOTE: 7 USC 1421 note.>> SEC. 1101. GENERAL PROVISIONS.
(a) Fair and Equitable Distribution.--Assistance made available
under this subtitle shall be distributed in a fair and equitable manner
to producers who have incurred crop and livestock feed losses in all
affected geographic regions of the United States.
(b) Program Administration.--In carrying out this subtitle, the
Secretary of Agriculture (referred to in this title as the
``Secretary'') may determine--
(1) 1 or more loss thresholds producers on a farm must incur
with respect to a crop to be eligible for assistance;
(2) the payment rate for crop and livestock feed losses
incurred; and
(3) eligibility and payment limitation criteria (as defined
by the Secretary) for persons to receive assistance under this
subtitle, which, in the case of assistance received under any
section of this subtitle, shall be in addition to--
(A) assistance made available under any other
section of this subtitle and subtitle B;
(B) payments or loans received by a person under the
Agricultural Market Transition Act (7 U.S.C. 7201 et
seq.);
(C) payments received by a person for the 1998 crop
under the noninsured crop assistance program established
under section 196 of that Act (7 U.S.C. 7333);
[[Page 112 STAT. 2681-43]]
(D) crop insurance indemnities provided for the 1998
crop under the Federal Crop Insurance Act (7 U.S.C. 1501
et seq.); and
(E) emergency loans made available for the 1998 crop
under subtitle C of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1961 et seq.).
<<NOTE: 7 USC 1421 note.>> SEC. 1102. CROP LOSS ASSISTANCE.
(a) In General.--The Secretary shall administer a program under
which emergency financial assistance is made available to producers on a
farm who have incurred losses associated with crops due to disasters (as
determined by the Secretary).
(b) Losses Incurred for 1998 Crop.--Subject to section 1132, the
Secretary shall use not more than $1,500,000,000 to make available
assistance to producers on a farm who have incurred losses in the 1998
crop due to disasters.
(c) Multiyear Losses.--Subject to section 1132, the Secretary shall
use not more than $875,000,000 to make available assistance to producers
on a farm who have incurred multiyear losses (as defined by the
Secretary) in the 1998 and preceding crops of a commodity due to
disasters (including, but not limited to, diseases such as scab).
(d) Relationship Between Assistance.--The Secretary shall make
assistance available to producers on a farm under either subsection (b)
or (c).
(e) Qualifying Losses.--Assistance under this section may be made
for losses associated with crops that are due to, as determined by the
Secretary--
(1) quantity losses;
(2) quality (including, but not limited to, aflatoxin)
losses; or
(3) severe economic losses due to damaging weather or
related condition.
(f) Crops Covered.--Assistance under this section shall be
applicable to losses for all crops (including losses of trees from which
a crop is harvested), as determined by the Secretary, due to disasters.
(g) Crop Insurance.--
(1) Administration.--In carrying out this section, the
Secretary shall not discriminate against or penalize producers
on a farm who have purchased crop insurance under the Federal
Crop Insurance Act (7 U.S.C. 1501 et seq.).
(2) Encouraging future crop insurance participation.--
Subject to section 1132, the Secretary, acting through the
Federal Crop Insurance Corporation, may use the funds made
available under subsections (b) and (c), and only those funds,
to provide premium refunds or other assistance to purchasers of
crop insurance for their 1998 insured crops, or their preceding
(including 1998) insured crops.
(3) Producers who have not purchased crop insurance for 1998
crop.--As a condition of receiving assistance under this
section, producers on a farm who have not purchased crop
insurance for the 1998 crop under that Act shall agree by
contract to purchase crop insurance for the 1999 and 2000 crops
produced by the producers.
(4) Liquidated damages.--
[[Page 112 STAT. 2681-44]]
(A) In general.--The contract under paragraph (3)
shall provide for liquidated damages to be paid by the
producers due to the failure of the producers to
purchase crop insurance as provided in paragraph (3).
(B) Notice of damages.--The amount of the liquidated
damages shall be established by the Secretary and
specified in the contract agreed to by the producers.
(5) Funding for crop insurance purchase requirement.--
Subject to section 1132, such sums as may be necessary, to
remain available until expended, shall be available to the
Federal Crop Insurance Corporation to cover costs incurred by
the Corporation as a result of the crop insurance purchase
requirement of paragraph (3). Funds made available under
subsections (b) and (c) may not be used to cover such costs.
<<NOTE: 7 USC 1421 note.>> SEC. 1103. EMERGENCY LIVESTOCK FEED
ASSISTANCE.
Subject to section 1132, the Secretary shall use not more than
$200,000,000 to make available livestock feed assistance to livestock
producers affected by disasters during calendar year 1998.
Subtitle B--Market Loss Assistance
<<NOTE: 7 USC 1421 note.>> SEC. 1111. MARKET LOSS ASSISTANCE.
(a) In General.--Subject to section 1132 and except as provided in
subsection (d), the Secretary shall use not more than $3,057,000,000 for
assistance to owners
and producers on a farm who are eligible for final payments for fiscal
year 1998 under a production flexibility contract for the farm under the
Agricultural Market Transition Act (7 U.S.C. 7201 et seq.) to partially
compensate the owners and producers for the loss of markets for the 1998
crop of a commodity.
(b) Amount.--Except as provided in subsection (d), the amount of
assistance made available to owners and producers on a farm under this
section shall be proportional to the amount of the contract payment
received by the owners and producers for fiscal year 1998 under a
production flexibility contract for the farm under the Agricultural
Market Transition Act.
(c) Time for Payment.--The assistance made available under this
section for an eligible owner or producer shall be made as soon as
practicable after the date of enactment of this Act.
(d) Of the total amount provided under subsection (a), $200,000,000
shall be available to provide assistance to dairy producers in a manner
determined by the Secretary: Provided, That no payments made under this
section shall affect any decision with respect to rulemaking activities
described under section 143 of Public Law 104-127.
Subtitle C--Other Assistance
<<NOTE: 7 USC 1421 note.>> SEC. 1121. INDEMNITY PAYMENTS FOR COTTON
PRODUCERS.
(a) Federal Contribution.--Subject to subsection (b), the Secretary
of Agriculture shall pay $5,000,000 to the State of Georgia to help fund
an indemnity fund, to be established and managed by that State, to
compensate cotton producers in that State for losses incurred in 1998 or
1999 from the loss of properly stored, harvested cotton as the result of
the bankruptcy of a warehouseman or other party in possession of
warehouse receipts evidencing title
[[Page 112 STAT. 2681-45]]
to the commodity, an improper conversion or transfer of the cotton, or
such other potential hazards as determined appropriate by the State.
(b) Conditions on Payment to State.--The Secretary of Agriculture
shall make the payment to the State of Georgia under subsection (a) only
if the State also contributes $5,000,000 to the indemnity fund and
agrees to expend all amounts in the indemnity fund by not later than
January 1, 2000, to provide compensation to cotton producers as provided
in such subsection. If the State of Georgia fails to make its
contribution of $5,000,000 to the indemnity fund by July 1, 1999, the
funds that would otherwise be paid to the State shall be available to
the Secretary for the purpose of providing partial compensation to
cotton producers as provided in such subsection.
(c) Reporting Requirements.--Upon the establishment of the indemnity
fund, and not later than October 1, 1999, the State of Georgia shall
submit a report to the Secretary of Agriculture and the Congress
describing the State's efforts to use the indemnity fund to provide
compensation to injured cotton producers.
<<NOTE: 7 USC 1421 note.>> SEC. 1122. HONEY RECOURSE LOANS.
(a) In General.--Notwithstanding any other provision of law, in
order to assist producers of honey to market their honey in an orderly
manner during a period of disastrously low prices, the Secretary shall
make available recourse loans to producers of the 1998 crop of honey on
fair and reasonable terms and conditions, as determined by the
Secretary.
(b) Loan Rate.--The loan rate of the loans shall be 85 percent of
the average price of honey during the 5-crop year period preceding the
1998 crop year, excluding the crop year in which the average price of
honey was the highest and the crop year in which the average price of
honey was the lowest in the period.
(c) No Net Cost Basis.--Repayment of a loan under this section shall
include repayment for interest and administrative costs as necessary to
operate the program established under this section on a no net cost
basis.
<<NOTE: 7 USC 1421 note.>> SEC. 1123. NONINSURED CROP ASSISTANCE TO
RAISIN PRODUCERS.
Notwithstanding any of the provisions of section 196 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333) that
would exclude the following producers from benefits thereunder, the
Secretary shall make Noninsured Crop Assistance Program payments in
fiscal year 1999 to raisin producers who obtained catastrophic risk
protection but because of adverse weather conditions were not able to
comply with the policy deadlines for laying the raisins in trays.
SEC. 1124. EMERGENCY <<NOTE: 7 USC 1421 note.>> ASSISTANCE.
In addition to amounts appropriated or otherwise made available by
this Act, $50,000,000 is appropriated to the Department of Agriculture,
to remain available until expended, to provide emergency disaster
assistance to persons or entities who have incurred losses from a
failure under section 312(a) of Public Law 94-265.
SEC. 1125. FOOD FOR PROGRESS.
The Food for Progress Act of 1985 (7 U.S.C. 1736o) is
amended--
[[Page 112 STAT. 2681-46]]
(1) in subsection (f)(3), by inserting after ``$30,000,000''
the following: ``(or, in the case of fiscal year 1999,
$35,000,000)'';
(2) in subsection (l)(1), by inserting after ``$10,000,000''
the following: ``(or, in the case of fiscal year 1999,
$12,000,000)'';
(3) by redesignating subsection (n) as subsection (o); and
(4) by inserting after subsection (m) the following:
``(n) During fiscal year 1999, to the maximum extent practicable,
the Secretary shall utilize Private Voluntary Organizations to carry out
this section.''.
<<NOTE: 7 USC 1421 note.>> SEC. 1126. TEMPORARY EXPANSION OF RECOURSE
LOAN AUTHORITY.
Section 137 of the Agricultural Market Transition Act (7 U.S.C.
7237) is amended--
(1) in the section heading, by inserting ``AND OTHER
FIBERS'' before the period at the end;
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following:
``(c) Recourse Loans Available for Mohair.--
``(1) Recourse loans available.--Notwithstanding any other
provision of law, during fiscal year 1999, the Secretary shall
make available recourse loans, as determined by the Secretary,
to producers of mohair produced during or before that fiscal
year.
``(2) Loan rate.--The loan rate for a loan under paragraph
(1) shall be equal to $2.00 per pound.
``(3) Term of loan.--A loan under paragraph (1) shall have a
term of 1 year beginning on the first day of the first month
after the month in which the loan is made.
``(4) Waiver of interest.--Notwithstanding subsection (d),
the Secretary shall not charge interest on a loan made under
paragraph (1).''.
<<NOTE: 7 USC 1421 note.>> SEC. 1127. PILOT PROGRAMS.
(a) Domestic Market Reporting Pilot Program.--Title IV of the
Packers and Stockyards Act is amended to include the following new
section:
<<NOTE: 7 USC 229a.>> ``SEC. 416. MANDATORY DOMESTIC REPORTING PILOT
INVESTIGATION.
``(1) In General.--The Secretary of Agriculture shall conduct a
twelve month pilot investigation, beginning upon the date of
implementation of such pilot, under which the Secretary shall require
any person or class of persons engaged in the business of buying,
selling, or marketing domestic or imported cattle for immediate
slaughter and fresh muscle cuts of beef, or domestic or imported sheep
and fresh or frozen muscle cuts of lamb, to report to the Secretary, in
the least intrusive manner possible, information relating to prices for
the procurement of these items.
``(2) Application.--This section shall only apply to a person that
is engaged in the business of buying, selling, or marketing a
significant share of the national market, as determined by the
Secretary, of the total volume of domestic or imported cattle for
immediate slaughter and fresh muscle cuts of beef, or domestic or
imported sheep and fresh or frozen muscle cuts of lamb, bought, sold, or
marketed in the United States.
``(3) Report.--Not later than six months after the conclusion of the
mandatory domestic reporting pilot investigation, the Secretary of
Agriculture shall submit a report to the Committee on Agriculture of the
House of Representatives and the Committee
[[Page 112 STAT. 2681-47]]
on Agriculture, Nutrition, and Forestry of the Senate on the
effectiveness of the pilot investigation. No information collected under
the pilot investigation may be disclosed until the report is
submitted.''.
(b) Export Market Reporting Pilot Investigation.--
(1) In general.--The Secretary shall implement a twelve
month pilot investigation, beginning on the date of
implementation, of a streamlined electronic system for
collecting export data, in the least intrusive manner possible,
for fresh or frozen muscle cuts of meat food products, and
develop a data-reporting program to disseminate summary
information in a timely manner, not to exceed two weeks after
issuance.
(2) Report.--Not later than six months after the conclusion
of the mandatory export reporting pilot investigation, the
Secretary of Agriculture shall submit a report to the Committee
on Agriculture of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate on the
effectiveness of the pilot investigation.
(c) Funding.--An amount of $250,000 is hereby appropriated to carry
out this section of the Act.
Subtitle D--Administration
<<NOTE: 7 USC 1421 note.>> SEC. 1131. COMMODITY CREDIT CORPORATION.
Subject to section 1132, the Secretary shall use the funds,
facilities, and authorities of the Commodity Credit Corporation to carry
out subtitles A, B, and C of this title.
<<NOTE: 7 USC 1421 note.>> SEC. 1132. EMERGENCY REQUIREMENT.
Notwithstanding the last sentence of section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended,
amounts made available by subtitles A, B, and C of this title are
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided, That such amounts shall be
available only to the extent that an official budget request that
includes designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to
Congress.
<<NOTE: 7 USC 1421 note.>> SEC. 1133. REGULATIONS.
(a) Issuance of Regulations.--As soon as practicable after the date
of enactment of this Act, the Secretary and the Commodity Credit
Corporation, as appropriate, shall issue such regulations as are
necessary to implement subtitles A, B, and C of this title. The issuance
of the regulations shall be made without regard to--
(1) the notice and comment provisions of section 553 of
title 5, United States Code;
(2) the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 Fed. Reg. 13804), relating to
notices of proposed rulemaking and public participation in
rulemaking; and
(3) chapter 35 of title 44, United States Code (commonly
known as the ``Paperwork Reduction Act'').
(b) Congressional Review of Agency Rulemaking.--In carrying out this
section, the Secretary shall use the authority provided under section
808 of title 5, United States Code.
[[Page 112 STAT. 2681-48]]
TITLE XII--BIODIESEL
SEC. 1201. BIODIESEL FUEL USE CREDITS.
(a) Amendment.--Title III of the Energy Policy Act of 1992 (42
U.S.C. 13211-13219) is amended by adding at the end the following new
section:
<<NOTE: 42 USC 13220.>> ``SEC. 312. BIODIESEL FUEL USE CREDITS.
``(a) Allocation of Credits.--
``(1) In general.--The Secretary shall allocate one credit
under this section to a fleet or covered person for each
qualifying volume of the biodiesel component of fuel containing
at least 20 percent biodiesel by volume purchased after the date
of the enactment of this section for use by the fleet or covered
person in vehicles owned or operated by the fleet or covered
person that weigh more than 8,500 pounds gross vehicle weight
rating.
``(2) Exceptions.--No credits shall be allocated under
paragraph (1) for a purchase of biodiesel--
``(A) for use in alternative fueled vehicles; or
``(B) that is required by Federal or State law.
``(3) Authority to modify percentage.--The Secretary may, by
rule, lower the 20 percent biodiesel volume requirement in
paragraph (1) for reasons related to cold start, safety, or
vehicle function considerations.
``(4) Documentation.--A fleet or covered person seeking a
credit under this section shall provide written documentation to
the Secretary supporting the allocation of a credit to such
fleet or covered person under paragraph (1).
``(b) Use of Credits.--
``(1) In general.--At the request of a fleet or covered
person allocated a credit under subsection (a), the Secretary
shall, for the year in which the purchase of a qualifying volume
is made, treat that purchase as the acquisition of one
alternative fueled vehicle the fleet or covered person is
required to acquire under this title, title IV, or title V.
``(2) Limitation.--Credits allocated under subsection (a)
may not be used to satisfy more than 50 percent of the
alternative fueled vehicle requirements of a fleet or covered
person under this title, title IV, and title V. This paragraph
shall not apply to a fleet or covered person that is a biodiesel
alternative fuel provider described in section 501(a)(2)(A).
``(c) Credit Not a Section 508 Credit.--A credit under this section
shall not be considered a credit under section 508.
``(d) Issuance of Rule.--The Secretary shall, before January 1,
1999, issue a rule establishing procedures for the implementation of
this section.
``(e) Collection of Data.--The Secretary shall collect such data as
are required to make a determination described in subsection (f)(2)(B).
``(f) Definitions.--For purposes of this section--
``(1) the term `biodiesel' means a diesel fuel substitute
produced from nonpetroleum renewable resources that meets the
registration requirements for fuels and fuel additives
established by the Environmental Protection Agency under section
211 of the Clean Air Act; and
``(2) the term `qualifying volume' means--
[[Page 112 STAT. 2681-49]]
``(A) 450 gallons; or
``(B) if the Secretary determines by rule that the
average annual alternative fuel use in light duty
vehicles by fleets and covered persons exceeds 450
gallons or gallon equivalents, the amount of such
average annual alternative fuel use.''.
(b) Table of Contents Amendment.--The table of contents of the
Energy Policy Act of 1992 is amended by adding at the end of the items
relating to title III the following new item:
``Sec. 312. Biodiesel fuel use credits.''.
TITLE XIII--EMERGENCY APPROPRIATIONS
DEPARTMENT OF AGRICULTURE
Farm Service Agency
For an additional amount for ``Salaries and Expenses'', $40,000,000,
to remain available until expended: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
For an additional gross obligation for the principal amount of
direct and guaranteed farm operating loans as authorized by 7 U.S.C.
1928-1929, to be available from funds in the Agricultural Credit
Insurance Fund, $540,510,000, of which $150,000,000 shall be for
unsubsidized guaranteed loans and $156,704,000 shall be for subsidized
guaranteed loans.
For the additional cost of direct and guaranteed farm operating
loans, including the cost of modifying such loans as defined in section
502 of the Congressional Budget Act of 1974, farm operating loans,
$31,405,000, of which $15,969,000 shall be for direct loans, $13,696,000
for guaranteed subsidized loans, and $1,740,000 for unsubsidized
guaranteed loans: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
Commodity Credit Corporation Fund
An additional $3,000,000 is provided for the dairy production
indemnity program as established by Public Law 105-174: Provided, That
the entire amount shall be available only to the extent that an official
budget request for $3,000,000, that includes designation of the entire
amount of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress: Provided further, That
the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of such Act.
[[Page 112 STAT. 2681-50]]
Natural Resources Conservation Service
For an additional amount to carry out the program of forestry
incentives, as authorized by the Cooperative Forestry Assistance Act of
1978 (16 U.S.C. 2101), including technical assistance and related
expenses, $10,000,000, to remain available until expended, as authorized
by that Act: Provided, That the entire amount shall be available only to
the extent that an official budget request for $10,000,000, that
includes designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
such Act.
This Act may be cited as the ``Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations Act,
1999''.
(b) For programs, projects or activities in the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1999, provided as follows, to be effective as if it
had been enacted into law as the regular appropriations Act:
TITLE I--DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the Department of
Justice, $79,448,000, of which not to exceed $3,317,000 is for the
Facilities Program 2000, to remain available until expended: Provided,
That not to exceed 43 permanent positions and 44 full-time equivalent
workyears and $8,136,000 shall be expended for the Department Leadership
Program exclusive of augmentation that occurred in these offices in
fiscal year 1998: Provided further, That not to exceed 41 permanent
positions and 48 full-time equivalent workyears and $4,811,000 shall be
expended for the Offices of Legislative Affairs and Public Affairs:
Provided further, That the latter two aforementioned offices shall not
be augmented by personnel details, temporary transfers of personnel on
either a reimbursable or non-reimbursable basis or any other type of
formal or informal transfer or reimbursement of personnel or funds on
either a temporary or long-term basis: Provided further, That the
Attorney General is authorized to transfer, under such terms and
conditions as the Attorney General shall specify, forfeited real or
personal property of limited or marginal value, as such value is
determined by guidelines established by the Attorney General, to a State
or local government agency, or its designated contractor or transferee,
for use to support drug abuse treatment, drug and crime prevention and
education, housing, job skills, and other community-based public health
and safety programs: Provided
[[Page 112 STAT. 2681-51]]
further, That any transfer under the preceding proviso shall not create
or confer any private right of action in any person against the United
States, and shall be treated as a reprogramming under section 605 of
this Act.
For necessary expenses, as determined by the Attorney General,
$10,000,000, to remain available until expended, to reimburse any
Department of Justice organization for (1) the costs incurred in
reestablishing the operational capability of an office or facility which
has been damaged or destroyed as a result of any domestic or
international terrorist incident; (2) the costs of providing support to
counter, investigate or prosecute domestic or international terrorism,
including payment of rewards in connection with these activities; (3)
the costs of conducting a terrorism threat assessment of Federal
agencies and their facilities; (4) the costs associated with ensuring
the continuance of essential Government functions during a time of
emergency; and (5) the costs of activities related to the protection of
the Nation's critical infrastructure: Provided, That any Federal agency
may be reimbursed for the costs of detaining in foreign countries
individuals accused of acts of terrorism that violate the laws of the
United States: Provided further, That funds provided under this
paragraph shall be available only after the Attorney General notifies
the Committees on Appropriations of the House of Representatives and the
Senate in accordance with section 605 of this Act.
In addition, for necessary expenses, as determined by the Attorney
General, $135,000,000, to remain available until expended, to reimburse
or transfer to agencies of the Department of Justice for any costs
incurred in connection with: (1) providing bomb training and response
capabilities to State and local law enforcement agencies; (2) providing
training and related equipment for chemical, biological, nuclear, and
cyber attack prevention and response capabilities for States, cities,
territories, and local jurisdictions; and (3) providing grants,
contracts, cooperative agreements, and other assistance authorized by
sections 819, 821, and 822 of the Antiterrorism and Effective Death
Penalty Act of 1996: Provided, That such funds transferred to the Office
of Justice Programs may include amounts for management and
administration, which shall be transferred to and merged with the
``Justice Assistance'' account.
administrative review and appeals
For expenses necessary for the administration of pardon and clemency
petitions and immigration related activities, $75,312,000.
In addition, $59,251,000, for such purposes, to remain available
until expended, to be derived from the Violent Crime Reduction Trust
Fund.
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $35,610,000; including not to exceed $10,000 to meet unforeseen
emergencies of a confidential character, to be expended under the
direction of, and to be accounted for solely under the
[[Page 112 STAT. 2681-52]]
certificate of, the Attorney General; and for the acquisition, lease,
maintenance, and operation of motor vehicles, without regard to the
general purchase price limitation for the current fiscal year: Provided,
That up to one-tenth of one percent of the Department of Justice's
allocation from the Violent Crime Reduction Trust Fund grant programs
may be transferred at the discretion of the Attorney General to this
account for the audit or other review of such grant programs, as
authorized by section 130005 of the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322).
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole Commission as
authorized by law, $7,400,000.
Legal Activities
salaries and expenses, general legal activities
For expenses necessary for the legal activities of the Department of
Justice, not otherwise provided for, including not to exceed $20,000 for
expenses of collecting evidence, to be expended under the direction of,
and to be accounted for solely under the certificate of, the Attorney
General; and rent of private or Government-owned space in the District
of Columbia, $466,840,000; of which not to exceed $10,000,000 for
litigation support contracts shall remain available until expended:
Provided, That of the funds available in this appropriation, not to
exceed $17,834,000 shall remain available until expended for office
automation systems for the legal divisions covered by this
appropriation, and for the United States Attorneys, the Antitrust
Division, and offices funded through ``Salaries and Expenses'', General
Administration: Provided further, That of the total amount appropriated,
not to exceed $1,000 shall be available to the United States National
Central Bureau, INTERPOL, for official reception and representation
expenses: Provided further, That $813,333 of funds made available to the
Department of Justice in this Act shall be transferred by the Attorney
General to the Presidential Advisory Commission on Holocaust Assets in
the United States: Provided further, That any transfer pursuant to the
previous proviso shall be treated as a reprogramming under section 605
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
In addition, $8,160,000, to be derived from the Violent Crime
Reduction Trust Fund, to remain available until expended for such
purposes.
In addition, for reimbursement of expenses of the Department of
Justice associated with processing cases under the National Childhood
Vaccine Injury Act of 1986, as amended, not to exceed $4,028,000, to be
appropriated from the Vaccine Injury Compensation Trust Fund.
[[Page 112 STAT. 2681-53]]
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and kindred
laws, $68,275,000: Provided, That, notwithstanding any other provision
of law, not to exceed $68,275,000 of offsetting collections derived from
fees collected in fiscal year 1999 for premerger notification filings
under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15
U.S.C. 18(a)) shall be retained and used for necessary expenses in this
appropriation, and shall remain
available until expended: Provided further, That the sum herein
appropriated from the General Fund shall be reduced as such offsetting
collections are received during fiscal year 1999, so as to result in a
final fiscal year 1999 appropriation from the General Fund estimated at
not more than $0.
For necessary expenses of the Offices of the United States
Attorneys, including intergovernmental and cooperative agreements,
$1,009,680,000; of which not to exceed $2,500,000 shall be available
until September 30, 2000, for (1) training personnel in debt collection,
(2) locating debtors and their property, (3) paying the net costs of
selling property, and (4) tracking debts owed to the United States
Government: Provided, That of the total amount appropriated, not to
exceed $8,000 shall be available for official reception and
representation expenses: Provided further, That not to exceed
$10,000,000 of those funds available for automated litigation support
contracts shall remain available until expended: Provided further, That
not to exceed $2,500,000 for the operation of the National Advocacy
Center shall remain available until expended: Provided further, That not
to exceed $1,000,000 shall remain available until expended for the
expansion of existing Violent Crime Task Forces in United States
Attorneys Offices into demonstration projects, including inter-
governmental, inter-local, cooperative, and task-force agreements,
however denominated, and contracts with State and local prosecutorial
and law enforcement agencies engaged in the investigation and
prosecution of violent crimes: Provided further, That, in addition to
reimbursable full-time equivalent workyears available to the Offices of
the United States Attorneys, not to exceed 9,044 positions and 9,312
full-time equivalent workyears shall be supported from the funds
appropriated in this Act for the United States Attorneys: Provided
further, That $2,300,000 shall be used to provide for additional
assistant United States attorneys and investigators to serve in
Philadelphia, Pennsylvania, and Camden County, New Jersey, to enforce
Federal laws designed to prevent the possession by criminals of firearms
(as that term is defined in section 921(a) of title 18, United States
Code), of which $1,500,000 shall be used to provide for those attorneys
and investigators in Philadelphia, Pennsylvania, and $800,000 shall be
used to provide for those attorneys and investigators in Camden County,
New Jersey.
In addition, $80,698,000, to be derived from the Violent Crime
Reduction Trust Fund, to remain available until expended for such
purposes.
[[Page 112 STAT. 2681-54]]
united states trustee system fund
For necessary expenses of the United States Trustee Program, as
authorized by 28 U.S.C. 589a(a), $114,248,000, to remain available until
expended and to be derived from the United States Trustee System Fund:
Provided, That, notwithstanding any other provision of law, deposits to
the Fund shall be available in such amounts as may be necessary to pay
refunds due depositors: Provided further, That, notwithstanding any
other provision of law, $114,248,000 of offsetting collections derived
from fees collected pursuant to 28 U.S.C. 589a(b) shall be retained and
used for necessary expenses in this appropriation and remain available
until expended: Provided further, That the sum herein appropriated from
the Fund shall be reduced as such offsetting collections are received
during fiscal year 1999, so as to result in a final fiscal year 1999
appropriation from the Fund estimated at $0: Provided further, That any
funds collected in fiscal year 1998 in excess of $114,248,000 are not
available for obligation.
For expenses necessary to carry out the activities of the Foreign
Claims Settlement Commission, including services as authorized by 5
U.S.C. 3109, $1,227,000.
salaries and expenses, united states marshals service
For necessary expenses of the United States Marshals Service;
including the acquisition, lease, maintenance, and operation of
vehicles, and the purchase of passenger motor vehicles for police-type
use, without regard to the general purchase price limitation for the
current fiscal year, $477,056,000, as authorized by 28 U.S.C. 561(i); of
which not to exceed $6,000 shall be available for official reception and
representation expenses; and of which not to exceed $4,000,000 for
development, implementation, maintenance and support, and training for
an automated prisoner information system shall remain available until
expended.
In addition, $25,553,000, for such purposes, to remain available
until expended, to be derived from the Violent Crime Reduction Trust
Fund.
For planning, constructing, renovating, equipping, and maintaining
United States Marshals Service prisoner-holding space in United States
courthouses and federal buildings, including the renovation and
expansion of prisoner movement areas, elevators, and sallyports,
$4,600,000, to remain available until expended.
There is hereby established <<NOTE: 18 USC 4013 note.>> a Justice
Prisoner and Alien Transportation System Fund for the payment of
necessary expenses related to the scheduling and transportation of
United States prisoners and illegal and criminal aliens in the custody
of the United States Marshals Service, as authorized in 18 U.S.C. 4013,
including, without limitation, salaries and expenses, operations, and
the acquisition, lease, and maintenance of aircraft and support
facilities:
[[Page 112 STAT. 2681-55]]
Provided, That the Fund shall be reimbursed or credited with advance
payments from amounts available to the Department of Justice, other
Federal agencies, and other sources at rates that will recover the
expenses of Fund operations, including, without limitation, accrual of
annual leave and depreciation of plant and equipment of the Fund:
Provided further, That proceeds from the disposal of Fund aircraft shall
be credited to the Fund: Provided further, That amounts in the Fund
shall be available without fiscal year limitation, and may be used for
operating equipment lease agreements that do not exceed 5 years.
federal prisoner detention
For expenses, related to United States prisoners in the custody of
the United States Marshals Service as authorized in 18 U.S.C. 4013, but
not including expenses otherwise provided for in appropriations
available to the Attorney General, $425,000,000, as authorized by 28
U.S.C. 561(i), to remain available until expended.
fees and expenses of witnesses
For expenses, mileage, compensation, and per diems of witnesses, for
expenses of contracts for the procurement and supervision of expert
witnesses, for private counsel expenses, and for per diems in lieu of
subsistence, as authorized by law, including advances, $95,000,000, to
remain available until expended; of which not to exceed $6,000,000 may
be made available for planning, construction, renovations, maintenance,
remodeling, and repair of buildings, and the purchase of equipment
incident thereto, for protected witness safesites; and of which not to
exceed $1,000,000 may be made available for the purchase and maintenance
of armored vehicles for transportation of protected witnesses.
salaries and expenses, community relations service
For necessary expenses of the Community Relations Service,
established by title X of the Civil Rights Act of 1964, $7,199,000 and,
in addition, up to $500,000 of funds made available to the Department of
Justice in this Act may be transferred by the Attorney General to this
account: Provided, That notwithstanding any other provision of law, upon
a determination by the Attorney General that emergent circumstances
require additional funding for conflict prevention and resolution
activities of the Community Relations Service, the Attorney General may
transfer such amounts to the Community Relations Service, from available
appropriations for the current fiscal year for the Department of
Justice, as may be necessary to respond to such circumstances: Provided
further, That any transfer pursuant to the previous proviso shall be
treated as a reprogramming under section 605 of this Act and shall not
be available for obligation or expenditure except in compliance with the
procedures set forth in that section.
assets forfeiture fund
For expenses authorized by 28 U.S.C. 524(c)(1)(A)(ii), (B), (F), and
(G), as amended, $23,000,000, to be derived from the Department of
Justice Assets Forfeiture Fund.
[[Page 112 STAT. 2681-56]]
Radiation Exposure Compensation
administrative expenses
For necessary administrative expenses in accordance with the
Radiation Exposure Compensation Act, $2,000,000.
Interagency Law Enforcement
interagency crime and drug enforcement
For necessary expenses for the detection, investigation, and
prosecution of individuals involved in organized crime drug trafficking
not otherwise provided for, to include intergovernmental agreements with
State and local law enforcement agencies engaged in the investigation
and prosecution of individuals involved in organized crime drug
trafficking, $304,014,000, of which $50,000,000 shall remain available
until expended: Provided, That any amounts obligated from appropriations
under this heading may be used under authorities available to the
organizations reimbursed from this appropriation: Provided further, That
any unobligated balances remaining available at the end of the fiscal
year shall revert to the Attorney General for reallocation among
participating organizations in succeeding fiscal years, subject to the
reprogramming procedures described in section 605 of this Act.
Federal Bureau of Investigation
For necessary expenses of the Federal Bureau of Investigation for
detection, investigation, and prosecution of crimes against the United
States; including purchase for police-type use of not to exceed 2,668
passenger motor vehicles, of which 2,000 will be for replacement only,
without regard to the general purchase price limitation for the current
fiscal year, and hire of passenger motor vehicles; acquisition, lease,
maintenance, and operation of aircraft; and not to exceed $70,000 to
meet unforeseen emergencies of a confidential character, to be expended
under the direction of, and to be accounted for solely under the
certificate of, the Attorney General, $2,746,805,000; of which not to
exceed $50,000,000 for automated data processing and telecommunications
and technical investigative equipment and not to exceed $1,000,000 for
undercover operations shall remain available until September 30, 2000;
of which not less than $292,473,000 shall be for counterterrorism
investigations, foreign counterintelligence, and other activities
related to our national security; of which not to exceed $61,800,000
shall remain available until expended; of which not to exceed
$10,000,000 is authorized to be made available for making advances for
expenses arising out of contractual or reimbursable agreements with
State and local law enforcement agencies while engaged in cooperative
activities related to violent crime, terrorism, organized crime, and
drug investigations; and of which $1,500,000 shall be available to
maintain an independent program office dedicated solely to the
automation of fingerprint identification services: Provided, That not to
exceed $45,000 shall be available for official reception and
representation expenses: Provided further, That no funds in this Act may
be used to provide ballistics imaging
[[Page 112 STAT. 2681-57]]
equipment to any State or local authority which has obtained similar
equipment through a Federal grant or subsidy unless the State or local
authority agrees to return that equipment or to repay that grant or
subsidy to the Federal Government.
In addition, $223,356,000 for such purposes, to remain available
until expended, to be derived from the Violent Crime Reduction Trust
Fund, as authorized by the Violent Crime Control and Law Enforcement Act
of 1994, as amended, and the Antiterrorism and Effective Death Penalty
Act of 1996.
For necessary expenses to construct or acquire buildings and sites
by purchase, or as otherwise authorized by law (including equipment for
such buildings); conversion and extension of federally-owned buildings;
and preliminary planning and design of projects; $1,287,000, to remain
available until expended.
Drug Enforcement Administration
For necessary expenses of the Drug Enforcement Administration,
including not to exceed $70,000 to meet unforeseen emergencies of a
confidential character, to be expended under the direction of, and to be
accounted for solely under the certificate of, the Attorney General;
expenses for conducting drug education and training programs, including
travel and related expenses for participants in such programs and the
distribution of items of token value that promote the goals of such
programs; purchase of not to exceed 1,428 passenger motor vehicles, of
which 1,080 will be for replacement only, for police-type use without
regard to the general purchase price limitation for the current fiscal
year; and acquisition, lease, maintenance, and operation of aircraft;
$800,780,000, of which not to exceed $1,800,000 for research and
$15,000,000 for transfer to the Drug Diversion Control Fee Account for
operating expenses shall remain available until expended, and of which
not to exceed $4,000,000 for purchase of evidence and payments for
information, not to exceed $10,000,000 for contracting for automated
data processing and telecommunications equipment, and not to exceed
$2,000,000 for laboratory equipment, $4,000,000 for technical equipment,
and $2,000,000 for aircraft replacement retrofit and parts, shall remain
available until September 30, 2000; and of which not to exceed $50,000
shall be available for official reception and representation expenses.
In addition, $405,000,000, for such purposes, to remain available
until expended, to be derived from the Violent Crime Reduction Trust
Fund.
For necessary expenses to construct or acquire buildings and sites
by purchase, or as otherwise authorized by law (including equipment for
such buildings); conversion and extension of federally-owned buildings;
and preliminary planning and design of projects; $8,000,000, to remain
available until expended.
[[Page 112 STAT. 2681-58]]
Immigration and Naturalization Service
salaries and expenses
For expenses necessary for the administration and enforcement of the
laws relating to immigration, naturalization, and alien registration, as
follows:
enforcement and border affairs
For salaries and expenses for the Border Patrol program, the
detention and deportation program, the intelligence program, the
investigations program, and the inspections program, including not to
exceed $50,000 to meet unforeseen emergencies of a confidential
character, to be expended under the direction of, and to be accounted
for solely under the certificate of, the Attorney General; purchase for
police-type use (not to exceed 3,855 passenger motor vehicles, of which
2,535 are for replacement only), without regard to the general purchase
price limitation for the current fiscal year, and hire of passenger
motor vehicles; acquisition, lease, maintenance and operation of
aircraft; research related to immigration enforcement; for protecting
and maintaining the integrity of the borders of the United States
including, without limitation, equipping, maintaining, and making
improvements to the infrastructure; and for the care and housing of
Federal detainees held in the joint Immigration and Naturalization
Service and United States Marshals Service's Buffalo Detention Facility,
$1,069,754,000, of which not to exceed $400,000 for research shall
remain available until expended; of which not to exceed $10,000,000
shall be available for costs associated with the training program for
basic officer training, and $5,000,000 is for payments or advances
arising out of contractual or reimbursable agreements with State and
local law enforcement agencies while engaged in cooperative activities
related to immigration; and of which not to exceed $5,000,000 is to fund
or reimburse other Federal agencies for the costs associated with the
care, maintenance, and repatriation of smuggled illegal aliens:
Provided, That none of the funds available to the Immigration and
Naturalization Service shall be available to pay any employee overtime
pay in an amount in excess of $30,000 during the calendar year beginning
January 1, 1999: Provided further, That uniforms may be purchased
without regard to the general purchase price limitation for the current
fiscal year: Provided further, That none of the funds provided in this
or any other Act shall be used for the continued operation of the San
Clemente and Temecula checkpoints unless the checkpoints are open and
traffic is being checked on a continuous 24-hour basis.
citizenship and benefits, immigration support and program direction
For all programs of the Immigration and Naturalization Service not
included under the heading ``Enforcement and Border Affairs'',
$552,083,000: Provided, That not to exceed $5,000 shall be available for
official reception and representation expenses: Provided further, That
the Attorney General may transfer any funds appropriated under this
heading and the heading ``Enforcement and Border Affairs'' between said
appropriations notwithstanding any percentage transfer limitations
imposed under this appropriation Act and
[[Page 112 STAT. 2681-59]]
may direct such fees as are collected by the Immigration and
Naturalization Service to the activities funded under this heading and
the heading ``Enforcement and Border Affairs'' for performance of the
functions for which the fees legally may be expended: Provided further,
That not to exceed 43 permanent positions and 43 full-time equivalent
workyears and $4,284,000 shall be expended for the Offices of
Legislative Affairs and Public Affairs: Provided further, That the
latter two aforementioned offices shall not be augmented by personnel
details, temporary transfers of personnel on either a reimbursable or
non-reimbursable basis, or any other type of formal or informal transfer
or reimbursement of personnel or funds on either a temporary or long-
term basis: Provided further, That the number of positions filled
through non-career appointment at the Immigration and Naturalization
Service, for which funding is provided in this Act or is otherwise made
available to the Immigration and Naturalization Service, shall not
exceed 4 permanent positions and 4 full-time equivalent workyears:
Provided further, That funds may be used, without limitation, for
equipping, maintaining, and making improvements to the infrastructure
and the purchase of vehicles for police type use within the limits of
the Enforcement and Border Affairs appropriation: Provided further,
That, notwithstanding any other provision of law, during fiscal year
1999, the Attorney General is authorized and directed to impose
disciplinary action, including termination of employment, pursuant to
policies and procedures applicable to employees of the Federal Bureau of
Investigation, for any employee of the Immigration and Naturalization
Service who violates policies and procedures set forth by the Department
of Justice relative to the granting of citizenship or who willfully
deceives the Congress or department leadership on any matter.
violent crime reduction programs
In addition, $842,490,000, for such purposes, to remain available
until expended, to be derived from the Violent Crime Reduction Trust
Fund: Provided, That the Attorney General may use the transfer authority
provided under the heading ``Citizenship and Benefits, Immigration
Support and Program Direction'' to provide funds to any program of the
Immigration and Naturalization Service that heretofore has been funded
by the Violent Crime Reduction Trust Fund.
construction
For planning, construction, renovation, equipping, and maintenance
of buildings and facilities necessary for the administration and
enforcement of the laws relating to immigration, naturalization, and
alien registration, not otherwise provided for, $90,000,000, to remain
available until expended: Provided, That no funds shall be available for
the site acquisition, design, or construction of any Border Patrol
checkpoint in the Tucson sector.
Federal Prison System
For expenses necessary for the administration, operation, and
maintenance of Federal penal and correctional institutions,
[[Page 112 STAT. 2681-60]]
including purchase (not to exceed 763, of which 599 are for replacement
only) and hire of law enforcement and passenger motor vehicles, and for
the provision of technical assistance and advice on corrections related
issues to foreign governments, $2,862,354,000: Provided, <<NOTE: 42 USC
250a.>> That the Attorney General may transfer to the Health Resources
and Services Administration such amounts as may be necessary for direct
expenditures by that Administration for medical relief for inmates of
Federal penal and correctional institutions: Provided further, That the
Director of the Federal Prison System (FPS), where necessary, may enter
into contracts with a fiscal agent/fiscal intermediary claims processor
to determine the amounts payable to persons who, on behalf of the FPS,
furnish health services to individuals committed to the custody of the
FPS: Provided further, That not to exceed $6,000 shall be available for
official reception and representation expenses: Provided further, That
not to exceed $90,000,000 for the activation of new facilities shall
remain available until September 30, 2000: Provided further, That, of
the amounts provided for Contract Confinement, not to exceed $20,000,000
shall remain available until expended to make payments in advance for
grants, contracts and reimbursable agreements, and other expenses
authorized by section 501(c) of the Refugee Education Assistance Act of
1980, as amended, for the care and security in the United States of
Cuban and Haitian entrants: Provided further, That, notwithstanding
section 4(d) of the Service Contract Act of 1965 (41 U.S.C. 353(d)), FPS
may enter into contracts and other agreements with private entities for
periods of not to exceed 3 years and 7 additional option years for the
confinement of Federal prisoners.
In addition, $26,499,000, for such purposes, to remain available
until expended, to be derived from the Violent Crime Reduction Trust
Fund.
For planning, acquisition of sites and construction of new
facilities; leasing the Oklahoma City Airport Trust Facility; purchase
and acquisition of facilities and remodeling, and equipping of such
facilities for penal and correctional use, including all necessary
expenses incident thereto, by contract or force account; and
constructing, remodeling, and equipping necessary buildings and
facilities at existing penal and correctional institutions, including
all necessary expenses incident thereto, by contract or force account,
$410,997,000, to remain available until expended, of which not to exceed
$14,074,000 shall be available to construct areas for inmate work
programs: Provided, That labor of United States prisoners may be used
for work performed under this appropriation: Provided further, That not
to exceed 10 percent of the funds appropriated to ``Buildings and
Facilities'' in this Act or any other Act may be transferred to
``Salaries and Expenses'', Federal Prison System, upon notification by
the Attorney General to the Committees on Appropriations of the House of
Representatives and the Senate in compliance with provisions set forth
in section 605 of this Act.
The Federal Prison Industries, Incorporated, is hereby authorized to
make such expenditures, within the limits of funds and
[[Page 112 STAT. 2681-61]]
borrowing authority available, and in accord with the law, and to make
such contracts and commitments, without regard to fiscal year
limitations as provided by section 9104 of title 31, United States Code,
as may be necessary in carrying out the program set forth in the budget
for the current fiscal year for such corporation, including purchase of
(not to exceed five for replacement only) and hire of passenger motor
vehicles.
Not to exceed $3,266,000 of the funds of the corporation shall be
available for its administrative expenses, and for services as
authorized by 5 U.S.C. 3109, to be computed on an accrual basis to be
determined in accordance with the corporation's current prescribed
accounting system, and such amounts shall be exclusive of depreciation,
payment of claims, and expenditures which the said accounting system
requires to be capitalized or charged to cost of commodities acquired or
produced, including selling and shipping expenses, and expenses in
connection with acquisition, construction, operation, maintenance,
improvement, protection, or disposition of facilities and other property
belonging to the corporation or in which it has an interest.
Office of Justice Programs
justice assistance
For grants, contracts, cooperative agreements, and other assistance
authorized by title I of the Omnibus Crime Control and Safe Streets Act
of 1968, as amended, and the Missing Children's Assistance Act, as
amended, including salaries and expenses in connection therewith, and
with the Victims of Crime Act of 1984, as amended, $147,151,000, to
remain available until expended, as authorized by section 1001 of title
I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended
by Public Law 102-534 (106 Stat. 3524).
state and local law enforcement assistance
For grants, contracts, cooperative agreements, and other assistance
authorized by part E of title I of the Omnibus Crime Control and Safe
Streets Act of 1968, as amended, for State and Local Narcotics Control
and Justice Assistance Improvements, notwithstanding the provisions of
section 511 of said Act, $552,000,000, to remain available until
expended, as authorized by section 1001 of title I of said Act, as
amended by Public Law 102-534 (106 Stat. 3524), of which $47,000,000
shall be available to carry out the provisions of chapter A of subpart 2
of part E of title I of said Act, for discretionary grants under the
Edward Byrne Memorial State and Local Law Enforcement Assistance
Programs.
violent crime reduction programs, state and local law enforcement
assistance
For assistance (including amounts for administrative costs for
management and administration, which amounts shall be transferred to and
merged with the ``Justice Assistance'' account)
[[Page 112 STAT. 2681-62]]
authorized by the Violent Crime Control and Law Enforcement Act of 1994
(Public Law 103-322), as amended (``the 1994 Act''); the Omnibus Crime
Control and Safe Streets Act of 1968, as amended (``the 1968 Act''); and
the Victims of Child Abuse Act of 1990, as amended (``the 1990 Act''),
$2,369,950,000, to remain available until expended, which shall be
derived from the Violent Crime Reduction Trust Fund; of which
$523,000,000 shall be for Local Law Enforcement Block Grants, pursuant
to H.R. 728 as passed by the House of Representatives on February 14,
1995, except that for purposes of this Act, the Commonwealth of Puerto
Rico shall be considered a ``unit of local government'' as well as a
``State'', for the purposes set forth in paragraphs (A), (B), (D), (F),
and (I) of section 101(a)(2) of H.R. 728 and for establishing crime
prevention programs involving cooperation between community residents
and law enforcement personnel in order to control, detect, or
investigate crime or the prosecution of criminals: Provided, That no
funds provided under this heading may be used as matching funds for any
other Federal grant program: Provided further, That $40,000,000 of this
amount shall be for Boys and Girls Clubs in public housing facilities
and other areas in cooperation with State and local law enforcement:
Provided further, That funds may also be used to defray the costs of
indemnification insurance for law enforcement officers: Provided
further, That, hereafter, for the purpose of eligibility for the Local
Law Enforcement Block Grant Program in the State of Louisiana, parish
sheriffs are to be considered the unit of local government at the parish
level under section 108 of H.R. 728: Provided further, That $20,000,000
shall be available to carry out section 102(2) of H.R. 728; of which
$45,000,000 shall be for grants to upgrade criminal records, as
authorized by section 106(b) of the Brady Handgun Violence Prevention
Act of 1993, as amended, and section 4(b) of the National Child
Protection Act of 1993; of which $420,000,000 shall be for the State
Criminal Alien Assistance Program, as authorized by section 242(j) of
the Immigration and Nationality Act, as amended; of which $720,500,000
shall be for Violent Offender Incarceration and Truth in Sentencing
Incentive Grants pursuant to subtitle A of title II of the 1994 Act, of
which $165,000,000 shall be available for payments to States for
incarceration of criminal aliens, of which $25,000,000 shall be
available for the Cooperative Agreement Program, and of which
$34,000,000 shall be reserved by the Attorney General for fiscal year
1999 under section 20109(a) of subtitle A of title II of the 1994 Act;
of which $9,000,000 shall be for the Court Appointed Special Advocate
Program, as authorized by section 218 of the 1990 Act; of which
$2,000,000 shall be for Child Abuse Training Programs for Judicial
Personnel and Practitioners, as authorized by section 224 of the 1990
Act; of which $206,750,000 shall be for Grants to Combat Violence
Against Women, to States, units of local government, and Indian tribal
governments, as authorized by section 1001(a)(18) of the 1968 Act,
including $23,000,000 which shall be used exclusively for the purpose of
strengthening civil legal assistance programs for victims of domestic
violence, and $10,000,000 which shall be used exclusively for violence
on college campuses: Provided further, That, of these funds, $5,200,000
shall be provided to the National Institute of Justice for research and
evaluation of violence against women, $1,196,000 shall be provided to
the Office of the United States Attorney for the District of Columbia
for domestic violence programs in D.C. Superior Court,
[[Page 112 STAT. 2681-63]]
and $10,000,000 shall be available to the Office of Juvenile Justice and
Delinquency Prevention for the Safe Start Program, to be administered as
authorized by part C of the Juvenile Justice and Delinquency Act of
1974, as amended; of which $34,000,000 shall be for Grants to Encourage
Arrest Policies to States, units of local government, and Indian tribal
governments, as authorized by section 1001(a)(19) of the 1968 Act; of
which $25,000,000 shall be for Rural Domestic Violence and Child Abuse
Enforcement Assistance Grants, as authorized by section 40295 of the
1994 Act; of which $5,000,000 shall be for training programs to assist
probation and parole officers who work with released sex offenders, as
authorized by section 40152(c) of the 1994 Act, and for local
demonstration projects; of which $1,000,000
shall be for grants for televised testimony, as authorized by section
1001(a)(7) of the 1968 Act; of which $5,000,000 shall be for the Tribal
Courts Initiative; of which $63,000,000 shall be for grants for
residential substance abuse treatment for State prisoners, as authorized
by section 1001(a)(17) of the 1968 Act; of which $15,000,000 shall be
for grants to States and units of local government for projects to
improve DNA analysis, as authorized by section 1001(a)(22) of the 1968
Act; of which $900,000 shall be for the Missing Alzheimer's Disease
Patient Alert Program, as authorized by section 240001(c) of the 1994
Act; of which $1,300,000 shall be for Motor Vehicle Theft Prevention
Programs, as authorized by section 220002(h) of the 1994 Act; of which
$40,000,000 shall be for Drug Courts, as authorized by title V of the
1994 Act; of which $1,500,000 shall be for Law Enforcement Family
Support Programs, as authorized by section 1001(a)(21) of the 1968 Act;
of which $2,000,000 shall be for public awareness programs addressing
marketing scams aimed at senior citizens, as authorized by section
250005(3) of the 1994 Act; and of which $250,000,000 shall be for
Juvenile Accountability Incentive Block Grants, except that such funds
shall be subject to the same terms and conditions as set forth in the
provisions under this heading for this program in Public Law 105-119,
but all references in such provisions to 1998 shall be deemed to refer
instead to 1999: Provided further, That funds made available in fiscal
year 1999 under subpart 1 of part E of title I of the 1968 Act may be
obligated for programs to assist States in the litigation processing of
death penalty Federal habeas corpus petitions and for drug testing
initiatives: Provided further, That, if a unit of local government uses
any of the funds made available under this title to increase the number
of law enforcement officers, the unit of local government will achieve a
net gain in the number of law enforcement officers who perform
nonadministrative public safety service.
For necessary expenses, including salaries and related expenses of
the Executive Office for Weed and Seed, to implement ``Weed and Seed''
program activities, $33,500,000 to remain available until expended, for
intergovernmental agreements, including grants, cooperative agreements,
and contracts, with State and local law enforcement agencies engaged in
the investigation and prosecution of violent crimes and drug offenses in
``Weed and Seed'' designated communities, and for either reimbursements
or transfers to appropriation accounts of the Department of Justice and
other Federal agencies which shall be specified by the Attorney General
to execute the ``Weed and Seed'' program strategy: Provided, That funds
des-
[[Page 112 STAT. 2681-64]]
ignated by Congress through language for other Department of Justice
appropriation accounts for ``Weed and Seed'' program activities shall be
managed and executed by the Attorney General through the Executive
Office for Weed and Seed: Provided further, That the Attorney General
may direct the use of other Department of Justice funds and personnel in
support of ``Weed and Seed'' program activities only after the Attorney
General notifies the Committees on Appropriations of the House of
Representatives and the Senate in accordance with section 605 of this
Act.
Community Oriented Policing Services
For activities authorized by the Violent Crime Control and Law
Enforcement Act of 1994, Public Law 103-322 (``the 1994 Act'')
(including administrative costs), $1,400,000,000, to remain available
until expended, which shall be derived from the Violent Crime Reduction
Trust Fund, for Public Safety and Community Policing Grants pursuant to
title I of the 1994 Act: Provided, That not to exceed 266 permanent
positions and 266 full-time equivalent workyears and $32,023,000 shall
be expended for program management and administration: Provided further,
That of the funds made available under this heading and the unobligated
balances available in this program, $180,000,000 shall be used for
innovative community policing programs, of which $80,000,000 shall be
used for a law enforcement technology program, $35,000,000 shall be used
for policing initiatives to combat methamphetamine production and
trafficking and to enhance policing initiatives in drug ``hot spots'',
$17,500,000 shall be used for programs to combat violence in schools,
$25,000,000 shall be used for the Matching Grant Program for Law
Enforcement Armor Vests pursuant to section 2501 of part Y of the
Omnibus Crime Control and Safe Streets Act of 1968, as amended,
$5,000,000 shall be used for additional community law enforcement
officers and related program support for the District of Columbia
Offender Supervision, Defender, and Court Services Agency, $12,500,000
shall be used for the Community Policing to Combat Domestic Violence
Program pursuant to section 1701(d) of part Q of the Omnibus Crime
Control and Safe Streets Act of 1968, as amended, and $5,000,000 shall
be used for Community Prosecutors programs: Provided further, That up to
$35,000,000 shall be available to improve tribal law enforcement
including equipment and training.
In addition, for programs of Police Corps education, training, and
service as set forth in sections 200101-200113 of the 1994 Act,
$30,000,000, to remain available until expended, which shall be derived
from the Violent Crime Reduction Trust Fund.
For grants, contracts, cooperative agreements, and other assistance
authorized by the Juvenile Justice and Delinquency Prevention Act of
1974, as amended, (``the Act''), including salaries and expenses in
connection therewith to be transferred to and merged with the
appropriations for Justice Assistance, $267,597,000, to remain available
until expended, as authorized by section 299 of part I of title II and
section 506 of title V of the Act, as amended by Public Law 102-586, of
which (1) notwithstanding any other
[[Page 112 STAT. 2681-65]]
provision of law, $6,847,000 shall be available for expenses authorized
by part A of title II of the Act, $89,000,000 shall be available for
expenses authorized by part B of title II of the Act, and $42,750,000
shall be available for expenses authorized by part C of title II of the
Act: Provided, That $26,500,000 of the amounts provided for part B of
title II of the Act, as amended, is for the purpose of providing
additional formula grants under part B to States that provide assurances
to the Administrator that the State has in effect (or will have in
effect no later than one year after date of application) policies and
programs, that ensure that juveniles are subject to accountability-based
sanctions for every act for which they are adjudicated delinquent; (2)
$12,000,000 shall be
available for expenses authorized by sections 281 and 282 of part D of
title II of the Act for prevention and treatment programs relating to
juvenile gangs; (3) $10,000,000 shall be available for expenses
authorized by section 285 of part E of title II of the Act; (4)
$12,000,000 shall be available for expenses authorized by part G of
title II of the Act for juvenile mentoring programs; and (5) $95,000,000
shall be available for expenses authorized by title V of the Act for
incentive grants for local delinquency prevention programs; of which
$10,000,000 shall be for delinquency prevention, control, and system
improvement programs for tribal youth; of which $25,000,000 shall be
available for grants of $360,000 to each state and $6,640,000 shall be
available for discretionary grants to states, for programs and
activities to enforce state laws prohibiting the sale of alcoholic
beverages to minors or the purchase or consumption of alcoholic
beverages by minors, prevention and reduction of consumption of
alcoholic beverages by minors, and for technical assistance and
training: Provided further, That upon the enactment of reauthorization
legislation for Juvenile Justice Programs under the Juvenile Justice and
Delinquency Prevention Act of 1974, as amended, funding provisions in
this Act shall from that date be subject to the provisions of that
legislation and any provisions in this Act that are inconsistent with
that legislation shall no longer have effect: Provided further, That of
amounts made available under the Juvenile Justice Programs of the Office
of Justice Programs to carry out part B (relating to Federal Assistance
for State and Local Programs), subpart II of part C (relating to Special
Emphasis Prevention and Treatment Programs), part D (relating to Gang-
Free Schools and Communities and Community-Based Gang Intervention),
part E (relating to State Challenge Activities), and part G (relating to
Mentoring) of title II of the Juvenile Justice and Delinquency
Prevention Act of 1974, and to carry out the At-Risk Children's Program
under title V of that Act, not more than 10 percent of each such amount
may be used for research, evaluation, and statistics activities designed
to benefit the programs or activities authorized under the appropriate
part or title, and not more than 2 percent of each such amount may be
used for training and technical assistance activities designed to
benefit the programs or activities authorized under that part or title.
In addition, for grants, contracts, cooperative agreements, and
other assistance, $10,000,000 to remain available until expended, for
developing, testing, and demonstrating programs designed to reduce drug
use among juveniles.
In addition, for grants, contracts, cooperative agreements, and
other assistance authorized by the Victims of Child Abuse Act
[[Page 112 STAT. 2681-66]]
of 1990, as amended, $7,000,000, to remain available until expended, as
authorized by section 214B of the Act.
To remain available until expended, for payments authorized by part
L of title I of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3796), as amended, such sums as are necessary, as authorized
by section 6093 of Public Law 100-690 (102 Stat. 4339-4340).
General Provisions--Department of Justice
Sec. 101. In addition to amounts otherwise made available in this
title for official reception and representation expenses, a total of not
to exceed $45,000 from funds appropriated to the Department of Justice
in this title shall be available to the Attorney General for official
reception and representation expenses in accordance with distributions,
procedures, and regulations established by the Attorney General.
Sec. 102. Authorities contained in the Department of Justice
Appropriation Authorization Act, Fiscal Year 1980 (Public Law 96-132; 93
Stat. 1040 (1979)), as amended, shall remain in effect until the
termination date of this Act or until the effective date of a Department
of Justice Appropriation Authorization Act, whichever is earlier.
Sec. 103. None of the funds appropriated by this title shall be
available to pay for an abortion, except where the life of the mother
would be endangered if the fetus were carried to term, or in the case of
rape: Provided, That should this prohibition be declared
unconstitutional by a court of competent jurisdiction, this section
shall be null and void.
Sec. 104. None of the funds appropriated under this title shall be
used to require any person to perform, or facilitate in any way the
performance of, any abortion.
Sec. 105. Nothing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to provide escort
services necessary for a female inmate to receive such service outside
the Federal facility: Provided, That nothing in this section in any way
diminishes the effect of section 104 intended to address the
philosophical beliefs of individual employees of the Bureau of Prisons.
<<NOTE: 18 USC 3059 note.>> Sec. 106. Notwithstanding any other
provision of law, not to exceed $10,000,000 of the funds made available
in this Act may be used to establish and publicize a program under which
publicly advertised, extraordinary rewards may be paid, which shall not
be subject to spending limitations contained in sections 3059 and 3072
of title 18, United States Code: Provided, That any reward of $100,000
or more, up to a maximum of $2,000,000, may not be made without the
personal approval of the President or the Attorney General and such
approval may not be delegated.
Sec. 107. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Justice in
this Act, including those derived from the Violent Crime Reduction Trust
Fund, may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided, That
any transfer pursuant to this section shall be treated
[[Page 112 STAT. 2681-67]]
as a reprogramming of funds under section 605 of this Act and shall not
be available for obligation except in compliance with the procedures set
forth in that section.
<<NOTE: 18 USC 4043 note.>> Sec. 108. For fiscal year 1999 and
thereafter, the Director of the Bureau of Prisons may make expenditures
out of the Commissary Fund of the Federal Prison System, regardless of
whether any such expenditure is security-related, for programs, goods,
and services for the benefit of inmates (to the extent the provision of
those programs, goods, or services to inmates is not otherwise
prohibited by law), including--
(1) the installation, operation, and maintenance of the
Inmate Telephone System;
(2) the payment of all the equipment purchased or leased in
connection with the Inmate Telephone System; and
(3) the salaries, benefits, and other expenses of personnel
who install, operate, and maintain the Inmate Telephone System.
Sec. 109. (a) Section 3201 of the Crime Control Act of 1990 (28
U.S.C. 509 note) is amended to read as follows--
``Appropriations in this or any other Act hereafter for the Federal
Bureau of Investigation, the Drug Enforcement Administration, or the
Immigration and Naturalization Service are available, in an amount of
not to exceed $25,000 each per fiscal year, to pay humanitarian expenses
incurred by or for any employee thereof (or any member of the employee's
immediate family) that results from or is incident to serious illness,
serious injury, or death occurring to the employee while on official
duty or business.''.
(b) The Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 is amended by striking section 626 (8 U.S.C. 1363b).
Sec. 110. Any amounts credited to the ``Legalization Account''
established under section 245(c)(7)(B) of the Immigration and
Nationality Act (8 U.S.C. 1255a(c)(7)(B)) are transferred to the
``Examinations Fee Account'' established under section 286(m) of that
Act (8 U.S.C. 1356(m)).
Sec. 111. The Director of the Bureau of Prisons shall conduct a
study, not later than 270 days after the date of the enactment of this
Act, of private prisons that evaluates the growth and development of the
private prison industry during the past 15 years, training
qualifications of personnel at private prisons, and the security
procedures of such facilities, and compares the general standards and
conditions between private prisons and Federal prisons. The results of
such study shall be submitted to the Committees on the Judiciary and
Appropriations of the House of Representatives and the Senate.
Sec. 112. Notwithstanding any other provision of law, during fiscal
year 1999, the Assistant Attorney General for the Office of Justice
Programs of the Department of Justice--
(1) may make grants, or enter into cooperative agreements
and contracts, for the Office of Justice Programs and the
component organizations of that Office; and
(2) shall have final authority over all grants, cooperative
agreements, and contracts made, or entered into, for the Office
of Justice Programs and the component organizations of that
Office.
Sec. 113. Notwithstanding any other provision of law, with respect
to any grant program for which amounts are made available under this
title, the term ``tribal'' means of or relating to an Indian
[[Page 112 STAT. 2681-68]]
tribe (as that term is defined in section 102(2) of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a(2))).
Sec. 114. Section 286(e)(1)(C) of the Immigration and Nationality
Act (8 U.S.C. 1356(e)(1)(C)) is amended by inserting ``State'' and a
comma immediately before ``territory''.
Sec. 115. (a)(1) Notwithstanding any other provision of law, for
fiscal year 1999, the Attorney General may obligate any funds
appropriated for or reimbursed to the Counterterrorism programs,
projects or activities of the Department of Justice to purchase or lease
equipment or any related items, or to acquire interim services, without
regard to any otherwise applicable Federal acquisition rule, if the
Attorney General determines that--
(A) there is an exigent need for the equipment, related
items, or services in order to support an ongoing
counterterrorism, national security, or computer-crime
investigation or prosecution;
(B) the equipment, related items, or services required are
not available within the Department of Justice; and
(C) adherence to that Federal acquisition rule would--
(i) delay the timely acquisition of the equipment,
related items, or services; and
(ii) adversely affect an ongoing counterterrorism,
national security, or computer-crime investigation or
prosecution.
(2) In this subsection, the term ``Federal acquisition rule'' means
any provision of title II or IX of the Federal Property and
Administrative Services Act of 1949, the Office of Federal Procurement
Policy Act, the Small Business Act, the Federal Acquisition Regulation,
or any other provision of law or regulation that establishes policies,
procedures, requirements, conditions, or restrictions for procurements
by the head of a department or agency or the Federal Government.
(b) The Attorney General shall immediately notify the Committees on
Appropriations of the House of Representatives and the Senate in writing
of each expenditure under subsection (a), which notification shall
include sufficient information to explain the circumstances
necessitating the exercise of the authority under that subsection.
Sec. 116. Section 110(a) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1221 note) is amended--
(1) in the matter preceding paragraph (1), by striking
``later than'' and all that follows through ``Attorney'' and
inserting ``later than October 15, 1998 (and not later than
March 30, 2001, in the case of land border ports of entry and
sea ports), the Attorney'';
(2) in paragraph (1), by striking ``and'' at the end;
(3) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(3) not significantly disrupt trade, tourism, or other
legitimate cross-border traffic at land border ports of
entry.''.
Sec. 117. Section 402 of the Controlled Substances Act (21 U.S.C.
842) is amended--
(1) in subsection (a)(5), by inserting ``negligently''
before ``fail'';
[[Page 112 STAT. 2681-69]]
(2) in subsection (a)(10), by inserting ``negligently''
before ``to fail''; and
(3) in subsection (c)(1)--
(A) by inserting ``(A)'' after ``(1)'';
(B) by inserting ``subparagraph (B) of this
paragraph and'' before ``paragraph (2)''; and
(C) by adding at the end the following:
``(B) In the case of a violation of paragraph (5) or (10) of
subsection (a), the civil penalty shall not exceed $10,000.''.
Sec. 118. The General Accounting Office shall--
(1) monitor the compliance of the Department of Justice and
all United States Attorneys with the ``Guidance on the Use of
the False Claims Act in Civil Health Care Matters'' issued by
the Department of Justice on June 3, 1998, including any
revisions to that guidance; and
(2) not later than February 1, 1999, and again not later
than August 2, 1999, submit a report on such compliance to the
Committees on the Judiciary and the Committees on Appropriations
of the Senate and the House of Representatives.
Sec. 119. Firearms Safety. (a) Secure Gun Storage Device.--Section
921(a) of title 18, United States Code, is amended by adding at the end
the following:
``(34) The term `secure gun storage or safety device' means--
``(A) a device that, when installed on a firearm, is
designed to prevent the firearm from being operated without
first deactivating the device;
``(B) a device incorporated into the design of the firearm
that is designed to prevent the operation of the firearm by
anyone not having access to the device; or
``(C) a safe, gun safe, gun case, lock box, or other device
that is designed to be or can be used to store a firearm and
that is designed to be unlocked only by means of a key, a
combination, or other similar means.''.
(b) Certification Required in Application for Dealer's License.--
Section 923(d)(1) of title 18, United States Code, is amended--
(1) in subparagraph (E), by striking ``and'' at the end;
(2) in subparagraph (F), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(G) in the case of an application to be licensed as a
dealer, the applicant certifies 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
(subject to the exception that in any case in which a secure gun
storage or safety device is temporarily unavailable because of
theft, casualty loss, consumer sales, backorders from a
manufacturer, or any other similar reason beyond the control of
the licensee, the dealer shall not be considered to be in
violation of the requirement under this subparagraph to make
available such a device).''.
(c) Revocation of Dealer's License for Failure To Have Secure Gun
Storage or Safety Devices Available.--The first sentence of section
923(e) of title 18, United States Code, is amended by inserting before
the period at the end the following: ``or fails to have secure gun
storage or safety devices available at any place in which firearms are
sold under the license to persons who are
[[Page 112 STAT. 2681-70]]
not licensees (except that in any case in which a secure gun storage or
safety device is temporarily unavailable because of theft, casualty
loss, consumer sales, backorders from a manufacturer, or any other
similar reason beyond the control of the licensee, the dealer shall not
be considered to be in violation of the requirement to make available
such a device)''.
(d) Statutory Construction; Evidence.--
<<NOTE: 18 USC 923 note.>> (1) Statutory construction.--
Nothing in the amendments made by this section shall be
construed--
(A) as creating a cause of action against any
firearms dealer or any other person for any civil
liability; or
(B) as establishing any standard of care.
(2) Evidence.--Notwithstanding any other provision of law,
evidence regarding compliance or noncompliance with the
amendments made by this section shall not be admissible as
evidence in any proceeding of any court, agency, board, or other
entity.
<<NOTE: 18 USC 921 note.>> (e) Effective Date.--The amendments made
by this section shall take effect 180 days after the date of enactment
of this Act.
Sec. 120. Firearm Safety Education Grants. (a) In General.--Section
510 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3760) is amended--
(1) in subsection (a), by striking paragraph (1) and
inserting the following:
``(1) undertaking educational and training programs for--
``(A) criminal justice personnel; and
``(B) the general public, with respect to the lawful
and safe ownership, storage, carriage, or use of
firearms, including the provision of secure gun storage
or safety devices;'';
(2) in the first sentence of subsection (b), by inserting
before the period the following: ``and is authorized to make
grants to, or enter into contracts with, those persons and
entities to carry out the purposes specified in subsection
(a)(1)(B) in accordance with subsection (c)''; and
(3) by adding at the end the following:
``(c)(1) In accordance with this subsection, the Director may make a
grant to, or enter into a contract with, any person or entity referred
to in subsection (b) to provide for a firearm safety program that, in a
manner consistent with subsection (a)(1)(B), provides for general public
training and dissemination of information concerning firearm safety,
secure gun storage, and the lawful ownership, carriage, or use of
firearms, including the provision of secure gun storage or safety
devices.
``(2) Funds made available under a grant under paragraph (1) may not
be used (either directly or by supplanting non-Federal funds) for
advocating or promoting gun control, including making communications
that are intended to directly or indirectly affect the passage of
Federal, State, or local legislation intended to restrict or control the
purchase or use of firearms.
``(3) Except as provided in paragraph (4), each firearm safety
program that receives funding under this subsection shall provide for
evaluations that shall be developed pursuant to guidelines that the
Director of the National Institute of Justice of the Department of
Justice, in consultation with the Director of the Bureau of Justice
[[Page 112 STAT. 2681-71]]
Assistance and recognized private entities that have expertise in
firearms safety, education and training, shall establish.
``(4) With respect to a firearm safety program that receives funding
under this section, the Director may waive the evaluation requirement
described in paragraph (3) if the Director determines that the program--
``(A) is not of a sufficient size to justify an evaluation;
or
``(B) is designed primarily to provide material resources
and supplies, and that activity would not justify an
evaluation.''.
<<NOTE: 42 USC 3760 note.>> (b) Effective Date.--The amendments
made by this section shall take effect on the earlier of--
(1) October 1, 1998; or
(2) the date of enactment of this Act.
Sec. 121. Section 922 of title 18, United States Code, is amended--
(1) in subsection (d), by striking paragraph (5) and
inserting the following:
``(5) who, being an alien--
``(A) is illegally or unlawfully in the United
States; or
``(B) except as provided in subsection (y)(2), has
been admitted to the United States under a nonimmigrant
visa (as that term is defined in section 101(a)(26) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(26)));'';
(2) in subsection (g), by striking paragraph (5) and
inserting the following:
``(5) who, being an alien--
``(A) is illegally or unlawfully in the United
States; or
``(B) except as provided in subsection (y)(2), has
been admitted to the United States under a nonimmigrant
visa (as that term is defined in section 101(a)(26) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(26)));'';
(3) in subsection (s)(3)(B), by striking clause (v) and
inserting the following:
``(v) is not an alien who--
``(I) is illegally or unlawfully in
the United States; or
``(II) subject to subsection (y)(2),
has been admitted to the United States
under a nonimmigrant visa (as that term
is defined in section 101(a)(26) of the
Immigration and Nationality Act (8
U.S.C. 1101(a)(26)));''; and
(4) by inserting after subsection (x) the following:
``(y) Provisions Relating to Aliens Admitted Under Nonimmigrant
Visas.--
``(1) Definitions.--In this subsection--
``(A) the term `alien' has the same meaning as in
section 101(a)(3) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(3)); and
``(B) the term `nonimmigrant visa' has the same
meaning as in section 101(a)(26) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(26)).
[[Page 112 STAT. 2681-72]]
``(2) Exceptions.--Subsections (d)(5)(B), (g)(5)(B), and
(s)(3)(B)(v)(II) do not apply to any alien who has been lawfully
admitted to the United States under a nonimmigrant visa, if that
alien is--
``(A) admitted to the United States for lawful
hunting or sporting purposes or is in possession of a
hunting license or permit lawfully issued in the United
States;
``(B) an official representative of a foreign
government who is--
``(i) accredited to the United States
Government or the Government's mission to an
international organization having its headquarters
in the United States; or
``(ii) en route to or from another country to
which that alien is accredited;
``(C) an official of a foreign government or a
distinguished foreign visitor who has been so designated
by the Department of State; or
``(D) a foreign law enforcement officer of a
friendly foreign government entering the United States
on official law enforcement business.
``(3) Waiver.--
``(A) Conditions for waiver.--Any individual who has
been admitted to the United States under a nonimmigrant
visa may receive a waiver from the requirements of
subsection (g)(5), if--
``(i) the individual submits to the Attorney
General a petition that meets the requirements of
subparagraph (C); and
``(ii) the Attorney General approves the
petition.
``(B) Petition.--Each petition under subparagraph
(B) shall--
``(i) demonstrate that the petitioner has
resided in the United States for a continuous
period of not less than 180 days before the date
on which the petition is submitted under this
paragraph; and
``(ii) include a written statement from the
embassy or consulate of the petitioner,
authorizing the petitioner to acquire a firearm or
ammunition and certifying that the alien would
not, absent the application of subsection
(g)(5)(B), otherwise be prohibited from such
acquisition under subsection (g).
``(C) Approval of petition.--The Attorney General
shall approve a petition submitted in accordance with
this paragraph, if the Attorney General determines that
waiving the requirements of subsection (g)(5)(B) with
respect to the petitioner--
``(i) would be in the interests of justice;
and
``(ii) would not jeopardize the public
safety.''.
Sec. 122. Section 3486(a)(1) of title 18, United States Code, is
amended by inserting ``or any act or activity involving a Federal
offense relating to the sexual exploitation or other abuse of
children,'' after ``health care offense,''.
Sec. 123. Section 170102 of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14072) is amended--
(1) in subsection (a)(2), by striking ``or'';
[[Page 112 STAT. 2681-73]]
(2) in subsection (g)(3), by striking ``minimally
sufficient'' and inserting ``State sexual offender''; and
(3) by amending subsection (i) to read as follows:
``(i) Penalty.--A person who is--
``(1) required to register under paragraph (1), (2), or (3)
of subsection (g) of this section and knowingly fails to comply
with this section;
``(2) required to register under a sexual offender
registration program in the person's State of residence and
knowingly fails to register in any other State in which the
person is employed, carries on a vocation, or is a student;
``(3) described in section 4042(c)(4) of title 18, United
States Code, and knowingly fails to register in any State in
which the person resides, is employed, carries on a vocation, or
is a student following release from prison or sentencing to
probation; or
``(4) sentenced by a court martial for conduct in a category
specified by the Secretary of Defense under section 115(a)(8)(C)
of title I of Public Law 105-119, and knowingly fails to
register in any State in which the person resides, is employed,
carries on a vocation, or is a student following release from
prison or sentencing to probation, shall, in the case of a first
offense under this subsection, be imprisoned for not more than 1
year and, in the case of a second or subsequent offense under
this subsection, be imprisoned for not more than 10 years.''.
<<NOTE: 28 USC 534 note.>> Sec. 124. (a)(1) A nursing facility or
home health care agency may submit a request to the Attorney General to
conduct a search and exchange of records described in subsection (b)
regarding an applicant for employment if the employment position is
involved in direct patient care.
(2) A nursing facility or home health care agency requesting a
search and exchange of records under this section shall submit to the
Attorney General through the appropriate State agency or agency
designated by the Attorney General a copy of an employment applicant's
fingerprints, a statement signed by the applicant authorizing the
nursing facility or home health care agency to request the search and
exchange of records, and any other identification information not more
than 7 days (excluding Saturdays, Sundays, and legal public holidays
under section 6103(a) of title 5, United States Code) after acquiring
the fingerprints, signed statement, and information.
(b) Pursuant to any submission that complies with the requirements
of subsection (a), the Attorney General shall search the records of the
Criminal Justice Information Services Division of the Federal Bureau of
Investigation for any criminal history records corresponding to the
fingerprints or other identification information submitted. The Attorney
General shall provide any corresponding information resulting from the
search to the appropriate State agency or agency designated by the
Attorney General to receive such information.
(c) Information regarding an applicant for employment in a nursing
facility or home health care agency obtained pursuant to this section
may be used only by the facility or agency requesting the information
and only for the purpose of determining the suitability of the applicant
for employment by the facility or agency in a position involved in
direct patient care.
[[Page 112 STAT. 2681-74]]
(d) The Attorney General may charge a reasonable fee, not to exceed
$50 per request, to any nursing facility or home health care agency
requesting a search and exchange of records pursuant to this section.
(e) Not later than 2 years after the date of enactment of this Act,
the Attorney General shall submit a report to Congress on the number of
requests for searches and exchanges of records made under this section
by nursing facilities and home health care agencies and the disposition
of such requests.
(f) Whoever knowingly uses any information obtained pursuant to this
section for a purpose other than as authorized under subsection (c)
shall be fined in accordance with title 18, United States Code,
imprisoned for not more than 2 years, or both.
(g) A nursing facility or home health care agency that, in denying
employment for an applicant, reasonably relies upon information provided
by the Attorney General pursuant to this section shall not be liable in
any action brought by the applicant based on the employment
determination resulting from the incompleteness or inaccuracy of the
information.
(h) The Attorney General may promulgate such regulations as are
necessary to carry out this section, including regulations regarding the
security, confidentiality, accuracy, use, destruction, and dissemination
of information, audits and recordkeeping, the imposition of fees, and
any necessary modifications to the definitions contained in subsection
(i).
(i) In this section:
(1) The term ``home health care agency'' means an agency
that provides home health care or personal care services on a
visiting basis in a place of residence.
(2) The term ``nursing facility'' means a facility or
institution (or a distinct part of an institution) that is
primarily engaged in providing to residents of the facility or
institution nursing care, including skilled nursing care, and
related services for individuals who require medical or nursing
care.
(j) This section shall apply without fiscal year limitation.
<<NOTE: 5 USC 5724a note.>> Sec. 125. Effective with the enactment
of this Act, and in any fiscal year hereafter, the Attorney General and
the Secretary of the Treasury may, for their respective agencies, extend
the payment of relocation expenses listed in section 5724a(b)(1) of
Title 5 of the United States Code to include the Commonwealth of Puerto
Rico, the Commonwealth of the Northern Mariana Islands, and the
territories and possessions of the United States.
Sec. 126. Notwithstanding any other provision of this Act, the total
of the amounts appropriated under this title of this Act is reduced by
$20,038,000, out of which the reductions for each account shall be made
in accordance with the chart on Year 2000 funding dated September 17,
1998, provided to Congress by the Department of Justice.
Sec. 127. Notwithstanding any other provision of law, in any action
brought by a prisoner under section 1979 of the Revised Statutes (42
U.S.C. 1983) against a Federal, State, or local jail, prison, or
correctional facility, or any employee or former employee thereof,
arising out of the incarceration of that prisoner--
(1) the financial records of a person employed or formerly
employed by the Federal, State, or local jail, prison, or
correctional facility, shall not be subject to disclosure
without the written consent of that person or pursuant to a
court order,
[[Page 112 STAT. 2681-75]]
unless a verdict of liability has been entered against that
person; and
(2) the home address, home phone number, social security
number, identity of family members, personal tax returns, and
personal banking information of a person described in paragraph
(1), and any other records or information of a similar nature
relating to that person, shall not be subject to disclosure
without the written consent of that person, or pursuant to a
court order.
Sec. 128. (a) The numerical limitation set forth in section 209(b)
of the Immigration and Nationality Act (8 U.S.C. 1159(b)) shall not
apply to any alien described in subsection (b).
(b) An alien described in subsection (a) is an alien who was a
United States Government employee, employee of a nongovernmental
organization based in the United States, or other Iraqi national who was
moved to Guam by the United States Government in 1996 or 1997 pursuant
to an arrangement made by the United States Government, and who was
granted asylum in the United States under section 208(a) of the
Immigration and Nationality Act (8 U.S.C. 1158(a)).
Sec. 129. (a) Amendments to Juvenile Justice and Delinquency
Prevention Act of 1974.--
(1) In general.--Section 103 of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5603) is amended--
(A) by striking paragraph (8) and inserting the
following:
``(8) the term `unit of local government' means--
``(A) any city, county, township, town, borough,
parish, village, or other general purpose political
subdivision of a State;
``(B) any law enforcement district or judicial
enforcement district that--
``(i) is established under applicable State
law; and
``(ii) has the authority to, in a manner
independent of other State entities, establish a
budget and raise revenues;
``(C) an Indian Tribe that performs law enforcement
functions, as determined by the Secretary of the
Interior; or
``(D) for the purposes of assistance eligibility,
any agency of the government of the District of Columbia
or the Federal Government that performs law enforcement
functions in and for--
``(i) the District of Columbia; or
``(ii) any Trust Territory of the United
States;''; and
(B) in paragraph (9), by striking ``units of general
local government'' and inserting ``units of local
government''.
(2) Conforming amendments.--
(A) Section 221(a) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5631(a))
is amended by striking ``units of general local
government'' each place that term appears and inserting
``units of local government''.
(B) Section 222(c) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5632(c))
is
[[Page 112 STAT. 2681-76]]
amended by striking ``units of general local
government'' each place that term appears and inserting
``units of local government''.
(C) Section 223(a) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a))
is amended--
(i) in paragraph (4)--
(I) by striking ``units of general
local government'' and inserting ``units
of local government''; and
(II) by striking ``local
governments'' and inserting ``units of
local government'';
(ii) in paragraph (5)--
(I) in subparagraph (A), by striking
``units of general local government''
and inserting ``units of local
government''; and
(II) in subparagraph (B), by
striking ``unit of general local
government'' and inserting ``unit of
local government'';
(iii) in paragraph (6), by striking ``unit of
general local government'' and inserting ``unit of
local government''; and
(iv) in paragraph (10), by striking ``unit of
general local government'' and inserting ``unit of
local government''.
(D) Section 244(5) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5654(5))
is amended by striking ``units of general local
government'' and inserting ``units of local
government''.
(E) Section 372(a)(3) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C.
5714b(a)(3)) is amended by striking ``unit of general
local government'' and inserting ``unit of local
government''.
(F) Section 505(a) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5784(a))
is amended by striking ``units of general local
government'' and inserting ``units of local
government''.
(b) Omnibus Crime Control and Safe Streets Act of 1968.--Section
901(3) of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3791(3)) is amended to read as follows:
``(3) `unit of local government' means--
``(A) any city, county, township, town, borough,
parish, village, or other general purpose political
subdivision of a State;
``(B) any law enforcement district or judicial
enforcement district that--
``(i) is established under applicable State
law; and
``(ii) has the authority to, in a manner
independent of other State entities, establish a
budget and impose taxes;
``(C) an Indian Tribe (as that term is defined in
section 103 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5603)) that performs
law enforcement functions, as determined by the
Secretary of the Interior; or
``(D) for the purposes of assistance eligibility,
any agency of the government of the District of Columbia
or
[[Page 112 STAT. 2681-77]]
the Federal Government that performs law enforcement
functions in and for--
``(i) the District of Columbia; or
``(ii) any Trust Territory of the United
States;''.
Sec. 130. 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 (FIRREA) and its implementation, such sums as may be necessary, to
remain available until expended: Provided, That the foregoing authority
is available solely for payment of judgments and compromise settlements:
Provided further, That payment of litigation expenses is available under
existing authority as set forth in the Memorandum of Understanding
between the Federal Deposit Insurance Corporation and the Department of
Justice, dated October 2, 1998, and may not be paid from amounts
provided in this Act.
This title may be cited as the ``Department of Justice
Appropriations Act, 1999''.
<<NOTE: Department of Commerce and Related Agencies Appropriations Act,
1999.>> TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES
Trade and Infrastructure Development
RELATED AGENCIES
Office of the United States Trade Representative
For necessary expenses of the Office of the United States Trade
Representative, including the hire of passenger motor vehicles and the
employment of experts and consultants as authorized by 5 U.S.C. 3109,
$24,200,000, of which $1,000,000 shall remain available until expended:
Provided, That not to exceed $98,000 shall be available for official
reception and representation expenses.
International Trade Commission
salaries and expenses
For necessary expenses of the International Trade Commission,
including hire of passenger motor vehicles, and services as authorized
by 5 U.S.C. 3109, and not to exceed $2,500 for official reception and
representation expenses, $44,495,000, to remain available until
expended.
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For necessary expenses for international trade activities of the
Department of Commerce provided for by law, and engaging in trade
promotional activities abroad, including expenses of grants and
cooperative agreements for the purpose of promoting exports of United
States firms, without regard to 44 U.S.C. 3702 and
[[Page 112 STAT. 2681-78]]
3703; full medical coverage for dependent members of immediate families
of employees stationed overseas and employees temporarily posted
overseas; travel and transportation of employees of the United States
and Foreign Commercial Service between two points abroad, without regard
to 49 U.S.C. 1517; employment of Americans and aliens by contract for
services; rental of space abroad for periods not exceeding ten years,
and expenses of alteration, repair, or improvement; purchase or
construction of temporary demountable exhibition structures for use
abroad; payment of tort claims, in the manner authorized in the first
paragraph of 28 U.S.C. 2672 when such claims arise in foreign countries;
not to exceed $327,000 for official representation expenses abroad;
purchase of passenger motor vehicles for official use abroad, not to
exceed $30,000 per vehicle; obtain insurance on official motor vehicles;
and rent tie lines and teletype equipment, $286,264,000, to remain
available until expended, of which $1,600,000 is to be derived from fees
to be retained and used by the International Trade Administration,
notwithstanding 31 U.S.C. 3302: Provided, That of the $302,757,000
provided for in direct obligations (of which $284,664,000 is
appropriated from the General Fund, $1,600,000 is derived from fee
collections, and $16,493,000 is derived from unobligated balances and
deobligations from prior years), $59,280,000 shall be for Trade
Development, $17,779,000 shall be for Market Access and Compliance,
$31,047,000 shall be for the Import Administration, $182,736,000 shall
be for the United States and Foreign Commercial Service, and $11,915,000
shall be for Executive Direction and Administration: Provided further,
That the provisions of the first sentence of section 105(f) and all of
section 108(c) of the Mutual Educational and Cultural Exchange Act of
1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these
activities without regard to section 5412 of the Omnibus Trade and
Competitiveness Act of 1988 (15 U.S.C. 4912); and that for the purpose
of this Act, contributions under the provisions of the Mutual
Educational and Cultural Exchange Act shall include payment for
assessments for services provided as part of these activities.
Export Administration
For necessary expenses for export administration and national
security activities of the Department of Commerce, including costs
associated with the performance of export administration field
activities both domestically and abroad; full medical coverage for
dependent members of immediate families of employees stationed overseas;
employment of Americans and aliens by contract for services abroad;
rental of space abroad for periods not exceeding ten years, and expenses
of alteration, repair, or improvement; payment of tort claims, in the
manner authorized in the first paragraph of 28 U.S.C. 2672 when such
claims arise in foreign countries; not to exceed $15,000 for official
representation expenses abroad; awards of compensation to informers
under the Export Administration Act of 1979, and as authorized by 22
U.S.C. 401(b); purchase of passenger motor vehicles for official use and
motor vehicles for law enforcement use with special requirement vehicles
eligible for purchase without regard to any price limitation otherwise
established by law, $52,331,000 to remain available until expended, of
which $1,877,000 shall be for inspections and other activities
[[Page 112 STAT. 2681-79]]
related to national security: Provided, That the provisions of the first
sentence of section 105(f) and all of section 108(c) of the Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and
2458(c)) shall apply in carrying out these activities: Provided further,
That payments and contributions collected and accepted for materials or
services provided as part of such activities may be retained for use in
covering the cost of such activities, and for providing information to
the public with respect to the export administration and national
security activities of the Department of Commerce and other export
control programs of the United States and other governments: Provided
further, That no funds may be obligated or expended for processing
licenses for the export of satellites of United States origin (including
commercial satellites and satellite components) to the People's Republic
of China, unless, at least 15 days in advance, the Committees on
Appropriations of the House and the Senate and other appropriate
Committees of the Congress are notified of such proposed action.
Economic Development Administration
For grants for economic development assistance as provided by the
Public Works and Economic Development Act of 1965, as amended, Public
Law 91-304, and such laws that were in effect immediately before
September 30, 1982, and for trade adjustment assistance, $368,379,000:
Provided, That none of the funds appropriated or otherwise made
available under this heading may be used directly or indirectly for
attorneys' or consultants' fees in connection with securing grants and
contracts made by the Economic Development Administration: Provided
further, That, notwithstanding any other provision of law, the Secretary
of Commerce may provide financial assistance for projects to be located
on military installations closed or scheduled for closure or realignment
to grantees eligible for assistance under the Public Works and Economic
Development Act of 1965, as amended, without it being required that the
grantee have title or ability to obtain a lease for the property, for
the useful life of the project, when in the opinion of the Secretary of
Commerce, such financial assistance is necessary for the economic
development of the area: Provided further, That the Secretary of
Commerce may, as the Secretary considers appropriate, consult with the
Secretary of Defense regarding the title to land on military
installations closed or scheduled for closure or realignment.
salaries and expenses
For necessary expenses of administering the economic development
assistance programs as provided for by law, $24,000,000: Provided, That
these funds may be used to monitor projects approved pursuant to title I
of the Public Works Employment Act of 1976, as amended, title
II of the Trade Act of 1974, as amended, and the Community Emergency
Drought Relief Act of 1977.
[[Page 112 STAT. 2681-80]]
Minority Business Development Agency
minority business development
For necessary expenses of the Department of Commerce in fostering,
promoting, and developing minority business enterprise, including
expenses of grants, contracts, and other agreements with public or
private organizations, $27,000,000.
Economic and Information Infrastructure
Economic and Statistical Analysis
salaries and expenses
For necessary expenses, as authorized by law, of economic and
statistical analysis programs of the Department of Commerce,
$48,490,000, to remain available until September 30, 2000.
Bureau of the Census
salaries and expenses
For expenses necessary for collecting, compiling, analyzing,
preparing, and publishing statistics, provided for by law, $136,147,000.
periodic censuses and programs
For expenses necessary to conduct the decennial census,
$1,026,936,000 to remain available until expended: Provided, That, of
this amount, not less than $75,000,000 shall be for the following
activities: (1) $23,000,000 for additional staffing requirements for
local field offices; (2) $17,000,000 for additional promotion, outreach,
and marketing activities; and (3) $35,000,000 for additional costs
associated with modifications to decennial census questionnaires.
In addition, for necessary expenses of the Census Monitoring Board
as authorized by section 210 of Public Law 105-119, $4,000,000, to
remain available until expended.
In addition, for expenses to collect and publish statistics for
other periodic censuses and programs provided for by law, $155,966,000,
to remain available until expended.
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the National
Telecommunications and Information Administration (NTIA), $10,940,000,
to remain available until expended: Provided, That, notwithstanding 31
U.S.C. 1535(d), the Secretary of Commerce shall charge Federal agencies
for costs incurred in spectrum management, analysis, and operations, and
related services and such fees shall be retained and used as offsetting
collections for costs of such spectrum services, to remain available
until <<NOTE: 47 USC 903 note. public telecommunications facilities,
planning and construction>> expended: Provided further, That hereafter,
notwithstanding any other provision of law, NTIA shall not authorize
spectrum use or provide any spectrum
[[Page 112 STAT. 2681-81]]
functions pursuant to the NTIA Organization Act, 47 U.S.C. 902-903, to
any Federal entity without reimbursement as required by NTIA for such
spectrum management costs, and Federal entities withholding payment of
such cost shall not use spectrum: Provided further, That the Secretary
of Commerce is authorized to retain and use as offsetting collections
all funds transferred, or previously transferred, from other Government
agencies for all costs incurred in telecommunications research,
engineering, and related activities by the Institute for
Telecommunication Sciences of the NTIA, in furtherance of its assigned
functions under this paragraph, and such funds received from other
Government agencies shall remain available until expended.
For grants authorized by section 392 of the Communications Act of
1934, as amended, $21,000,000, to remain available until expended as
authorized by section 391 of the Act, as amended: Provided, That not to
exceed $1,800,000 shall be available for program administration as
authorized by section 391 of the Act: Provided further, That
notwithstanding the provisions of section 391 of the Act, the prior year
unobligated balances may be made available for grants for projects for
which applications have been submitted and approved during any fiscal
year: Provided further, That, hereafter, notwithstanding any other
provision of law, the Pan-Pacific Education and Communication
Experiments by Satellite (PEACESAT) Program is eligible to compete for
Public Telecommunications Facilities, Planning and Construction funds.
information infrastructure grants
For grants authorized by section 392 of the Communications Act of
1934, as amended, $18,000,000, to remain available until expended as
authorized by section 391 of the Act, as amended: Provided, That not to
exceed $3,000,000 shall be available for program administration and
other support activities as authorized by section 391: Provided further,
That, of the funds appropriated herein, not to exceed 5 percent may be
available for telecommunications research activities for projects
related directly to the development of a national information
infrastructure: Provided further, That, notwithstanding the requirements
of section 392(a) and 392(c) of the Act, these funds may be used for the
planning and construction of telecommunications networks for the
provision of educational, cultural, health care, public information,
public safety, or other social services: Provided further, That
notwithstanding any other provision of law, no entity that receives
telecommunications services at preferential rates under section 254(h)
of the Communications Act of 1934 (47 U.S.C. 254(h)) or receives
assistance under the regional information sharing systems grant program
of the Department of Justice under part M of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796h) may use
funds under a grant under this heading to cover any costs of the entity
that would otherwise be covered by such preferential rates or such
assistance, as the case may be.
[[Page 112 STAT. 2681-82]]
Patent and Trademark Office
salaries and expenses
For necessary expenses of the Patent and Trademark Office provided
for by law, including defense of suits instituted against the
Commissioner of Patents and Trademarks, $643,026,000, to remain
available until expended: Provided, That of this amount, $643,026,000
shall be derived from offsetting collections assessed and collected
pursuant to 15 U.S.C. 1113 and 35 U.S.C. 41 and 376, and shall be
retained and used for necessary expenses in this appropriation: Provided
further, That the sum herein appropriated from the General Fund shall be
reduced as such offsetting collections are received during fiscal year
1999, so as to result in a final fiscal year 1999 appropriation from the
General Fund estimated at $0: Provided further, That, during fiscal year
1999, should the total amount of offsetting fee collections be less than
$643,026,000, the total amounts available to the Patent and Trademark
Office shall be reduced accordingly: Provided further, That any amount
received in excess of $643,026,000 in fiscal year 1999 shall remain
available until expended, but shall not be available for obligation
until October 1, 1999: Provided further, That the amounts charged for
patent fees under 35 U.S.C. 41(a) and (b) shall be the amounts charged
by the Patent and Trademark Office on September 30, 1998, including any
applicable surcharges collected pursuant to section 8001 of Public Law
103-66: Provided further, That such fees shall be credited as offsetting
collections and shall be retained and used for necessary expenses in
this appropriation: Provided further, That upon enactment of a statute
reauthorizing the Patent and Trademark Office or establishing a
successor agency or agencies, and upon the subsequent enactment of a new
patent fee schedule, the fifth proviso in this paragraph shall no longer
have effect: Provided further, That, in addition to amounts otherwise
made available under this heading, not to exceed $102,000,000 of such
amounts collected shall be available for obligation in fiscal year 1999
for purposes as authorized by law: Provided further, That any amount
received in excess of $102,000,000 in fiscal year 1999 shall remain
available until expended, but shall not be available for obligation
until October 1, 1999.
Science and Technology
Technology Administration
For necessary expenses for the Under Secretary for Technology/Office
of Technology Policy, $9,495,000, of which not to exceed $1,600,000
shall remain available until September 30, 2000.
National Institute of Standards and Technology
For necessary expenses of the National Institute of Standards and
Technology, $280,136,000, to remain available until expended,
[[Page 112 STAT. 2681-83]]
of which not to exceed $1,625,000 may be transferred to the ``Working
Capital Fund''.
industrial technology services
For necessary expenses of the Manufacturing Extension Partnership of
the National Institute of Standards and Technology, $106,800,000, to
remain available until expended: Provided, <<NOTE: 15 USC 278k
note.>> That notwithstanding the time limitations imposed by 15 U.S.C.
278k(c) (1) and (5) on the duration of Federal financial assistance that
may be awarded by the Secretary of Commerce to Regional Centers for the
transfer of Manufacturing Technology (``Centers''), such Federal
financial assistance for a Center may continue beyond six years and may
be renewed for additional periods, not to exceed one year, at a rate not
to exceed one-third of the Center's total annual costs or the level of
funding in the sixth year, whichever is less, subject before any such
renewal to a positive evaluation of the Center and to a finding by the
Secretary of Commerce that continuation of Federal funding to the Center
is in the best interest of the Regional Centers for the transfer of
Manufacturing Technology Program: Provided further, That the Center's
most recent performance evaluation is positive, and the Center has
submitted a reapplication which has successfully passed merit review.
In addition, for necessary expenses of the Advanced Technology
Program of the National Institute of Standards and Technology,
$203,500,000, to remain available until expended, of which not to exceed
$66,000,000 shall be available for the award of new grants, and of which
not to exceed $500,000 may be transferred to the ``Working Capital
Fund''.
construction of research facilities
For construction of new research facilities, including architectural
and engineering design, and for renovation of existing facilities, not
otherwise provided for the National Institute of Standards and
Technology, as authorized by 15 U.S.C. 278c-278e, $56,714,000, to remain
available until expended: Provided, That of the amounts provided under
this heading, $40,000,000 shall be available for obligation and
expenditure only after submission of a plan for the expenditure of these
funds, in accordance with section 605 of this Act.
National Oceanic and Atmospheric Administration
operations, research, and facilities
For necessary expenses of activities authorized by law for the
National <<NOTE: 33 USC 851.>> Oceanic and Atmospheric Administration,
including maintenance, operation, and hire of aircraft; not to exceed
250 commissioned officers on the active list as of September 30, 1999;
grants, contracts, or other payments to nonprofit organizations for the
purposes of conducting activities pursuant to cooperative agreements;
and relocation of facilities as authorized by 33 U.S.C. 883i;
$1,579,844,000, to remain available until expended: Provided, That fees
and donations received by the National Ocean Service for
[[Page 112 STAT. 2681-84]]
the management of the national marine sanctuaries may be retained and
used for the salaries and expenses associated with those activities,
notwithstanding 31 U.S.C. 3302: Provided further, That in addition,
$63,381,000 shall be derived by transfer from the fund entitled
``Promote and Develop Fishery Products and Research Pertaining to
American Fisheries'': Provided further, That grants to States pursuant
to sections 306 and 306A of the Coastal Zone Management Act of 1972, as
amended, shall not exceed $2,000,000: Provided further, That not to
exceed $31,439,000 shall be expended for Executive Direction and
Administration, which consists of the Offices of the Under Secretary,
the Executive Secretariat, Policy and Strategic Planning, International
Affairs, Legislative Affairs, Public Affairs, Sustainable Development,
the Chief Scientist, and the General Counsel: Provided further, That the
aforementioned offices, excluding the Office of the General Counsel,
shall not be augmented by personnel details, temporary transfers of
personnel on either a reimbursable or nonreimbursable basis or any other
type of formal or informal transfer or reimbursement of personnel or
funds on either a temporary or long-term basis above the level of 33
personnel: Provided further, That the Secretary of Commerce shall make
funds available to implement the mitigation recommendations identified
subsequent to the ``1995 Secretary's Report to Congress on Adequacy of
NEXRAD Coverage and Degradation of Weather Services'', and shall ensure
continuation of weather service coverage for these communities until
mitigation activities are completed: Provided further, That no general
administrative charge shall be applied against any assigned activity
included in this Act and, further, that any direct administrative
expenses applied against assigned activities shall be limited to five
percent of the funds provided for that assigned activity.
procurement, acquisition and construction
For procurement, acquisition and construction of capital assets,
including alteration and modification costs, of the National Oceanic and
Atmospheric Administration, $584,677,000, to remain available until
expended: Provided, That not to exceed $67,667,000 is available for the
advanced weather interactive processing system, and may be available for
obligation and expenditure only pursuant to a certification by the
Secretary of Commerce that the total cost to complete the acquisition
and deployment of the advanced weather interactive processing system
through Build 4.2 and NOAA Port system, including program management,
operations, and maintenance costs through deployment, will not exceed
$71,790,000: Provided further, That unexpended balances of amounts
previously made available in the ``Operations, Research, and
Facilities'' account for activities funded under this heading may be
transferred to and merged with this account, to remain available until
expended for the purposes for which the funds were originally
appropriated.
Of amounts collected pursuant to section 308 of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1456a), not to exceed $4,000,000, for
purposes set forth in sections 308(b)(2)(A), 308(b)(2)(B)(v), and 315(e)
of such Act.
[[Page 112 STAT. 2681-85]]
For carrying out the provisions of title IV of Public Law 95-372,
not to exceed $953,000, to be derived from receipts collected pursuant
to that Act, to remain available until expended.
foreign fishing observer fund
For expenses necessary to carry out the provisions of the Atlantic
Tunas Convention Act of 1975, as amended (Public Law 96-339), the
Magnuson-Stevens Fishery Conservation and Management Act of 1976, as
amended (Public Law 100-627), and the American Fisheries Promotion Act
(Public Law 96-561), to be derived from the fees imposed under the
foreign fishery observer program authorized by these Acts, not to exceed
$189,000, to remain available until expended.
fisheries finance program account
For the cost of direct loans, $338,000, as authorized by the
Merchant Marine Act of 1936, as amended: Provided, That such costs,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided further,
That none of the funds made available under this heading may be used for
direct loans for any new fishing vessel that will increase the
harvesting capacity in any United States fishery.
General Administration
salaries and expenses
For expenses necessary for the general administration of the
Department of Commerce provided for by law, including not to exceed
$3,000 for official entertainment, $30,000,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $21,000,000.
Patent and Trademark Office
Of the unobligated balances available under this heading from prior
year appropriations, fees collected in this fiscal year, and balances of
prior year fees, $71,000,000 are rescinded.
General Provisions--Department of Commerce
Sec. 201. During the current fiscal year, applicable appropriations
and funds made available to the Department of Commerce by this Act shall
be available for the activities specified in the Act of October 26, 1949
(15 U.S.C. 1514), to the extent and in the manner prescribed by the Act,
and, notwithstanding 31 U.S.C. 3324, may
be used for advanced payments not otherwise authorized
[[Page 112 STAT. 2681-86]]
only upon the certification of officials designated by the Secretary of
Commerce that such payments are in the public interest.
Sec. 202. During the current fiscal year, appropriations made
available to the Department of Commerce by this Act for salaries and
expenses shall be available for hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5
U.S.C. 3109; and uniforms or allowances therefore, as authorized by law
(5 U.S.C. 5901-5902).
Sec. 203. None of the funds made available by this Act may be used
to support the hurricane reconnaissance aircraft and activities that are
under the control of the United States Air Force or the United States
Air Force Reserve.
Sec. 204. <<NOTE: 13 USC 23 note.>> None of the funds provided in
this or any previous Act, or hereinafter made available to the
Department of Commerce, shall be available to reimburse the Unemployment
Trust Fund or any other fund or account of the Treasury to pay for any
expenses paid before October 1, 1992, as authorized by section 8501 of
title 5, United States Code, for services performed after April 20,
1990, by individuals appointed to temporary positions within the Bureau
of the Census for purposes relating to the 1990 decennial census of
population.
Sec. 205. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Commerce in
this Act may be transferred between such appropriations, but no such
appropriation shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this section shall be
treated as a reprogramming of funds under section 605 of this Act and
shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
Sec. 206. (a) Should legislation be enacted to dismantle or
reorganize the Department of Commerce, or any portion thereof, the
Secretary of Commerce, no later than 90 days thereafter, shall submit to
the Committees on Appropriations of the House and the Senate a plan for
transferring funds provided in this Act to the appropriate successor
organizations: Provided, That the plan shall include a proposal for
transferring or rescinding funds appropriated herein for agencies or
programs terminated under such legislation: Provided further, That such
plan shall be transmitted in accordance with section 605 of this Act.
(b) The Secretary of Commerce or the appropriate head of any
successor organization(s) may use any available funds to carry out
legislation dismantling or reorganizing the Department of Commerce, or
any portion thereof, to cover the costs of actions relating to the
abolishment, reorganization, or transfer of functions and any related
personnel action, including voluntary separation incentives if
authorized by such legislation: Provided, That the authority to transfer
funds between appropriations accounts that may be necessary to carry out
this section is provided in addition to authorities included under
section 205 of this Act: Provided further, That use of funds to carry
out this section shall be treated as a reprogramming of funds under
section 605 of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set forth in that
section.
Sec. 207. Any costs incurred by a Department or agency funded under
this title resulting from personnel actions taken in response to funding
reductions included in this title or from actions taken
[[Page 112 STAT. 2681-87]]
for the care and protection of loan collateral or grant property shall
be absorbed within the total budgetary resources available to such
Department or agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included elsewhere in
this Act: Provided further, That use of funds to carry out this section
shall be
treated as a reprogramming of funds under section 605 of this Act and
shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
Sec. 208. The Secretary of Commerce may award contracts for
hydrographic, geodetic, and photogrammetric surveying and mapping
services in accordance with title IX of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 541 et seq.).
Sec. 209. The Secretary of Commerce may use the Commerce franchise
fund for expenses and equipment necessary for the maintenance and
operation of such administrative services as the Secretary determines
may be performed more advantageously as central services, pursuant to
section 403 of Public Law 103-356: Provided, That any inventories,
equipment, and other assets pertaining to the services to be provided by
such fund, either on hand or on order, less the related liabilities or
unpaid obligations, and any appropriations made for the purpose of
providing capital shall be used to capitalize such fund: Provided
further, That such fund shall be paid in advance from funds available to
the Department and other Federal agencies for which such centralized
services are performed, at rates which will return in full all expenses
of operation, including accrued leave, depreciation of fund plant and
equipment, amortization of automated data processing (ADP) software and
systems (either acquired or donated), and an amount necessary to
maintain a reasonable operating reserve, as determined by the Secretary:
Provided further, That such fund shall provide services <<NOTE: 31 USC
501 note.>> on a competitive basis: Provided further, That an amount not
to exceed 4 percent of the total annual income to such fund may be
retained in the fund for fiscal year 1999 and each fiscal year
thereafter, to remain available until expended, to be used for the
acquisition of capital equipment, and for the improvement and
implementation of Department financial management, ADP, and other
support systems: Provided further, That such amounts retained in the
fund for fiscal year 1999 and each fiscal year thereafter shall be
available for obligation and expenditure only in accordance with section
605 of this Act: Provided further, That no later than 30 days after the
end of each fiscal year, amounts in excess of this reserve limitation
shall be deposited as miscellaneous receipts in the Treasury: Provided
further, That such franchise fund pilot program shall terminate pursuant
to section 403(f) of Public Law 103-356.
Sec. 210. No funds may be used under this Act to process or register
any application filed or submitted with the Patent and Trademark Office
under the Act entitled ``An Act to provide for the registration and
protection of trademarks used in commerce, to carry out the provisions
of certain international conventions, and for other purposes'', approved
July 5, 1946, commonly referred to as the Trademark Act of 1946, as
amended, after the date of enactment of this Act for a mark identical to
the official tribal insignia of any federally recognized Indian tribe
for a period of one year from the date of enactment of this Act.
[[Page 112 STAT. 2681-88]]
Sec. 211. (a)(1) Notwithstanding any other provision of law, no
transaction or payment shall be authorized or approved pursuant to
section 515.527 of title 31, Code of Federal Regulations, as in effect
on September 9, 1998, with respect to a mark, trade name, or commercial
name that is the same as or substantially similar to a mark, trade name,
or commercial name that was used in connection with a business or assets
that were confiscated unless the original owner of the mark, trade name,
or commercial name, or the bona fide successor-in-interest has expressly
consented.
(2) No U.S. court shall recognize, enforce or otherwise validate any
assertion of rights by a designated national based on common law rights
or registration obtained under such section 515.527 of such a
confiscated mark, trade name, or commercial name.
(b) No U.S. court shall recognize, enforce or otherwise validate any
assertion of treaty rights by a designated national or its successor-in-
interest under sections 44 (b) or (e) of the Trademark Act of 1946 (15
U.S.C. 1126 (b) or (e)) for a mark, trade name, or commercial name that
is the same as or substantially similar to a mark, trade name, or
commercial name that was used in connection with a business or assets
that were confiscated unless the original owner of such mark, trade
name, or commercial name, or the bona fide successor-in-interest has
expressly consented.
<<NOTE: Regulations.>> (c) The Secretary of the Treasury shall
promulgate such rules and regulations as are necessary to carry out the
provisions of this section.
(d) In this section:
(1) The term ``designated national'' has the meaning given
such term in section 515.305 of title 31, Code of Federal
Regulations, as in effect on September 9, 1998, and includes a
national of any foreign country who is a successor-in-interest
to a designated national.
(2) The term ``confiscated'' has the meaning given such term
in section 515.336 of title 31, Code of Federal Regulations, as
in effect on September 9, 1998.
Sec. 212. (a) Subject to subsection (b), the Secretary of Commerce
shall convey, at fair market value (as determined by the Secretary), to
the city of Two Harbors, Minnesota, or its designee, the parcel of land
described in subsection (c).
(b) The Secretary may make the conveyance under subsection (a) only
if the Secretary receives adequate assurances, as determined by the
Secretary, that the conveyance is in accordance with the requirements of
the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (42 U.S.C. 9601 et seq.).
(c) The parcel of land referred to in subsection (a) consists of
approximately 21.55 acres known as the J and J Casting site, in Lake
County, Minnesota, together with a road easement, all as described in
the deed of the United States Marshal, dated March 22, 1988, executed
pursuant to the order of sale of the United States District Court for
the District of Minnesota, dated May 15, 1987, in case Civil No. 5-86-
300.
(d) The Secretary shall carry out this section acting through the
Assistant Secretary of Commerce for Economic Development.
Sec. 213. The Secretary of Commerce, through the Under Secretary for
Oceans and Atmosphere, is authorized to exchange, under such terms as
the Secretary deems appropriate, all right, title, and interest in the
28.16 acre Lena Point property near Juneau, Alaska, to site a National
Oceanic and Atmospheric Administration
[[Page 112 STAT. 2681-89]]
facility: Provided, That the Secretary is authorized to enter into an
agreement with the owner of the Lena Point site to modify existing rock
quarry operations to minimize future site development costs, and to
provide appropriated funds for project mitigation purposes: Provided
further, That Section 2(b) of Public Law 104-91 is amended by striking
``on Auke Cape near Juneau, Alaska'' and inserting in lieu thereof ``in
Alaska''.
Sec. 214. The National Oceanic and Atmospheric Administration (NOAA)
is authorized to provide an easement, lease, license 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 accept and expend State funds for development of joint
facilities that will be owned and operated by NOAA: Provided, That NOAA
is authorized to collect operation and maintenance costs from the State
of Alaska and to retain said funds for utility costs, and current and
future facility maintenance costs.
This title may be cited as the ``Department of Commerce and Related
Agencies Appropriations Act, 1999''.
<<NOTE: The Judiciary Appropriations Act, 1999.>> TITLE III--THE
JUDICIARY
Supreme Court of the United States
For expenses necessary for the operation of the Supreme Court, as
required by law, excluding care of the building and grounds, including
purchase or hire, driving, maintenance, and operation of an automobile
for the Chief Justice, not to exceed $10,000 for the purpose of
transporting Associate Justices, and hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for
official reception and representation expenses; and for miscellaneous
expenses, to be expended as the Chief Justice may approve, $31,059,000.
care of the building and grounds
For such expenditures as may be necessary to enable the Architect of
the Capitol to carry out the duties imposed upon him by the Act approved
May 7, 1934 (40 U.S.C. 13a-13b), $5,400,000, of which $2,364,000 shall
remain available until expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of the chief judge, judges, and other officers and
employees, and for necessary expenses of the court, as authorized by
law, $16,101,000.
United States Court of International Trade
salaries and expenses
For salaries of the chief judge and 8 judges, salaries of the
officers and employees of the court, services as authorized by 5
[[Page 112 STAT. 2681-90]]
U.S.C. 3109, and necessary expenses of the court, as authorized by law,
$11,804,000.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For the salaries of circuit and district judges (including judges of
the territorial courts of the United States), justices and judges
retired from office or from regular active service, judges of the United
States Court of Federal Claims, bankruptcy judges, magistrate judges,
and all other officers and employees of the Federal Judiciary not
otherwise specifically provided for, and necessary expenses of the
courts, as authorized by law, $2,821,821,000 (including the purchase of
firearms and ammunition); of which not to exceed $13,454,000 shall
remain available until expended for space alteration projects; and of
which not to exceed $10,000,000 shall remain available until expended
for furniture and furnishings related to new space alteration and
construction projects.
In addition, for expenses of the United States Court of Federal
Claims associated with processing cases under the National Childhood
Vaccine Injury Act of 1986, not to exceed $2,515,000, to be appropriated
from the Vaccine Injury Compensation Trust Fund.
violent crime reduction programs
For activities of the Federal Judiciary as authorized by law,
$41,043,000, to remain available until expended, which shall be derived
from the Violent Crime Reduction Trust Fund, as authorized by section
190001(a) of Public Law 103-322, and sections 818 and 823 of Public Law
104-132.
defender services
For the operation of Federal Public Defender and Community Defender
organizations; the compensation and reimbursement of expenses of
attorneys appointed to represent persons under the Criminal Justice Act
of 1964, as amended; the compensation and reimbursement of expenses of
persons furnishing investigative, expert and other services under the
Criminal Justice Act (18 U.S.C. 3006A(e)); the compensation (in
accordance with Criminal Justice Act maximums) and reimbursement of
expenses of attorneys appointed to assist the court in criminal cases
where the defendant has waived representation by counsel; the
compensation and reimbursement of travel expenses of guardians ad litem
acting on behalf of financially eligible minor or incompetent offenders
in connection with transfers from the United States to foreign countries
with which the United States has a treaty for the execution of penal
sentences; and the compensation of attorneys appointed to represent
jurors in civil actions for the protection of their employment, as
authorized by 28 U.S.C. 1875(d), $360,952,000, to remain available until
expended as authorized by 18 U.S.C. 3006A(i).
[[Page 112 STAT. 2681-91]]
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and
1876; compensation of jury commissioners as authorized by 28 U.S.C.
1863; and compensation of commissioners appointed in condemnation cases
pursuant to rule 71A(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71A(h)), $66,861,000, to remain available until
expended: Provided, That the compensation of land commissioners shall
not exceed the daily equivalent of the highest rate payable under
section 5332 of title 5, United States Code.
Court Security
For necessary expenses, not otherwise provided for, incident to the
procurement, installation, and maintenance of security equipment and
protective services for the United States Courts in courtrooms and
adjacent areas, including building ingress-egress control, inspection of
packages, directed security patrols, and other similar activities as
authorized by section 1010 of the Judicial Improvement and Access to
Justice Act (Public Law 100-702), $174,569,000, of which not to exceed
$10,000,000 shall remain available until expended for security systems,
to be expended directly or transferred to the United States Marshals
Service, which shall be responsible for administering elements of the
Judicial Security Program consistent with standards or guidelines agreed
to by the Director of the Administrative Office of the United States
Courts and the Attorney General.
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the United
States Courts as authorized by law, including travel as authorized by 31
U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31
U.S.C. 1343(b), advertising and rent in the District of Columbia and
elsewhere, $54,500,000, of which not to exceed $7,500 is authorized for
official reception and representation expenses.
Federal Judicial Center
For necessary expenses of the Federal Judicial Center, as authorized
by Public Law 90-219, $17,716,000; of which $1,800,000 shall remain
available through September 30, 2000, to provide education and training
to Federal court personnel; and of which not to exceed $1,000 is
authorized for official reception and representation expenses.
Judicial Retirement Funds
For payment to the Judicial Officers' Retirement Fund, as authorized
by 28 U.S.C. 377(o), $27,500,000; to the Judicial Survivors' Annuities
Fund, as authorized by 28 U.S.C. 376(c),
[[Page 112 STAT. 2681-92]]
$7,800,000; and to the United States Court of Federal Claims Judges'
Retirement Fund, as authorized by 28 U.S.C. 178(l), $2,000,000.
United States Sentencing Commission
For the salaries and expenses necessary to carry out the provisions
of chapter 58 of title 28, United States Code, $9,487,000, of which not
to exceed $1,000 is authorized for official reception and representation
expenses.
General Provisions--The Judiciary
Sec. 301. Appropriations and authorizations made in this title which
are available for salaries and expenses shall be available for services
as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this Act may
be transferred between such appropriations, but no such appropriation,
except ``Courts of Appeals, District Courts, and Other Judicial
Services, Defender Services'' and ``Courts of Appeals, District Courts,
and Other Judicial Services, Fees of Jurors and Commissioners'', shall
be increased by more than 10 percent by any such transfers: Provided,
That any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 605 of this Act and shall not be
available for obligation or expenditure except in compliance with the
procedures set forth in that section.
Sec. 303. Notwithstanding any other provision of law, the salaries
and expenses appropriation for district courts, courts of appeals, and
other judicial services shall be available for official reception and
representation expenses of the Judicial Conference of the United States:
Provided, That such available funds shall not exceed $10,000 and shall
be administered by the Director of the
Administrative Office of the United States Courts in the capacity as
Secretary of the Judicial Conference.
This title may be cited as ``The Judiciary Appropriations Act,
1999''.
<<NOTE: Department of State and Related Agencies Appropriations Act,
1999.>> TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCIES
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
For necessary expenses of the Department of State and the Foreign
Service not otherwise provided for, including expenses authorized by the
State Department Basic Authorities Act of 1956, as amended;
representation to certain international organizations in which the
United States participates pursuant to treaties, ratified pursuant to
the advice and consent of the Senate, or specific Acts of Congress;
acquisition by exchange or purchase of passenger motor vehicles as
authorized by 31 U.S.C. 1343, 40 U.S.C. 481(c), and
[[Page 112 STAT. 2681-93]]
22 U.S.C. 2674; and for expenses of general administration,
$1,644,300,000: Provided, That, of the amount made available under this
heading, not to exceed $4,000,000 may be transferred to, and merged
with, funds in the ``Emergencies in the Diplomatic and Consular
Service'' appropriations account, to be available only for emergency
evacuations and terrorism rewards: Provided further, That of the amount
made available under this heading, $500,000 shall be available only for
the National Law Center for Inter-American Free Trade:
Provided <<NOTE: 8 USC 1351 note.>> further, That notwithstanding
section 140(a)(5), and the second sentence of section 140(a)(3), of the
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public
Law 103-236), fees may be collected during fiscal years 1999 and 2000
under the authority of section 140(a)(1) of that Act: Provided further,
That all fees collected under the preceding proviso shall be deposited
in fiscal years 1999 and 2000 as an offsetting collection to
appropriations made under this heading to recover costs as set forth
under section 140(a)(2) of that Act and shall remain available until
expended.
In addition, not to exceed $1,252,000 shall be derived from fees
collected from other executive agencies for lease or use of facilities
located at the International Center in accordance with section 4 of the
International Center Act (Public Law 90-553), as amended; in addition,
as authorized by section 5 of such Act, $490,000, to be derived from the
reserve authorized by that section, to be used for the purposes set out
in that section; and, in addition, not to exceed $15,000, which shall be
derived from reimbursements, surcharges, and fees for use of Blair House
facilities in accordance with section 46 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2718(a)).
Notwithstanding section 402 of this Act, not to exceed 20 percent of
the amounts made available in this Act in the appropriation accounts
``Diplomatic and Consular Programs'' and ``Salaries and Expenses'' under
the heading ``Administration of Foreign Affairs'' may be transferred
between such appropriation accounts: Provided, That any transfer
pursuant to this sentence shall be treated as a reprogramming of funds
under section 605 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth in
that section.
salaries and expenses
For expenses necessary for the general administration of the
Department of State and the Foreign Service, provided for by law,
including expenses authorized by section 9 of the Act of August 31,
1964, as amended (31 U.S.C. 3721), and the State Department Basic
Authorities Act of 1956, as amended, $355,000,000: Provided, That, of
this amount, $813,333 shall be transferred to the Presidential Advisory
Commission on Holocaust Assets in the United States.
capital investment fund
For necessary expenses of the Capital Investment Fund, $80,000,000,
to remain available until expended, as authorized in Public Law 103-236:
Provided, That section 135(e) of Public Law 103-236 shall not apply to
funds available under this heading.
[[Page 112 STAT. 2681-94]]
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended (5 U.S.C. App.), $27,495,000, notwithstanding section 209(a)(1)
of the Foreign Service Act of 1980, as amended (Public Law 96-465), as
it relates to post inspections.
representation allowances
For representation allowances as authorized by section 905 of the
Foreign Service Act of 1980, as amended (22 U.S.C. 4085), $4,350,000.
protection of foreign missions and officials
For expenses, not otherwise provided, to enable the Secretary of
State to provide for extraordinary protective services in accordance
with the provisions of section 214 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 4314) and 3 U.S.C. 208, $8,100,000,
to remain available until September 30, 2000.
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926, as amended (22 U.S.C. 292-300), preserving,
maintaining, repairing, and planning for, buildings that are owned or
directly leased by the Department of State, renovating, in addition to
funds otherwise available, the Main State Building, and carrying out the
Diplomatic Security Construction Program as authorized by title IV of
the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C.
4851), $403,561,000, to remain available until expended as authorized by
section 24(c) of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2696(c)): Provided, That none of the funds appropriated in this
paragraph shall be available for acquisition of furniture and
furnishings and generators for other departments and agencies.
emergencies in the diplomatic and consular service
For expenses necessary to enable the Secretary of State to meet
unforeseen emergencies arising in the Diplomatic and Consular Service
pursuant to the requirement of 31 U.S.C. 3526(e), $5,500,000 to remain
available until expended as authorized by section 24(c) of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2696(c)), of which
not to exceed $1,000,000 may be transferred to and merged with the
Repatriation Loans Program Account, subject to the same terms and
conditions.
repatriation loans program account
For the cost of direct loans, $593,000, as authorized by section 4
of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2671):
Provided, That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget Act of
1974. In addition, for administrative expenses necessary to carry out
the direct loan program, $607,000, which may be transferred to and
merged with the Salaries and Expenses account under Administration of
Foreign Affairs.
[[Page 112 STAT. 2681-95]]
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations Act, Public
Law 96-8, $14,750,000.
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and Disability Fund,
as authorized by law, $132,500,000.
<<NOTE: 22 USC 269a note.>> International Organizations and Conferences
contributions to international organizations
For expenses, not otherwise provided for, necessary to meet annual
obligations of membership in international multilateral organizations,
pursuant to treaties ratified pursuant to the advice and consent of the
Senate, conventions or specific Acts of Congress, $922,000,000:
Provided, That any payment of arrearages shall be directed toward
special activities that are mutually agreed upon by the United States
and the respective international organization: Provided further, That
none of the funds appropriated in this paragraph shall be available for
a United States contribution to an international organization for the
United States share of interest costs made known to the United States
Government by such organization for loans incurred on or after October
1, 1984, through external borrowings: Provided further, That, of the
funds appropriated in this paragraph, $100,000,000 may be made available
only on a semi-annual basis pursuant to a certification by the Secretary
of State on a semi-annual basis, that the United Nations has taken no
action during the preceding 6 months to increase funding for any United
Nations program without identifying an offsetting decrease during that
6-month period elsewhere in the United Nations budget and cause the
United Nations to exceed the expected reform budget for the biennium
1998-1999 of $2,533,000,000: Provided further, That not to exceed
$15,000,000 shall be transferred from funds made available under this
heading to the ``International Conferences and Contingencies'' account
for United States contributions to the Comprehensive Nuclear Test Ban
Treaty Preparatory Commission, except that such transferred funds may be
obligated or expended only for Commission meetings and sessions,
provisional technical secretariat salaries and expenses, other
Commission administrative and training activities, including purchase of
training equipment, and upgrades to existing internationally based
monitoring systems involved in cooperative data sharing agreements with
the United States as of the date of enactment of this Act, until the
United States Senate ratifies the Comprehensive Nuclear Test Ban Treaty:
Provided further, That notwithstanding section 402 of this Act, not to
exceed $1,223,000 may be transferred from the funds made
available under this heading to the ``International Conferences and
Contingencies'' account for assessed contributions to new or provisional
international organizations or for travel expenses of official delegates
to international conferences: Provided further, That any transfer
pursuant to the previous proviso shall be treated as a reprogramming of
funds under section 605 of this Act and shall not be available for
obligation or expenditure except in compliance with
[[Page 112 STAT. 2681-96]]
the procedures set forth in that section: Provided further, That not to
exceed $2,000,000 shall only be available to establish an international
center for response to chemical, biological, and nuclear weapons:
Provided further, That funds appropriated under this paragraph may be
obligated and expended to pay the full U.S. assessment to the civil
budget of the North Atlantic Treaty Organization.
contributions for international peacekeeping activities
For necessary expenses to pay assessed and other expenses of
international peacekeeping activities directed to the maintenance or
restoration of international peace and security, $231,000,000: Provided,
That none of the funds made available under this Act shall be obligated
or expended for any new or expanded United Nations peacekeeping mission
unless, at least 15 days in advance of voting for the new or expanded
mission in the United Nations Security Council (or in an emergency, as
far in advance as is practicable): (1) the Committees on Appropriations
of the House of Representatives and the Senate and other appropriate
committees of the Congress are notified of the estimated cost and length
of the mission, the vital national interest that will be served, and the
planned exit strategy; and (2) a reprogramming of funds pursuant to
section 605 of this Act is submitted, and the procedures therein
followed, setting forth the source of funds that will be used to pay for
the cost of the new or expanded mission: Provided further, That funds
shall be available for peacekeeping expenses only upon a certification
by the Secretary of State to the appropriate committees of the Congress
that American manufacturers and suppliers are being given opportunities
to provide equipment, services, and material for United Nations
peacekeeping activities equal to those being given to foreign
manufacturers and suppliers: Provided further, That none of the funds
made available under this heading are available to pay the United States
share of the cost of court monitoring that is part of any United Nations
peacekeeping mission.
For an additional amount for payment of arrearages to meet
obligations of membership in the United Nations, and to pay assessed
expenses of international peacekeeping activities, $475,000,000, to
remain available until expended: Provided, That none of the funds
appropriated or otherwise made available under this heading for payment
of arrearages may be obligated or expended unless such obligation or
expenditure is expressly authorized by law: Provided further, That none
of the funds appropriated or otherwise made available under this heading
for payment of arrearages may be obligated or expended until such time
as the share of the total of all assessed contributions for the regular
budget of the United Nations does not exceed 22 percent for any single
United Nations member, and the share of the budget for each assessed
United Nations peacekeeping operation does not exceed 25 percent for any
single United Nations member.
[[Page 112 STAT. 2681-97]]
International <<NOTE: 22 USC 269a note.>> Commissions
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or specific
Acts of Congress, as follows:
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and Mexico,
and to comply with laws applicable to the United States Section,
including not to exceed $6,000 for representation; as follows:
salaries and expenses
For salaries and expenses, not otherwise provided for, $19,551,000.
construction
For detailed plan preparation and construction of authorized
projects, $5,939,000, to remain available until expended, as authorized
by section 24(c) of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2696(c)).
american sections, international commissions
For necessary expenses, not otherwise provided for the International
Joint Commission and the International Boundary Commission, United
States and Canada, as authorized by treaties between the United States
and Canada or Great Britain, and for the Border Environment Cooperation
Commission as authorized by Public Law 103-182, $5,733,000, of which not
to exceed $9,000 shall be available for representation expenses incurred
by the International Joint Commission.
For necessary expenses for international fisheries commissions, not
otherwise provided for, as authorized by law, $14,549,000: Provided,
That the United States' share of such expenses may be advanced to the
respective commissions, pursuant to 31 U.S.C. 3324.
Other
payment to the asia foundation
For a grant to the Asia Foundation, as authorized by section 501 of
Public Law 101-246, $8,250,000, to remain available until expended, as
authorized by section 24(c) of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2696(c)).
[[Page 112 STAT. 2681-98]]
RELATED AGENCIES
Arms Control and Disarmament Agency
arms control and disarmament activities
For necessary expenses not otherwise provided, for arms control,
nonproliferation, and disarmament activities, $41,500,000, of which not
to exceed $50,000 shall be for official reception and representation
expenses as authorized by the Act of September 26, 1961, as amended (22
U.S.C. 2551 et seq.).
United States Information Agency
international information programs
For expenses, not otherwise provided for, necessary to enable the
United States Information Agency, as authorized by the Mutual
Educational and Cultural Exchange Act of 1961, as amended (22 U.S.C.
2451 et seq.), the United States Information and Educational Exchange
Act of 1948, as amended (22 U.S.C. 1431 et seq.), and Reorganization
Plan No. 2 of 1977 (91 Stat. 1636), to
carry out international communication, educational and cultural
activities; and to carry out related activities authorized by law,
including employment, without regard to civil service and classification
laws, of persons on a temporary basis (not to exceed $700,000 of this
appropriation), as authorized by section 801 of such Act of 1948 (22
U.S.C. 1471), and entertainment, including official receptions, within
the United States, not to exceed $25,000 as authorized by section 804(3)
of such Act of 1948 (22 U.S.C. 1474(3)), $455,246,000: Provided, That
not to exceed $1,400,000 may be used for representation abroad as
authorized by section 302 of such Act of 1948 (22 U.S.C. 1452) and
section 905 of the Foreign Service Act of 1980 (22 U.S.C. 4085):
Provided further, That not to exceed $6,000,000, to remain available
until expended, may be credited to this appropriation from fees or other
payments received from or in connection with English teaching, library,
motion pictures, and publication programs as authorized by section 810
of such Act of 1948 (22 U.S.C. 1475e) and, notwithstanding any other
law, fees from educational advising and counseling, and exchange visitor
program services: Provided further, That not to exceed $920,000, to
remain available until expended, may be used to carry out projects
involving security construction and related improvements for agency
facilities not physically located together with Department of State
facilities abroad.
For expenses of educational and cultural exchange programs, as
authorized by the Mutual Educational and Cultural Exchange Act of 1961,
as amended (22 U.S.C. 2451 et seq.), and Reorganization Plan No. 2 of
1977 (91 Stat. 1636), $202,500,000, to remain available until expended
as authorized by section 105 of such Act of 1961 (22 U.S.C. 2455):
Provided, That not to exceed $800,000, to remain available until
expended, may be credited to this appropriation from fees or other
payments received from or in connection with English teaching and
publication programs as authorized by section 810 of the United States
Information and Educational
[[Page 112 STAT. 2681-99]]
Exchange Act of 1948 (22 U.S.C. 1475e) and, notwithstanding any other
provision of law, fees from educational advising and counseling:
Provided further, That notwithstanding section 402 of this Act, not to
exceed $2,000,000 may be transferred from the funds made available under
this heading to the ``Technology Fund'' account.
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the Eisenhower
Exchange Fellowship Act of 1990 (20
U.S.C. 5204-5205), all interest and earnings accruing to the Eisenhower
Exchange Fellowship Program Trust Fund on or before September 30, 1999,
to remain available until expended: Provided, That none of the funds
appropriated herein shall be used to pay any salary or other
compensation, or to enter into any contract providing for the payment
thereof, in excess of the rate authorized by 5 U.S.C. 5376; or for
purposes which are not in accordance with OMB Circulars A-110 (Uniform
Administrative Requirements) and A-122 (Cost Principles for Non-profit
Organizations), including the restrictions on compensation for personal
services.
For necessary expenses of the Israeli Arab Scholarship Program as
authorized by section 214 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest and earnings
accruing to the Israeli Arab Scholarship Fund on or before September 30,
1999, to remain available until expended.
For expenses necessary to enable the United States Information
Agency, as authorized by the United States Information and Educational
Exchange Act of 1948, as amended, the United States International
Broadcasting Act of 1994, as amended, and Reorganization Plan No. 2 of
1977, to carry out international communication activities, $362,365,000,
of which not to exceed $16,000 may be used for official receptions
within the United States as authorized by section 804(3) of such Act of
1948 (22 U.S.C. 1747(3)), not to exceed $35,000 may be used for
representation abroad as authorized by section 302 of such Act of 1948
(22 U.S.C. 1452) and section 905 of the Foreign Service Act of 1980 (22
U.S.C. 4085), and not to exceed $39,000 may be used for official
reception and representation expenses of Radio Free Europe/Radio
Liberty; and in addition, notwithstanding any other provision of law,
not to exceed $2,000,000 in receipts from advertising and revenue from
business ventures, not to exceed $500,000 in receipts from cooperating
international organizations, and not to exceed $1,000,000 in receipts
from privatization efforts of the Voice of America and the International
Broadcasting Bureau, to remain available until expended for carrying out
authorized purposes.
For expenses necessary to enable the United States Information
Agency to carry out the Radio Broadcasting to Cuba Act, as amended, the
Television Broadcasting to Cuba Act, and the International
[[Page 112 STAT. 2681-100]]
Broadcasting Act of 1994, including the purchase, rent, construction,
and improvement of facilities for radio and television transmission and
reception, and purchase and installation of necessary equipment for
radio and television transmission and reception, $22,095,000, to remain
available until expended.
For the purchase, rent, construction, and improvement of facilities
for radio transmission and reception, and purchase and installation of
necessary equipment for radio and television transmission and reception
as authorized by section 801 of the United States Information and
Educational Exchange Act of 1948 (22 U.S.C. 1471), $13,245,000, to
remain available until expended, as authorized by section 704(a) of such
Act of 1948 (22 U.S.C. 1477b(a)).
To enable the Director of the United States Information Agency to
provide for carrying out the provisions of the Center for Cultural and
Technical Interchange Between East and West Act of 1960 (22 U.S.C. 2054-
2057), by grant to the Center for Cultural and Technical Interchange
Between East and West in the State of Hawaii, $12,500,000: Provided,
That none of the funds appropriated herein shall be used to pay any
salary, or enter into any contract providing for the payment thereof, in
excess of the rate authorized by 5 U.S.C. 5376.
To enable the Director of the United States Information Agency to
provide for carrying out the provisions of
the North/South Center Act of 1991 (22 U.S.C. 2075), by grant to an
educational institution in Florida known as the North/South Center,
$1,750,000, to remain available until expended.
national endowment for democracy
For grants made by the United States Information Agency to the
National Endowment for Democracy as authorized by the National Endowment
for Democracy Act, $31,000,000, to remain available until expended.
General Provisions--Department of State and Related Agencies
Sec. 401. Funds appropriated under this title shall be available,
except as otherwise provided, for allowances and differentials as
authorized by subchapter 59 of title 5, United States Code; for services
as authorized by 5 U.S.C. 3109; and hire of passenger transportation
pursuant to 31 U.S.C. 1343(b).
Sec. 402. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of State in
this Act may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided, That
not to exceed 5 percent of any appropriation made available for the
current fiscal year for the United States Information Agency in this Act
may be transferred between such
[[Page 112 STAT. 2681-101]]
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10 percent by any
such transfers: Provided further, That any transfer pursuant to this
section shall be treated as a reprogramming of funds under section 605
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
Sec. 403. (a) An employee who regularly commutes from his or her
place of residence in the continental United States to an official duty
station in Canada or Mexico shall receive a border equalization
adjustment equal to the amount of comparability payments under section
5304 of title 5, United States Code, that he or she would receive if
assigned to an official duty station within the United States locality
pay area closest to the employee's official duty station.
(b) For purposes of this section, the term ``employee'' shall mean a
person who--
(1) is an ``employee'' as defined under section 2105 of
title 5, United States Code; and
(2) is employed by the United States Department of State,
the United States Information Agency, the United States Agency
for International Development, or the International Joint
Commission, except that the term shall not include members of
the Foreign Service as defined by section 103 of the Foreign
Service Act of 1980 (Public Law 96-465), section 3903 of title
22, United States Code.
(c) An equalization adjustment payable under this section shall be
considered basic pay for the same purposes as are comparability payments
under section 5304 of title 5, United States Code, and its implementing
regulations.
(d) The agencies referenced in subsection (c)(2) are authorized to
promulgate regulations to carry out the purposes of this section.
Sec. 404. (a) Section 6(4) of the Japan-United States Friendship Act
(22 U.S.C. 2905(4)) is amended by striking ``needed, except'' and all
that follows through ``United States'' and inserting ``needed''.
(b) The second sentence of section 7(b) of the Japan-United States
Friendship Act (22 U.S.C. 2906(b)) is amended to read as follows: ``Such
investment may be made only in interest-bearing obligations of the
United States, in obligations guaranteed as to both principal and
interest by the United States, in interest-bearing obligations of Japan,
or in obligations guaranteed as to both principal and interest by
Japan.''.
Sec. 405. The Director of the United States Information Agency is
authorized to administer summer travel and work programs without regard
to preplacement requirements.
Sec. 406. Section 12 of the International Organizations Immunities
Act (22 U.S.C. 288f-2) is amended by inserting ``and the United Nations
Industrial Development Organization'' after ``International Labor
Organization''.
Sec. 407. (a) Section 5545a of title 5, United States Code, is
amended by adding at the end the following:
``(k)(1) For purposes of this section, the term `criminal
investigator' includes a special agent occupying a position under title
II of Public Law 99-399 if such special agent--
``(A) meets the definition of such term under paragraph (2)
of subsection (a) (applied disregarding the parenthetical matter
before subparagraph (A) thereof); and
[[Page 112 STAT. 2681-102]]
``(B) such special agent satisfies the requirements of
subsection (d) without taking into account any hours described
in paragraph (2)(B) thereof.
``(2) In applying subsection (h) with respect to a special agent
under this subsection--
``(A) any reference in such subsection to `basic pay' shall
be considered to include amounts designated as `salary';
``(B) paragraph (2)(A) of such subsection shall be
considered to include (in addition to the provisions of law
specified therein) sections 609(b)(1), 805, 806, and 856 of the
Foreign Service Act of 1980; and
``(C) paragraph (2)(B) of such subsection shall be applied
by substituting for `Office of Personnel Management' the
following: `Office of Personnel Management or the Secretary of
State (to the extent that matters exclusively within the
jurisdiction of the Secretary are concerned)'.''.
(b) Not later than the date on which the amendments made by this
section take effect, each special agent of the Diplomatic Security
Service who satisfies the requirements of subsection (k)(1) of section
5545a of title 5, United States Code, as amended by this section, and
the appropriate supervisory officer, to be designated by the Secretary
of State, shall make an initial certification to the Secretary of State
that the special agent is expected to meet the requirements of
subsection (d) of such section 5545a. The Secretary of State may
prescribe procedures necessary to administer this subsection.
(c)(1) Paragraph (2) of section 5545a(a) of title 5, United States
Code, is amended (in the matter before subparagraph (A)) by striking
``Public Law 99-399)'' and inserting ``Public Law 99-399, subject to
subsection (k))''.
(2) Section 5542(e) of such title is amended by striking ``title 18,
United States Code,'' and inserting ``title 18 or section 37(a)(3) of
the State Department Basic Authorities Act of 1956,''.
<<NOTE: Effective date. 5 USC 5542 note.>> (d) The amendments made
by this section shall take effect on the first day of the first
applicable pay period--
(1) which begins on or after the 90th day following the date
of the enactment of this Act; and
(2) on which date all regulations necessary to carry out
such amendments are (in the judgment of the Director of the
Office of Personnel Management and the Secretary of State) in
effect.
Sec. 408. None of the funds made available in this Act may be used
by the Department of State or the United States Information Agency to
provide equipment, technical support, consulting services, or any other
form of assistance to the Palestinian Broadcasting Corporation.
Sec. <<NOTE: 28 USC 2669-1.>> 409. During the current fiscal year
and hereafter, the Secretary of State shall have discretionary authority
to pay tort claims in the manner authorized by section 2672 of title 28,
United States Code, when such claims arise in foreign countries in
connection with the overseas operations of the Department of State.
Sec. 410. (a)(1)(A) Notwithstanding any other provision of law and
subject to subparagraph (B), the Secretary of State and the Attorney
General shall impose, for the processing of any application for the
issuance of a machine readable combined border crossing card and
nonimmigrant visa under section 101(a)(15)(B) of the Immigration and
Nationality Act, a fee of $13 (for recovery of
[[Page 112 STAT. 2681-103]]
the costs of manufacturing the combined card and visa) in the case of
any alien under 15 years of age where the application for the machine
readable combined border crossing card and nonimmigrant visa is made in
Mexico by a citizen of Mexico who has at least one parent or guardian
who has a visa under such section or is applying for a machine readable
combined border crossing card and nonimmigrant visa under such section
as well.
(B) The Secretary of State and the Attorney General may not commence
implementation of the requirement in subparagraph (A) until the later
of--
(i) the date that is 6 months after the date of enactment of
this Act; or
(ii) the date on which the Secretary sets the amount of the
fee or surcharge in accordance with paragraph (3).
(2)(A) Except as provided in subparagraph (B), if the fee for a
machine readable combined border crossing card and nonimmigrant visa
issued under section 101(a)(15)(B) of the Immigration and Nationality
Act has been reduced under paragraph (1) for a child under 15 years of
age, the machine readable combined border crossing card and nonimmigrant
visa shall be issued to expire on the earlier of--
(i) the date on which the child attains the age of 15; or
(ii) ten years after its date of issue.
(B) At the request of the parent or guardian of any alien under 15
years of age otherwise covered by subparagraph (A), the Secretary of
State and the Attorney General may charge the non-reduced fee for the
processing of an application for the issuance of a machine readable
combined border crossing card and nonimmigrant visa under section
101(a)(15)(B) of the Immigration and Nationality Act provided that the
machine readable combined border crossing card and nonimmigrant visa is
issued to expire as of the same date as is usually provided for visas
issued under that section.
(3) Notwithstanding any other provision of law, the Secretary of
State shall set the amount of the fee or surcharge authorized pursuant
to section 140(a) of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (Public Law 103-236; 8 U.S.C. 1351 note) for the
processing of machine readable nonimmigrant visas and machine readable
combined border crossing cards and nonimmigrant visas at a level that
will ensure the full recovery by the Department of State of the costs of
processing such machine readable nonimmigrant visas and machine readable
combined border crossing cards and nonimmigrant visas, including the
costs of processing the machine readable combined border crossing cards
and nonimmigrant visas for which the fee is reduced pursuant to this
subsection.
(b) The Secretary of State shall continue, until the date that is 5
years after the date of the enactment of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 note et seq.),
to process applications for visas under section 101(a)(15)(B) of the
Immigration and Nationality Act at the following cities in Mexico
located near the international border with the United States: Nogales,
Nuevo Laredo, Ciudad Acuna, Piedras Negras, Agua Prieta, and Reynosa.
[[Page 112 STAT. 2681-104]]
(c) Section 104(b)(2) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 note) is amended by
striking ``3 years'' and inserting ``5 years''.
Sec. 411. Funds appropriated by this Act for the United States
Information Agency, the Arms Control and Disarmament Agency, and the
Department of State may be obligated and expended notwithstanding
section 701 of the United States Information and Educational Exchange
Act of 1948 and section 313 of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995, section 53 of the Arms Control and
Disarmament Act, and section 15 of the State Department Basic
Authorities Act of 1956.
This title may be cited as the ``Department of State and Related
Agencies Appropriations Act, 1999''.
TITLE V--RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
Maritime Administration
maritime security program
For necessary expenses to maintain and preserve a U.S.-flag merchant
fleet to serve the national security needs of the United States,
$89,650,000, to remain available until expended.
operations and training
For necessary expenses of operations and training activities
authorized by law, $69,303,000.
For the cost of guaranteed loans, as authorized by the Merchant
Marine Act, 1936, $6,000,000, to remain available until expended:
Provided, That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget Act of
1974, as amended: Provided further, That these funds are available to
subsidize total loan principal, any part of which is to be guaranteed,
not to exceed $1,000,000,000.
In addition, for administrative expenses to carry out the guaranteed
loan program, not to exceed $3,725,000, which shall be transferred to
and merged with the appropriation for Operations and Training.
administrative provisions--maritime administration
Notwithstanding any other provision of this Act, the Maritime
Administration is authorized to furnish utilities and services and make
necessary repairs in connection with any lease, contract, or occupancy
involving Government property under control of the Maritime
Administration, and payments received therefore shall be credited to the
appropriation charged with the cost thereof: Provided, That rental
payments under any such lease, contract, or occupancy for items other
than such utilities, services, or repairs shall be covered into the
Treasury as miscellaneous receipts.
No obligations shall be incurred during the current fiscal year from
the construction fund established by the Merchant Marine
[[Page 112 STAT. 2681-105]]
Act, 1936, or otherwise, in excess of the appropriations and limitations
contained in this Act or in any prior appropriation Act, and all
receipts which otherwise would be deposited to the credit of said fund
shall be covered into the Treasury as miscellaneous receipts.
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For expenses for the Commission for the Preservation of America's
Heritage Abroad, $265,000, as authorized by section 1303 of Public Law
99-83.
Commission on Civil Rights
salaries and expenses
For necessary expenses of the Commission on Civil Rights, including
hire of passenger motor vehicles, $8,900,000: Provided, That not to
exceed $50,000 may be used to employ consultants: Provided further, That
none of the funds appropriated in this paragraph shall be used to employ
in excess of 4 full-time individuals under Schedule C of the Excepted
Service exclusive of 1 special assistant for each Commissioner: Provided
further, That none of the funds appropriated in this paragraph shall be
used to reimburse Commissioners for more than 75 billable days, with the
exception of the chairperson who is permitted 125 billable days.
Commission on Security and Cooperation In Europe
salaries and expenses
For necessary expenses of the Commission on Security and Cooperation
in Europe, as authorized by Public Law 94-304, $1,170,000, to remain
available until expended as authorized by section 3 of Public Law 99-7.
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act of 1964,
as amended (29 U.S.C. 206(d) and 621-634), the Americans with
Disabilities Act of 1990, and the Civil Rights Act of 1991, including
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles as authorized by 31 U.S.C. 1343(b); non-monetary awards to
private citizens; and not to exceed $29,000,000 for payments to State
and local enforcement agencies for services to the Commission pursuant
to title VII of the Civil Rights Act of 1964, as amended, sections 6 and
14 of the Age Discrimination in Employment Act, the Americans with
Disabilities Act of 1990, and the Civil Rights Act of 1991,
$279,000,000: Provided, That the Commission is authorized to make
available for official reception and representation expenses not to
exceed $2,500 from available funds.
[[Page 112 STAT. 2681-106]]
Federal Communications Commission
salaries and expenses
For necessary expenses of the Federal Communications Commission, as
authorized by law, including uniforms and allowances therefor, as
authorized by 5 U.S.C. 5901-02; not to exceed $600,000 for land and
structure; not to exceed $500,000 for improvement and care of grounds
and repair to buildings; not to exceed $4,000 for official reception and
representation expenses; purchase (not to exceed 16) and hire of motor
vehicles; special counsel fees; and services as authorized by 5 U.S.C.
3109, $192,000,000, of which not to exceed $300,000 shall remain
available until September 30, 2000, for research and policy studies:
Provided, That $172,523,000 of offsetting collections shall be assessed
and collected pursuant to section 9 of title I of the Communications Act
of 1934, as amended, and shall be retained and used for necessary
expenses in this appropriation, and shall remain available until
expended: Provided further, That the sum herein appropriated shall be
reduced as such offsetting collections are received during fiscal year
1999 so as to result in a final fiscal year 1999 appropriation estimated
at $19,477,000: Provided further, That any offsetting collections
received in excess of $172,523,000 in fiscal year 1999 shall remain
available until expended, but shall not be available for obligation
until October 1, 1999.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission as
authorized by section 201(d) of the Merchant Marine Act, 1936, as
amended (46 U.S.C. App. 1111), including services as authorized by 5
U.S.C. 3109; hire of passenger motor vehicles as authorized by 31 U.S.C.
1343(b); and uniforms or allowances therefor, as authorized by 5 U.S.C.
5901-02, $14,150,000: Provided, That not to exceed $2,000 shall be
available for official reception and representation expenses.
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission, including
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles; and not to exceed $2,000 for official reception and
representation expenses, $86,679,000: Provided, That not to exceed
$300,000 shall be available for use to contract with a person or persons
for collection services in accordance with the terms of 31 U.S.C. 3718,
as amended: Provided further, That, notwithstanding any other provision
of law, not to exceed $76,500,000 of offsetting collections derived from
fees collected for premerger notification filings under the Hart-Scott-
Rodino Antitrust Improvements Act of 1976 (15 U.S.C. 18(a)) shall be
retained and used for necessary expenses in this appropriation, and
shall remain available until expended: Provided further, That the sum
herein appropriated from the General Fund shall be reduced as such
[[Page 112 STAT. 2681-107]]
offsetting collections are received during fiscal year 1999, so as to
result in a final fiscal year 1999 appropriation from the General Fund
estimated at not more than $10,179,000, to remain available until
expended: Provided further, That none of the funds made available to the
Federal Trade Commission shall be available for obligation for expenses
authorized by section 151 of the Federal Deposit Insurance Corporation
Improvement Act of 1991 (Public Law 102-242, 105 Stat. 2282-2285).
Legal Services Corporation
For payment to the Legal Services Corporation to carry out the
purposes of the Legal Services Corporation Act of 1974, as amended,
$300,000,000, of which $289,000,000 is for basic field programs and
required independent audits; $2,015,000 is for the Office of Inspector
General, of which such amounts as may be necessary may be used to
conduct additional audits of recipients; and $8,985,000 is for
management and administration.
administrative provision--legal services corporation
None of the funds appropriated in this Act to the Legal Services
Corporation shall be expended for any purpose prohibited or limited by,
or contrary to any of the provisions of, sections 501, 502, 503, 504,
505, and 506 of Public Law 105-119, and all funds appropriated in this
Act to the Legal Services Corporation shall be subject to the same terms
and conditions set forth in such sections, except that all references in
sections 502 and 503 to 1997 and 1998 shall be deemed to refer instead
to 1998 and 1999, respectively.
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as authorized
by title II of Public Law 92-522, as amended, $1,240,000.
Commission on Ocean Policy
For necessary expenses of the Commission on Ocean Policy,
$3,500,000, to remain available until expended: Provided, That the funds
provided in this Act for the Commission on Ocean Policy shall become
available only upon the enactment of authorizing legislation.
Securities and Exchange Commission
salaries and expenses
For necessary expenses for the Securities and Exchange Commission,
including services as authorized by 5 U.S.C. 3109, the rental of space
(to include multiple year leases) in the District of Columbia and
elsewhere, and not to exceed $3,000 for official
[[Page 112 STAT. 2681-108]]
reception and representation expenses, $23,000,000; and, in addition, to
remain available until expended, from fees collected in fiscal year
1998, $87,000,000, and from fees collected in fiscal year 1999,
$214,000,000; of which not to exceed $10,000 may be used toward funding
a permanent secretariat for the International Organization of Securities
Commissions; and of which not to exceed $100,000 shall be available for
expenses for consultations and meetings hosted by the Commission with
foreign governmental and other regulatory officials, members of their
delegations, appropriate representatives and staff to exchange views
concerning developments relating to securities matters, development and
implementation of cooperation agreements concerning securities matters
and provision of technical assistance for the development of foreign
securities markets, such expenses to include necessary logistic and
administrative expenses and the expenses of Commission staff and foreign
invitees in attendance at such consultations and meetings including: (1)
such incidental expenses as meals taken in the course of such
attendance; (2) any travel and transportation to or from such meetings;
and (3) any other related lodging or subsistence: Provided, That fees
and charges authorized by sections 6(b)(4) of the Securities Act of 1933
(15 U.S.C. 77f(b)(4)) and 31(d) of the Securities Exchange Act of 1934
(15 U.S.C. 78ee(d)) shall be credited to this account as offsetting
collections.
Small Business Administration
For necessary expenses, not otherwise provided for, of the Small
Business Administration as authorized by Public Law 103-403, including
hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and
1344, and not to exceed $3,500 for official reception and representation
expenses, $288,300,000, of which: $3,500,000 shall be available for a
grant to the NTTC at Wheeling Jesuit University to continue the outreach
program to assist small business development; $4,000,000 shall be
available for a grant for Western Carolina University to develop a
facility to assist in small business and rural economic development;
$2,000,000 shall be available for a grant for the City of Hazard,
Kentucky for a Center for Rural Law Enforcement Technology and Training;
$1,500,000 shall be available for a grant to the State University of New
York to develop a facility and operate the Institute of Entrepreneurship
for small business and workforce development; $1,500,000 shall be
available for a grant for Pikeville College for a telemedicine learning
and resource center; $1,000,000 shall be available for a grant for the
Center for Excellence in Marine Science Education at Southampton
College; $1,000,000 shall be for a grant to King's College in Wilkes-
Barre, Pennsylvania, for the commercialization of pulverization
technologies; $850,000 shall be available for a grant for the Carbondale
Technology Transfer Center in Lackawanna County, Pennsylvania;
$1,000,000 shall be available for a grant for the Institute for Software
Research in Fairmont, West Virginia, for Institute operations and to
further develop their capability to perform basic and applied research
aimed at software engineering, biometrics, image processing and
networks; $500,000 shall be available for a grant for the Altoona
Science and Technology Research Academy in Altoona, Pennsylvania;
$200,000 shall be available for a grant to the City of Prestonburg,
Kentucky for a regional
[[Page 112 STAT. 2681-109]]
arts and tourism center; $300,000 shall be available for a grant for the
City of Parkersburg, West Virginia for infrastructure improvements,
facility upgrades, and property acquisition associated with community
non-profit service and enrichment projects; $200,000 shall be available
for a grant for the Vandalia Heritage Foundation to fulfill its charter
purposes; $1,000,000 shall be available for a grant for the Moundsville
Economic Development Council to work in conjunction with the Office of
Law Enforcement Technology Commercialization for the establishment of
the National Corrections and Law Enforcement Training and Technology
Center, and for infrastructure improvements associated with this
initiative; and $250,000 shall be available for a grant for
the Johnstown Area Regional Industries Defense Procurement Center to
establish a Year 2000 challenge grant program to assist small businesses
that rely heavily on the Federal Government's acquisition system for
their livelihood, and help provide a solution to the Year 2000 computer
problem: Provided, That the Administrator is authorized to charge fees
to cover the cost of publications developed by the Small Business
Administration, and certain loan servicing activities: Provided further,
That, notwithstanding 31 U.S.C. 3302, revenues received from all such
activities shall be credited to this account, to be available for
carrying out these purposes without further appropriations: Provided
further, That $82,000,000 shall be available to fund grants for
performance in fiscal year 1999 or fiscal year 2000 as authorized by
section 21 of the Small Business Act, as amended.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended (5 U.S.C. App.), $10,800,000.
business loans program account
For the cost of direct loans, $2,200,000, to be available until
expended; and for the cost of guaranteed loans, $128,030,000, as
authorized by 15 U.S.C. 631 note, of which $45,000,000 shall remain
available until September 30, 2000: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974, as amended: Provided further, That
of the funds previously made available under Public Law 105-135, section
507(g), for the Delta Loan program, up to $20,000,000 may be transferred
to and merged with the appropriations for salaries and expenses:
Provided further, That during fiscal year 1999, commitments to guarantee
loans under section 503 of the Small Business Investment Act of 1958, as
amended, shall not exceed the amount of financings authorized under
section 20(d)(1)(B)(ii) of the Small Business Act, as amended: Provided
further, That during fiscal year 1999, commitments for general business
loans authorized under section 7(a) of the Small Business Act, as
amended, shall not exceed $10,000,000,000 without prior notification of
the Committees on Appropriations of the House of Representatives and
Senate in accordance with section 605 of this Act.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $94,000,000, which may be
[[Page 112 STAT. 2681-110]]
transferred to and merged with the appropriations for Salaries and
Expenses.
disaster loans program account
For the cost of direct loans authorized by section 7(b) of the Small
Business Act, as amended, $76,329,000, to remain available until
expended: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974, as amended.
In addition, for administrative expenses to carry out the direct
loan program, $116,000,000, which may be transferred to and merged with
appropriations for Salaries and Expenses, including $500,000 for the
Office of Inspector General of the Small Business Administration for
audits and reviews of disaster loans and the disaster loan program, and
said sums shall be transferred to and merged with appropriations for the
Office of Inspector General.
For additional capital for the ``Surety Bond Guarantees Revolving
Fund'', authorized by the Small Business Investment Act, as amended,
$3,300,000, to remain available without fiscal year limitation as
authorized by 15 U.S.C. 631 note.
Not to exceed 5 percent of any appropriation made available for the
current fiscal year for the Small Business Administration in this Act
may be transferred between such appropriations, but no such
appropriation shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this paragraph shall
be treated as a reprogramming of funds under section 605 of this Act and
shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
State Justice Institute
For necessary expenses of the State Justice Institute, as authorized
by the State Justice Institute Authorization Act of 1992 (Public Law
102-572 (106 Stat. 4515-4516)), $6,850,000, to remain available until
expended: Provided, That not to exceed $2,500 shall be available for
official reception and representation expenses.
TITLE VI--GENERAL PROVISIONS
Sec. 601. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes not authorized by the
Congress.
Sec. 602. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 603. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to 5
U.S.C. 3109, shall be limited to those contracts where such expenditures
are a matter of public record and available
[[Page 112 STAT. 2681-111]]
for public inspection, except where otherwise provided under existing
law, or under existing Executive order issued pursuant to existing law.
Sec. 604. If any provision of this Act or the application of such
provision to any person or circumstances shall be held invalid, the
remainder of the Act and the application of each provision to persons or
circumstances other than those as to which it is held invalid shall not
be affected thereby.
Sec. 605. (a) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by this Act
that remain available for obligation or expenditure in fiscal year 1999,
or provided from any accounts in the Treasury of the United States
derived by the collection of fees available to the agencies funded by
this Act, shall be available for obligation or expenditure through a
reprogramming of funds which: (1) creates new programs; (2) eliminates a
program, project, or activity; (3) increases funds or personnel by any
means for any project or activity for which funds have been denied or
restricted; (4) relocates an office or employees; (5) reorganizes
offices, programs, or activities; or (6) contracts out or privatizes any
functions, or activities presently performed by Federal employees;
unless the Appropriations Committees of both Houses of Congress are
notified 15 days in advance of such reprogramming of funds.
(b) None of the funds provided under this Act, or provided under
previous appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in fiscal year 1999, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure for activities,
programs, or projects through a reprogramming of funds in excess of
$500,000 or 10 percent, whichever is less, that: (1) augments existing
programs, projects, or activities; (2) reduces by 10 percent funding for
any existing program, project, or activity, or numbers of personnel by
10 percent as approved by Congress; or (3) results from any general
savings from a reduction in personnel which would result in a change in
existing programs, activities, or projects as approved by Congress;
unless the Appropriations Committees of both Houses of Congress are
notified 15 days in advance of such reprogramming of funds.
Sec. 606. None of the funds made available in this Act may be used
for the construction, repair (other than emergency repair), overhaul,
conversion, or modernization
of vessels for the National Oceanic and Atmospheric Administration in
shipyards located outside of the United States.
Sec. 607. (a) Purchase of American-Made Equipment and Products.--It
is 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.
(b) Notice Requirement.--In providing financial assistance to, or
entering into any contract with, any entity using funds made available
in this Act, the head of each Federal agency, to the greatest extent
practicable, shall provide to such entity a notice describing the
statement made in subsection (a) by the Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling Products
as Made in America.--If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any
[[Page 112 STAT. 2681-112]]
inscription with the same meaning, to any product sold in or shipped to
the United States that is not made in the United States, the person
shall be ineligible to receive any contract or subcontract made with
funds made available in this Act, pursuant to the debarment, suspension,
and ineligibility procedures described in sections 9.400 through 9.409
of title 48, Code of Federal Regulations.
Sec. 608. None of the funds made available in this Act may be used
to implement, administer, or enforce any guidelines of the Equal
Employment Opportunity Commission covering harassment based on religion,
when it is made known to the Federal entity or official to which such
funds are made available that such guidelines do not differ in any
respect from the proposed guidelines published by the Commission on
October 1, 1993 (58 Fed. Reg. 51266).
Sec. 609. None of the funds appropriated or otherwise made available
by this Act may be obligated or expended to pay for any cost incurred
for: (1) opening or operating any United States diplomatic or consular
post in the Socialist Republic of Vietnam that was not operating on July
11, 1995; (2) expanding any United States diplomatic or consular post in
the Socialist Republic of Vietnam that was operating on July 11, 1995;
or (3) increasing the total number of personnel assigned to United
States diplomatic or consular posts in the Socialist Republic of Vietnam
above the levels existing on July 11, 1995; unless the President
certifies within 60 days the following:
(A) Based upon all information available to the United
States Government, the Government of the Socialist Republic of
Vietnam is fully cooperating in good faith with the United
States in the following:
(i) Resolving discrepancy cases, live sightings, and
field activities.
(ii) Recovering and repatriating American remains.
(iii) Accelerating efforts to provide documents that
will help lead to fullest possible accounting of
prisoners of war and missing in action.
(iv) Providing further assistance in implementing
trilateral investigations with Laos.
(B) The remains, artifacts, eyewitness accounts, archival
material, and other evidence associated with prisoners of war
and missing in action recovered from crash sites, military
actions, and other locations in Southeast Asia are being
thoroughly analyzed by the appropriate laboratories with the
intent of providing surviving relatives with scientifically
defensible, legal determinations of death or other
accountability that are fully documented and available in
unclassified and unredacted form to immediate family members.
Sec. 610. None of the funds made available by this Act may be used
for any United Nations undertaking when it is made known to the Federal
official having authority to obligate or expend such funds: (1) that the
United Nations undertaking is a peacekeeping mission; (2) that such
undertaking will involve United States Armed Forces under the command or
operational control of a foreign national; and (3) that the President's
military advisors have not submitted to the President a recommendation
that such involvement is in the national security interests of the
United States and the President has not submitted to the Congress such a
recommendation.
[[Page 112 STAT. 2681-113]]
Sec. 611. None of the funds made available in this Act shall be used
to provide the following amenities or personal comforts in the Federal
prison system--
(1) in-cell television viewing except for prisoners who are
segregated from the general prison population for their own
safety;
(2) the viewing of R, X, and NC-17 rated movies, through
whatever medium presented;
(3) any instruction (live or through broadcasts) or training
equipment for boxing, wrestling, judo, karate, or other martial
art, or any bodybuilding or weightlifting equipment of any sort;
(4) possession of in-cell coffee pots, hot plates or heating
elements; or
(5) the use or possession of any electric or electronic
musical instrument.
Sec. 612. None of the funds made available in title II for the
National Oceanic and Atmospheric Administration (NOAA) under the
headings ``Operations, Research, and Facilities'' and ``Procurement,
Acquisition and Construction'' may be used to implement sections 603,
604, and 605 of Public Law 102-567: Provided, That NOAA may develop a
modernization plan for its fisheries research vessels that takes fully
into account opportunities for contracting for fisheries surveys.
Sec. 613. Any costs incurred by a department or agency funded under
this Act resulting from personnel actions taken in response to funding
reductions included in this Act shall be absorbed within the total
budgetary resources available to such department or agency: Provided,
That the authority to transfer funds between appropriations accounts as
may be necessary to carry out this section is provided in addition to
authorities included elsewhere in this Act: Provided further, That use
of funds to carry out this section shall be treated as a reprogramming
of funds under section 605 of this Act and shall not be available for
obligation or expenditure except in compliance with the procedures set
forth in that section.
Sec. 614. None of the funds made available in this Act to the
Federal Bureau of Prisons may be used to distribute or make available
any commercially published information or material to a prisoner when it
is made known to the Federal official having authority to obligate or
expend such funds that such information or material is sexually explicit
or features nudity.
Sec. 615. Of the funds appropriated in this Act under the heading
``Office of Justice Programs--State and Local Law Enforcement
Assistance'', not more than 90 percent of the amount to be awarded to an
entity under the Local Law Enforcement Block Grant shall be made
available to such an entity when it is made known to the Federal
official having authority to obligate or expend such funds that the
entity that employs a public safety officer (as such term is defined in
section 1204 of title I of the Omnibus Crime Control and Safe Streets
Act of 1968) does not provide such a public safety officer who retires
or is separated from service due to injury suffered as the direct and
proximate result of a personal injury sustained in the line of duty
while responding to an emergency situation or a hot pursuit (as such
terms are defined by State law) with the same or better level of health
[[Page 112 STAT. 2681-114]]
insurance benefits at the time of retirement or separation as they
received while on duty.
Sec. 616. (a) None of the funds appropriated or otherwise made
available in this Act shall be used to issue visas to any person who--
(1) has been credibly alleged to have ordered, carried out,
or materially assisted in the extrajudicial and political
killings of Antoine Izmery, Guy Malary, Father Jean-Marie
Vincent, Pastor Antoine Leroy, Jacques Fleurival, Mireille
Durocher Bertin, Eugene Baillergeau, Michelange Hermann, Max
Mayard, Romulus Dumarsais, Claude Yves Marie, Mario Beaubrun,
Leslie Grimar, Joseph Chilove, Michel Gonzalez, and Jean-Hubert
Feuille;
(2) has been included in the list presented to former
President Jean-Bertrand Aristide by former National Security
Council Advisor Anthony Lake in December 1995, and acted upon by
President Rene Preval;
(3) was sought for an interview by the Federal Bureau of
Investigation as part of its inquiry into the March 28, 1995,
murder of Mireille Durocher Bertin and Eugene Baillergeau, Jr.,
and was credibly alleged to have ordered, carried out, or
materially assisted in those murders, per a June 28, 1995,
letter to the then Minister of Justice of the Government of
Haiti, Jean-Joseph Exume;
(4) was a member of the Haitian High Command during the
period 1991 through 1994, and has been credibly alleged to have
planned, ordered, or participated with members of the Haitian
Armed Forces in--
(A) the September 1991 coup against any person who
was a duly elected government official of Haiti (or a
member of the family of such official), or
(B) the murders of thousands of Haitians during the
period 1991 through 1994; or
(5) has been credibly alleged to have been a member of the
paramilitary organization known as FRAPH who planned, ordered,
or participated in acts of violence against the Haitian people.
(b) Exemption.--Subsection (a) shall not apply if the Secretary of
State finds, on a case-by-case basis, that the entry into the United
States of a person who would otherwise be excluded under this section is
necessary for medical reasons or such person has cooperated fully with
the investigation of these political murders. If the Secretary of State
exempts any such person, the Secretary shall notify the appropriate
congressional committees in writing.
(c) Reporting Requirement.--(1) The United States chief of mission
in Haiti shall provide the Secretary of State a list of those who have
been credibly alleged to have ordered or carried out the extrajudicial
and political killings mentioned in paragraph (1) of subsection (a).
(2) The Secretary of State shall submit the list provided under
paragraph (1) to the appropriate congressional committees not later than
3 months after the date of enactment of this Act.
(3) The Secretary of State shall submit to the appropriate
congressional committees a list of aliens denied visas, and the Attorney
General shall submit to the appropriate congressional committees a list
of aliens refused entry to the United States as a result of this
provision.
[[Page 112 STAT. 2681-115]]
(4) The Secretary of State shall submit a report under this
subsection not later than 6 months after the date of enactment of this
Act and not later than March 1 of each year thereafter as long as the
Government of Haiti has not completed the investigation of the
extrajudicial and political killings and has not prosecuted those
implicated for the killings specified in paragraph (1) of subsection
(a).
(d) Definition.--In this section, the term ``appropriate
congressional committees'' means the Committee on International
Relations and the Committee on Appropriations of the House of
Representatives and the Committee on Foreign Relations and the Committee
on Appropriations of the Senate.
Sec. 617. (a) None of the funds made available in this Act may be
used to issue or renew a fishing permit or authorization for any fishing
vessel of the United States greater than 165 feet in registered length
or of more than 750 gross registered tons, and that has an engine or
engines capable of producing a total of more than 3,000 shaft
horsepower--
(1) as specified in the permit application required under
part 648.4(a)(5) of title 50, Code of Federal Regulations, part
648.12 of title 50, Code of Federal Regulations, and the
authorization required under part 648.80(d)(2) of title 50, Code
of Federal Regulations, to engage in fishing for Atlantic
mackerel or herring (or both) under the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.); or
(2) that would allow such a vessel to engage in the
catching, taking, or harvesting of fish in any other fishery
within the exclusive economic zone of the United States (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, and such fishery endorsement was
not surrendered at any time thereafter.
(b) Any fishing permit or authorization issued or renewed prior to
the date of the enactment of this Act for a fishing vessel to which the
prohibition in subsection (a)(1) applies that would allow such vessel to
engage in fishing for Atlantic mackerel or herring (or both) during
fiscal year 1999 shall be null and void, and none of the funds made
available in this Act may be used to issue a fishing permit or
authorization that would allow a vessel whose permit or authorization
was made null and void pursuant to this subsection to engage in the
catching, taking, or harvesting of fish in any other fishery within the
exclusive economic zone of the United States.
Sec. 618. None of the funds provided by this Act shall be available
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 tobacco or tobacco products, except for restrictions which
are not applied equally to all tobacco or tobacco products of the same
type.
Sec. 619. None of the funds made available in this Act may be used
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. 620. Section 1303 of the International Security and Development
Corporation Act of 1985 (16 U.S.C. 469j) is amended in subsection (e),
by striking ``three'' and inserting ``six''.
[[Page 112 STAT. 2681-116]]
Sec. 621. None of the funds appropriated pursuant to this Act or any
other provision of law may be used for (1) the implementation of any tax
or fee in connection with the implementation of 18 U.S.C. 922(t); (2)
any system to implement 18 U.S.C. 922(t) that does not require and
result in the destruction of any identifying information submitted by or
on behalf of any person who has been determined not to be prohibited
from owning a firearm.
Sec. 622. Not later than 60 days after the date of enactment of this
Act, the United States Trade Representative (in this section referred to
as the ``Trade Representative'') shall report to Congress on the Trade
Representative's analysis regarding--
(1) whether the Korean Government provided subsidies to
Hanbo Steel;
(2) whether such subsidies had an adverse effect on United
States companies;
(3) the status of the Trade Representative's contacts with
the Korean Government with respect to industry concerns
regarding Hanbo Steel and efforts to eliminate subsidies; and
(4) the status of the Trade Representative's contacts with
other Asian trading partners regarding the adverse effect of
Korean steel subsidies on such trading partners.
(b) The report described in subsection (a) shall also include
information on the status of any investigations initiated as a result of
press reports that the Korean Government ordered Pohang Iron and Steel
Company, in which the Government owns a controlling interest, to sell
steel in Korea at a price that is 30 percent lower than the
international market prices.
Sec. 623. None of the funds made available in this or any other Act
may be used to implement, administer, or enforce Executive Order No.
13083 (titled ``Federalism'' and dated May 14, 1998).
Sec. 624. (a) Section 118 of title 28, United States Code, is
amended--
(1) in subsection (a) by striking ``Philadelphia, and
Schuylkill'' and inserting ``and Philadelphia''; and
(2) in subsection (b) by inserting ``Schuylkill,'' after
``Potter,''.
<<NOTE: Effective date. 28 USC 118 note.>> (b)(1) This section and
the amendments made by this section shall take effect 180 days after the
date of the enactment of this Act.
(2) This section and the amendments made by this section shall not
affect any action commenced before the effective date of this section
and pending on such date in the United States District Court for the
Eastern District of Pennsylvania.
(3) This section and the amendments made by this section shall not
affect the composition, or preclude the service, of any grand or petit
jury summoned, impaneled, or actually serving on the effective date of
this section.
Sec. 625. Beginning 60 days from the date of enactment of this Act,
none of the funds appropriated or otherwise made available by this Act
may be made available for the participation by delegates of the United
States to the Standing Consultative Commission unless the President
certifies and so reports to the Committees on Appropriations that the
United States 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
[[Page 112 STAT. 2681-117]]
Systems of May 26, 1972, entered into in New York on September 26, 1997,
by the United States, Russia, Kazakhstan, Belarus, and Ukraine, or until
the Senate provides its advice and consent to the Memorandum of
Understanding.
Sec. 626. (a) Notwithstanding any other provisions of this Act,
appropriations and funds made available and authority granted pursuant
to this Act (the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 1999) shall cease to
be available after June 15, 1999.
(b) Appropriations and funds made available by or authority granted
pursuant to the Act referenced in subsection (a) shall be apportioned
under section 1513 of title 31, United States Code, in the manner
established for funds provided by a joint resolution making continuing
appropriations.
(c) Appropriations made and authority granted pursuant to the Act
referenced in subsection (a) shall cover all obligations or expenditures
incurred for any program, project or activity during the period for
which funds or authority for such project or activity are available
under such Act.
(d) Expenditures made during the period for which funds or authority
are available under such Act shall be charged to the full-year amount
provided for the applicable appropriation, fund, or authorization.
TITLE VII--RESCISSIONS
DEPARTMENT OF JUSTICE
General Administration
working capital fund
Of the unobligated balances available under this heading on
September 30, 1998, $99,000,000 are rescinded.
Legal Activities
Of the unobligated balances available under this heading, $2,000,000
are rescinded.
Federal Bureau of Investigation
Of the funds provided in previous Acts, the following funds are
hereby rescinded from the following accounts in the specified amounts:
``Construction, 1998'', $4,000,000;
``Salaries and Expenses, no year'', $6,400,000;
``Violent Crime Reduction Program, 1996'', $2,000,000; and
[[Page 112 STAT. 2681-118]]
``Violent Crime Reduction Program, 1997'', $300,000.
Immigration and Naturalization Service
Of the unobligated balances available under this heading, $5,000,000
are rescinded.
DEPARTMENT OF COMMERCE
Of the funds provided in previous Acts, the following funds are
hereby rescinded from the following accounts in the specified amounts:
``United States Travel and Tourism Administration, no
year'', $915,000; and
``Endowment for Children's Educational TV, no year'',
$1,175,000.
National Institute of Standards and Technology
Of the unobligated balances available under this heading for the
Advanced Technology Program, $6,000,000 are rescinded.
DEPARTMENT OF TRANSPORTATION
Maritime Administration
Of the unobligated balances available under this heading,
$17,000,000 are rescinded.
TITLE VIII
SEC. 801. ETHICAL STANDARDS FOR FEDERAL PROSECUTORS.
(a) In General.--Chapter 31 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 530B. Ethical standards for attorneys for the Government
``(a) An attorney for the Government shall be subject to State laws
and rules, and local Federal court rules, governing attorneys in each
State where such attorney engages in that attorney's duties, to the same
extent and in the same manner as other attorneys in that State.
``(b) The Attorney General shall make and amend rules of the
Department of Justice to assure compliance with this section.
``(c) As used in this section, the term `attorney for the
Government' includes any attorney described in section 77.2(a) of part
[[Page 112 STAT. 2681-119]]
77 of title 28 of the Code of Federal Regulations and also includes any
independent counsel, or employee of such a counsel, appointed under
chapter 40.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 31 of title 28, United States Code, is amended by adding at the
end the following new item:
``530B. Ethical standards for attorneys for the Government.''.
<<NOTE: 28 USC 530B note.>> (c) Effective Date.--The amendments
made by this section shall take effect 180 days after the date of the
enactment of this Act and shall apply during that portion of fiscal year
1999 that follows that taking effect, and in each succeeding fiscal
year.
<<NOTE: National Whale Conservation Fund Act of 1998. 16 USC 3701
note. 16 USC 3703 note.>> TITLE IX NATIONAL WHALE CONSERVATION FUND ACT
Sec. 901. Short Title. This title may be cited as the ``National
Whale Conservation Fund Act of 1998''.
Sec. 902. Findings. Congress finds that--
(1) the populations of whales that occur in waters of the
United States are resources of substantial ecological,
scientific, socioeconomic, and esthetic value;
(2) whale populations--
(A) form a significant component of marine
ecosystems;
(B) are the subject of intense research;
(C) provide for a multimillion dollar whale watching
tourist industry that provides the public an opportunity
to enjoy and learn about great whales and the ecosystems
of which the whales are a part; and
(D) are of importance to Native Americans for
cultural and subsistence purposes;
(3) whale populations are in various stages of recovery, and
some whale populations, such as the northern right whale
(Eubaleana glacialis) remain perilously close to extinction;
(4) the interactions that occur between ship traffic,
commercial fishing, whale watching vessels, and other
recreational vessels and whale populations may affect whale
populations adversely;
(5) the exploration and development of oil, gas, and hard
mineral resources, marine debris, chemical pollutants, noise,
and other anthropogenic sources of change in the habitat of
whales may affect whale populations adversely;
(6) the conservation of whale populations is subject to
difficult challenges related to--
(A) the migration of whale populations across
international boundaries;
(B) the size of individual whales, as that size
precludes certain conservation research procedures that
may be used for other animal species, such as captive
research and breeding;
(C) the low reproductive rates of whales that
require long-term conservation programs to ensure
recovery of whale populations; and
(D) the occurrence of whale populations in offshore
waters where undertaking research, monitoring, and
conservation measures is difficult and costly;
(7)(A) the Secretary of Commerce, through the Administrator
of the National Oceanic and Atmospheric Administration,
[[Page 112 STAT. 2681-120]]
has research and regulatory responsibility for the conservation
of whales under the Marine Mammal Protection Act of 1972 (16
U.S.C. 1361 et seq.); and
(B) the heads of other Federal agencies and the Marine
Mammal Commission established under section 201 of the Marine
Mammal Protection Act of 1972 (16 U.S.C. 1401) have related
research and management activities under the Marine Mammal
Protection Act of 1972 or the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.);
(8) the funding available for the activities described in
paragraph (8) is insufficient to support all necessary whale
conservation and recovery activities; and
(9) there is a need to facilitate the use of funds from non-
Federal sources to carry out the conservation of whales.
Sec. 903. National Whale Conservation Fund. Section 4 of the
National Fish and Wildlife Establishment Act (16 U.S.C. 3703) is amended
by adding at the end the following:
``(f)(1) In carrying out the purposes under section 2(b), the
Foundation may establish a national whale conservation endowment fund,
to be used by the Foundation to support research, management activities,
or educational programs that contribute to the protection, conservation,
or recovery of whale populations in waters of the United States.
``(2)(A) In a manner consistent with subsection (c)(1), the
Foundation may--
``(i) accept, receive, solicit, hold, administer, and use
any gift, devise, or bequest made to the Foundation for the
express purpose of supporting whale conservation; and
``(ii) deposit in the endowment fund under paragraph (1) any
funds made available to the Foundation under this subparagraph,
including any income or interest earned from a gift, devise, or
bequest received by the Foundation under this subparagraph.
``(B) To raise funds to be deposited in the endowment fund under
paragraph (1), the Foundation may enter into appropriate arrangements to
provide for the design, copyright, production, marketing, or licensing,
of logos, seals, decals, stamps, or any other item that the Foundation
determines to be appropriate.
``(C)(i) The Secretary of Commerce may transfer to the Foundation
for deposit in the endowment fund under paragraph (1) any amount (or
portion thereof) received by the Secretary under section 105(a)(1) of
the Marine Mammal Protection Act of 1972 (16 U.S.C. 1375(a)(1)) as a
civil penalty assessed by the Secretary under that section.
``(ii) The Directors of the Board shall ensure that any amounts
transferred to the Foundation under clause (i)
for the endowment fund under paragraph (1) are deposited in that fund in
accordance with this subparagraph.
``(3) It is the intent of Congress that in making expenditures from
the endowment fund under paragraph (1) to carry out activities specified
in that paragraph, the Foundation should give priority to funding
projects that address the conservation of populations of whales that the
Foundation determines--
``(A) are the most endangered (including the northern right
whale (Eubaleana glacialis)); or
[[Page 112 STAT. 2681-121]]
``(B) most warrant, and are most likely to benefit from,
research management, or educational activities that may be
funded with amounts made available from the fund.
``(g) In carrying out any action on the part of the Foundation under
subsection (f), the Directors of the Board shall consult with the
Administrator of the National Oceanic and Atmospheric Administration and
the Marine Mammal Commission.''.
This Act may be cited as the ``Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations Act, 1999''.
(c) For programs, projects or activities in the District of Columbia
Appropriations Act, 1999, provided as follows, to be effective as if it
had been enacted into law as the regular appropriations Act:
FEDERAL FUNDS
Metrorail Improvements and Expansion
For a 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, $25,000,000, to remain available until
expended.
Federal Payment for Management Reform
For payment to the District of Columbia, $25,000,000, to remain
available until September 30, 1999, which shall be deposited into an
escrow account of the District of Columbia Financial Responsibility and
Management Assistance Authority and shall be disbursed from such escrow
account by the Authority pursuant to the instructions of the Authority
only for a program of management reform pursuant to sections 11101-11106
of the District of Columbia Management Reform Act of 1997, Public Law
105-33.
Federal Payment for Boys Town U.S.A. Operations in the District of
Columbia
For a Federal contribution of $7,100,000 to be paid to the Board of
Trustees of Boys Town U.S.A. for expansion of the operations of Boys
Town of Washington, located at 4801 Sargent Road, Northeast, said funds
to be allocated as follows: $4,700,000 in capital costs for the
construction of one emergency short-term residential center and four
long-term residential homes in the District of Columbia; and $2,400,000
in first-year operating expenses for said facilities: Provided, That
said Board of Trustees shall provide quarterly financial reports during
fiscal year 1999 on the expenditure of said funds to the Committees on
Appropriations of the Senate and House of Representatives, the Committee
on Governmental Affairs of the Senate, and the Committee on Government
Reform and Oversight of the House of Representatives.
[[Page 112 STAT. 2681-122]]
Nation's Capital Infrastructure Fund
For a Federal contribution to the District of Columbia towards the
costs of infrastructure needs, which shall be deposited into an escrow
account of the District of Columbia Financial Responsibility and
Management Assistance Authority and disbursed by the Authority from such
account for the repair and maintenance of public safety facilities in
the District of Columbia, $18,778,000, to remain available until
expended.
Environmental Study and Related Activities at Lorton Correctional
Complex
For a Federal contribution for an environmental study and related
activities at the property on which the Lorton Correctional Complex is
located, to be transferred to the Federal agency with authority over the
Complex, $7,000,000, to remain available until expended.
Federal Payment to the District of Columbia Corrections Trustee
Operations
For payment to the District of Columbia Corrections Trustee,
$184,800,000 for the administration and operation of correctional
facilities and for the administrative operating costs of the Office of
the Corrections Trustee, as authorized by section 11202 of the National
Capital Revitalization and Self-Government Improvement Act of 1997,
Public Law 105-33; of which $177,385,000 shall be available for expenses
incurred in connection with the housing, in both private, District of
Columbia and Federal facilities, of the sentenced adult felon population
of the District of Columbia; $4,225,000 shall be available for personnel
initiatives in the District of Columbia Department of Corrections;
$750,000 shall be available for a system of internal controls and audits
within the Department of Corrections; and $2,440,000 shall be available
for administrative expenses: Provided, That, notwithstanding any other
provision of law, and consistent with regulations and guidance governing
the use of Federal funds by grantees, funds appropriated in this Act for
the District of Columbia Corrections Trustee shall be transferred by the
Secretary of the Treasury to said Trustee only as funds are needed to
pay properly incurred obligations.
Federal Payment to the District of Columbia Courts
Notwithstanding any other provision of law, $128,000,000 for payment
to the Joint Committee on Judicial Administration in the District of
Columbia; of which not to exceed $121,000,000 shall be for District of
Columbia Courts operation, to be allocated as follows: for the District
of Columbia Court of Appeals, $7,839,000 and 96 full-time equivalent
(FTE) positions; for the District of Columbia Superior Court,
$72,419,000 and 1,017 FTE's; for the District of Columbia court system,
$40,742,000 and 120 FTE's; and $7,000,000 shall be for capital
improvements for District of Columbia courthouse facilities: Provided,
That of amounts available for District of Columbia Courts operation, not
to exceed $6,900,000 shall be for the Counsel for Child Abuse and
Neglect program pursuant to section 1101 of title 11, D.C. Code, and
section 2304 of title 16, D.C. Code, and of which not to exceed
$25,036,000
[[Page 112 STAT. 2681-123]]
shall be to carry out sections 2602 and 2604 of title 11, D.C. Code,
relating to representation of indigents in criminal cases under the
Criminal Justice Act, in total, $31,936,000: Provided further, That
subject to normal reprogramming requirements contained in section 116 of
this Act, this $31,936,000 may be used for other purposes under this
heading: Provided further, That all amounts under this heading shall be
paid quarterly by the Treasury of the United States based on quarterly
apportionments approved by the Office of Management and Budget, with
payroll and financial services to be provided on a contractual basis
with the General Services Administration [GSA], said services to include
the preparation of monthly financial reports, copies of which shall be
submitted directly by GSA to the President and to the Committees on
Appropriations of the Senate and House of Representatives, the Committee
on Governmental Affairs of the Senate, and the Committee on Government
Reform and Oversight of the House of Representatives.
Federal Payment to the District of Columbia Offender Supervision,
Defender, and Court Services Agency
For payment to the District of Columbia Offender Supervision,
Defender, and Court Services Agency, $59,400,000, as authorized by the
National Capital Revitalization and Self-Government Improvement Act of
1997, Public Law 105-33; of which $33,802,000 shall be for necessary
expenses of Parole Revocation, Adult Probation and Offender Supervision,
to include expenses relating to supervision of adults subject to
protection orders or provision of services for or related to such
persons; $14,486,000 shall be available to the Public Defender Service;
and $11,112,000 shall be available to the Pretrial Services Agency:
Provided, That, notwithstanding any other provision of law, and
consistent with regulations and guidance governing the use of Federal
funds by grantees, funds appropriated in this Act for the District of
Columbia Offender Trustee shall be transferred by the Secretary of the
Treasury to said Trustee only as funds are needed to pay properly
incurred obligations.
Federal Payment for Metropolitan Police Department
For payment to the Metropolitan Police Department, $1,200,000, for
the administration and operating costs of the Citizen Complaint Review
Office.
Federal Payment for Fire Department
For payment to the Fire Department, $3,240,000, for a 5.5 percent
pay increase to be effective and paid to firefighters beginning October
1, 1998.
Federal Payment to the Georgetown Waterfront Park Fund
For payment to the Georgetown Waterfront Park Fund, $1,000,000 for
the construction and landscaping of Georgetown Waterfront Park, property
described on the District of Columbia Surveyor's Plat Number S.O. 84-
230: Provided, That the Georgetown Waterfront Park Fund provide an
amount equal to one dollar
[[Page 112 STAT. 2681-124]]
for every dollar expended, in cash or in kind, to carry out the
activities supported by the grant.
Federal Payment to Historical Society for City Museum
For a Federal payment to the Historical Society of Washington, D.C.,
for the establishment and operation of a Museum of the City of
Washington, D.C. at the Carnegie Library at Mount Vernon Square,
$2,000,000, to remain available until expended, to be deposited in a
separate account of the Society used exclusively for the establishment
and operation of such Museum: Provided, That the Secretary of the
Treasury shall make such payment in quarterly installments, and the
amount of the installment for a quarter shall be equal to the amount of
matching funds that the Society has deposited into such account for the
quarter (as certified by the Inspector General of the District of
Columbia): Provided further, That notwithstanding any other provision of
law, not later than January 1, 1999, the District of Columbia shall
enter into an agreement with the Society under which the District of
Columbia shall lease the Carnegie Library at Mount Vernon Square to the
Society beginning on such date for 99 years at a rent of $1 per year for
use as a city museum.
Federal Payment for a National Museum of American Music and for Downtown
Revitalization
For a Federal contribution to the District of Columbia to establish
a National Museum of American Music and for downtown revitalization,
$700,000 which shall be deposited into an escrow account held by the
District of Columbia Financial Responsibility and Management Assistance
Authority, to remain available until expended: Provided, That $300,000
shall be available from this appropriation for the Federal City Council
to conduct a needs and design study for a National Museum of American
Music: Provided further, That $300,000 shall be available from this
appropriation for the Washington Center Alliance to further and promote
the objectives of the Interactive Downtown Task Force: Provided further,
That $100,000 shall be paid to Save New York Avenue, Inc., for the
further improvement of that portion of New York Avenue designated as the
Capital Gateway Corridor.
United States Park Police
For a Federal payment to the United States Park Police, $8,500,000,
to acquire, modify and operate a helicopter and to make necessary
capital expenditures to the Park Police aviation unit base: Provided,
That the Chief of the United States Park Police shall provide quarterly
financial reports during fiscal year 1999 on the expenditure of said
funds to the Committees on Appropriations of the Senate and House of
Representatives, the Committee on Governmental Affairs of the Senate,
and the Committee on Government Reform and Oversight of the House of
Representatives.
Federal Payment for Waterfront Improvements
For a Federal payment to the District of Columbia Department of
Housing and Community Development for a study in consultation
[[Page 112 STAT. 2681-125]]
with the United States Army Corps of Engineers of necessary improvements
to the Southwest Waterfront in the District of Columbia (including
upgrading marina dock pilings and paving and restoring walkways in the
marina and fish market areas) for the portions of Federal property in
the Southwest quadrant of the District of Columbia within Lots 847 and
848, a portion of Lot 846, and the unassessed Federal real property
adjacent to Lot 848 in Square 473, and for carrying out the improvements
recommended by the study, $3,000,000: Provided, That no portion of such
funds shall be available to the District of Columbia unless the District
of Columbia executes a 30-year lease with the existing lessees, or with
their successors in interest, of such portions of property not later
than 30 days after the existing lessees or their successors in interest
have submitted to the District of Columbia acceptable plans for
improvements and private financing: Provided further, That the District
of Columbia shall report its progress on this project on a quarterly
basis to the Committees on Appropriations of the House of
Representatives and the Senate.
Federal Payment for Mentoring Services
For a Federal payment to the International Youth Service and
Development Corps, Inc. for a mentoring program for at-risk children in
the District of Columbia, $200,000: Provided, That the International
Youth Service and Development Corps, Inc. shall submit to the Committees
on Appropriations of the House of Representatives and the Senate an
annual report due November 30, 1999, on the activities carried out with
such funds.
Federal Payment for Hotline Services
For a Federal payment to the International Youth Service and
Development Corps, Inc. for the operation of a resource hotline for low-
income individuals in the District of Columbia, $50,000: Provided, That
the International Youth Service and Development Corps, Inc. shall submit
to the Committees on Appropriations of the House of Representatives and
the Senate an annual report due November 30, 1999, on the activities
carried out with such funds.
Federal Payment for Public Education
For a Federal contribution to the public education system for public
charter schools, $15,622,000.
Federal Payment for Medicare Coordinated Care Demonstration Project in
the District of Columbia
For payment to the District of Columbia Financial Responsibility and
Management Assistance Authority, $3,000,000 for the continued funding of
a Medicare Coordinated Care Demonstration Project in the District of
Columbia as specified in section 4016(b)(2)(C) of the Balanced Budget
Act of 1997.
Federal Payment for Children's National Medical Center
For a Federal contribution to the Children's National Medical Center
in the District of Columbia, $1,000,000 for construction,
[[Page 112 STAT. 2681-126]]
renovation, and information technology infrastructure costs associated
with establishing community pediatric health clinics for high risk
children in medically underserved areas of the District of Columbia.
DISTRICT OF COLUMBIA FUNDS
OPERATING EXPENSES
Division of Expenses
The following amounts are appropriated for the District of Columbia
for the current fiscal year out of the general fund of the District of
Columbia, except as otherwise specifically provided.
Governmental Direction and Support
Governmental direction and support, $164,144,000 (including
$136,485,000 from local funds, $13,955,000 from Federal funds, and
$13,704,000 from other funds): Provided, That not to exceed $2,500 for
the Mayor, $2,500 for the Chairman of the Council of the District of
Columbia, and $2,500 for the Chief Management Officer shall be available
from this appropriation for official purposes: Provided further, That
any program fees collected from the issuance of debt shall be available
for the payment of expenses of the debt management program of the
District of Columbia: Provided further, That no revenues from Federal
sources shall be used to support the operations or activities of the
Statehood Commission and Statehood Compact Commission: Provided further,
That the District of Columbia shall identify the sources of funding for
Admission to Statehood from its own locally-generated revenues: Provided
further, That all employees permanently assigned to work in the Office
of the Mayor shall be paid from funds allocated to the Office of the
Mayor.
Economic Development and Regulation
Economic development and regulation, $159,039,000 (including
$45,162,000 from local funds, $83,365,000 from Federal funds, and
$30,512,000 from other funds), of which $12,000,000 collected by the
District of Columbia in the form of BID tax revenue shall be paid to the
respective BIDs pursuant to the Business Improvement Districts Act of
1996 (D.C. Law 11-134; D.C. Code, sec. 1-2271 et seq.), and the Business
Improvement Districts Temporary Amendment Act of 1997 (D.C. Law 12-23):
Provided, That such funds are available for acquiring services provided
by the General Services Administration: Provided further, That Business
Improvement Districts shall be exempt from taxes levied by the District
of Columbia.
Public Safety and Justice
Public safety and justice, including purchase or lease of 135
passenger-carrying vehicles for replacement only, including 130 for
police-type use and five for fire-type use, without regard to the
general purchase price limitation for the current fiscal year,
$755,786,000 (including $530,945,000 from local funds, $30,327,000 from
Federal funds, and $194,514,000 from other funds): Provided,
[[Page 112 STAT. 2681-127]]
That the Metropolitan Police Department is authorized to replace not to
exceed 25 passenger-carrying vehicles and the Department of Fire and
Emergency Medical Services of the District of Columbia is authorized to
replace not to exceed five passenger-carrying vehicles annually whenever
the cost of repair to any damaged vehicle exceeds
three-fourths of the cost of the replacement: Provided further, That not
to exceed $500,000 shall be available from this appropriation for the
Chief of Police for the prevention and detection of crime: Provided
further, That the Metropolitan Police Department shall provide quarterly
reports to the Committees on Appropriations of the House and Senate on
efforts to increase efficiency and improve the professionalism in the
department: Provided further, That notwithstanding any other provision
of law, or Mayor's Order 86-45, issued March 18, 1986, the Metropolitan
Police Department's delegated small purchase authority shall be
$500,000: Provided further, That the District of Columbia government may
not require the Metropolitan Police Department to submit to any other
procurement review process, or to obtain the approval of or be
restricted in any manner by any official or employee of the District of
Columbia government, for purchases that do not exceed $500,000: Provided
further, That the Mayor shall reimburse the District of Columbia
National Guard for expenses incurred in connection with services that
are performed in emergencies by the National Guard in a militia status
and are requested by the Mayor, in amounts that shall be jointly
determined and certified as due and payable for these services by the
Mayor and the Commanding General of the District of Columbia National
Guard: Provided further, That such sums as may be necessary for
reimbursement to the District of Columbia National Guard under the
preceding proviso shall be available from this appropriation, and the
availability of the sums shall be deemed as constituting payment in
advance for emergency services involved: Provided further, That the
Metropolitan Police Department is authorized to maintain 3,800 sworn
officers, with leave for a 50 officer attrition: Provided further, That
no more than 15 members of the Metropolitan Police Department shall be
detailed or assigned to the Executive Protection Unit, until the Chief
of Police submits a recommendation to the Council for its review:
Provided further, That $100,000 shall be available for inmates released
on medical and geriatric parole: Provided further, That commencing on
December 31, 1998, the Metropolitan Police Department shall provide to
the Committees on Appropriations of the Senate and House of
Representatives, the Committee on Governmental Affairs of the Senate,
and the Committee on Government Reform and Oversight of the House of
Representatives, quarterly reports on the status of crime reduction in
each of the 83 police service areas established throughout the District
of Columbia: Provided further, That funds appropriated for expenses
under the District of Columbia Criminal Justice Act, approved September
3, 1974 (88 Stat. 1090; Public Law 93-412; D.C. Code, sec. 11-2601 et
seq.), for the fiscal year ending September 30, 1999, shall be available
for obligations incurred under the Act in each fiscal year since
inception in the fiscal year 1975: Provided further, That funds
appropriated for expenses under the District of Columbia Neglect
Representation Equity Act of 1984, effective March 13, 1985 (D.C. Law 5-
129; D.C. Code, sec. 16-2304), for the fiscal year ending September 30,
1999, shall be available for obligations incurred under the Act in each
fiscal year
[[Page 112 STAT. 2681-128]]
since inception in the fiscal year 1985: Provided further, That funds
appropriated for expenses under the District of Columbia Guardianship,
Protective Proceedings, and Durable Power of Attorney Act of 1986,
effective February 27, 1987 (D.C. Law 6-204; D.C. Code, sec. 21-2060),
for the fiscal year ending September 30, 1999, shall be available for
obligations incurred under the Act in each fiscal year since inception
in fiscal year 1989.
Public Education System
Public education system, including the development of national
defense education programs, $788,956,000 (including $640,135,000 from
local funds, $125,869,000 from Federal funds, and $22,952,000 from other
funds), to be allocated as follows: $644,805,000 (including $545,000,000
from local funds, $95,121,000 from Federal
funds, and $4,684,000 from other funds), for the public schools of the
District of Columbia; $18,600,000 from local funds for the District of
Columbia Teachers' Retirement Fund; $27,857,000 (including $12,235,000
from local funds and $15,622,000 from Federal funds not including funds
already made available for District of Columbia public schools) for
public charter schools: Provided, That if the entirety of this
allocation has not been provided as payments to any public charter
schools currently in operation through the per pupil funding formula,
the funds shall be available for new public charter schools on a per
pupil basis: Provided further, That $480,000 of this amount shall be
available to the District of Columbia Public Charter School Board for
administrative costs: Provided further, That the Emergency Transitional
Education Board of Trustees shall report to Congress not later than
February 1, 1999, on the implementation of their policy to give
preference to newly created District of Columbia public charter schools
for surplus public school property; $72,088,000 (including $40,148,000
from local funds, $14,079,000 from Federal funds, and $17,861,000 from
other funds) for the University of the District of Columbia; $23,419,000
(including $22,326,000 from local funds, $686,000 from Federal funds,
and $407,000 from other funds) for the Public Library; $2,187,000
(including $1,826,000 from local funds and $361,000 from Federal funds)
for the Commission on the Arts and Humanities: Provided further, That
the public schools of the District of Columbia are authorized to accept
not to exceed 31 motor vehicles for exclusive use in the driver
education program: Provided further, That not to exceed $2,500 for the
Superintendent of Schools, $2,500 for the President of the University of
the District of Columbia, and $2,000 for the Public Librarian shall be
available from this appropriation for official purposes: Provided
further, That $244,078 shall be used to reimburse the National Capital
Area Council of the Boy Scouts of America for services provided on
behalf of 12,600 students at 39 public schools in the District of
Columbia during fiscal year 1998 (including staff, curriculum, and
support materials): Provided further, That the Inspector General of the
District of Columbia shall certify not later than 30 days after the date
of the enactment of this Act whether or not the services were so
provided: Provided further, That the reimbursement shall be made not
later than 15 days after the Inspector General certifies that the
services were provided: Provided further, That none of the funds
contained in this Act may be made available to pay the salaries of any
District of Columbia Public School teacher, principal,
[[Page 112 STAT. 2681-129]]
administrator, official, or employee who knowingly provides false
enrollment or attendance information under article II, section 5 of the
Act entitled ``An Act to provide for compulsory school attendance, for
the taking of a school census in the District of Columbia, and for other
purposes'', approved February 4, 1925 (D.C. Code, sec. 31-401 et seq.):
Provided further, That this appropriation shall not be available to
subsidize the education of any nonresident of the District of Columbia
at any District of Columbia public elementary or secondary school during
fiscal year 1999 unless the nonresident pays tuition to the District of
Columbia at a rate that covers 100 percent of the costs incurred by the
District of Columbia which are attributable to the education of the
nonresident (as established by the Superintendent of the District of
Columbia Public Schools): Provided further, That this appropriation
shall not be available to subsidize the education of nonresidents of the
District of Columbia at the University of the District of Columbia,
unless the Board of Trustees of the University of the District of
Columbia adopts, for the fiscal year ending September 30, 1999, a
tuition rate schedule that will establish the tuition rate for
nonresident students at a level no lower than the nonresident tuition
rate charged at comparable public institutions of higher education in
the metropolitan area.
Human Support Services
Human support services, $1,514,751,000 (including $614,679,000 from
local funds, $886,682,000 from Federal funds, and $13,390,000 from other
funds): Provided, That $21,089,000 of this appropriation, to remain
available until expended, shall be available solely for District of
Columbia employees' disability compensation: Provided further, That a
peer review committee shall be established to review medical payments
and the type of service received by a disability compensation claimant:
Provided further, That the District of Columbia shall not provide free
government services such as water, sewer, solid waste disposal or
collection, utilities, maintenance, repairs, or similar services to any
legally constituted private nonprofit organization, as defined in
section 411(5) of the Stewart B. McKinney Homeless Assistance Act (101
Stat. 485; Public Law 100-77; 42 U.S.C. 11371), providing emergency
shelter services in the District, if the District would not be qualified
to receive reimbursement pursuant to such Act (101 Stat. 485; Public Law
100-77; 42 U.S.C. 11301 et seq.).
Public Works
Public works, including rental of one passenger-carrying vehicle for
use by the Mayor and three passenger-carrying vehicles for use by the
Council of the District of Columbia and leasing of passenger-carrying
vehicles, $266,912,000 (including $257,242,000 from local funds,
$3,216,000 from Federal funds, and $6,454,000 from other funds):
Provided, That this appropriation shall not be available for collecting
ashes or miscellaneous refuse from hotels and places of business.
Washington Convention Center Fund Transfer Payment
For payment to the Washington Convention Center Enterprise Fund,
$5,400,000 from local funds.
[[Page 112 STAT. 2681-130]]
Repayment of Loans and Interest
For reimbursement to the United States of funds loaned in compliance
with the Act entitled ``An Act to provide for the establishment of a
modern, adequate, and efficient hospital center in the District of
Columbia'', approved August 7, 1946 (60 Stat. 896; Public Law 79-648);
section 1 of the Act entitled ``An Act to authorize the Commissioners of
the District of Columbia to borrow funds for capital improvement
programs and to amend provisions of law relating to Federal Government
participation in meeting costs of maintaining the Nation's Capital
City'', approved June 6, 1958 (72 Stat. 183; Public Law 85-451; D.C.
Code, sec. 9-219); section 4 of the Act entitled ``An Act to authorize
the Commissioners of the District of Columbia to plan, construct,
operate, and maintain a sanitary sewer to connect the Dulles
International Airport with the District of Columbia system'', approved
June 12, 1960 (74 Stat. 211; Public Law 86-515); sections 723 and 743(f)
of the District of Columbia Home Rule Act, approved December 24, 1973,
as amended (87 Stat. 821; Public Law 93-198; D.C. Code, sec. 47-321,
note; 91 Stat. 1156; Public Law 95-131; D.C. Code, sec. 9-219, note),
including interest as required thereby, $382,170,000 from local funds.
Repayment of General Fund Recovery Debt
For the purpose of eliminating the $331,589,000 general fund
accumulated deficit as of September 30, 1990, $38,453,000 from local
funds, as authorized by section 461(a) of the District of Columbia Home
Rule Act, approved December 24, 1973, as amended (105 Stat. 540; Public
Law 102-106; D.C. Code, sec. 47-321(a)(1)).
Payment of Interest on Short-Term Borrowing
For payment of interest on short-term borrowing, $11,000,000 from
local funds.
Certificates of Participation
For lease payments in accordance with the Certificates of
Participation involving the land site underlying the building located at
One Judiciary Square, $7,926,000 from local funds.
Human Resources Development
For human resources development, including costs of increased
employee training, administrative reforms, and an executive compensation
system, $6,674,000 from local funds.
Productivity Savings
The Chief Financial Officer of the District of Columbia shall, under
the direction of the District of Columbia Financial Responsibility and
Management Assistance Authority, make reductions of $10,000,000 in local
funds to one or more of the appropriation headings in this Act for
productivity savings.
[[Page 112 STAT. 2681-131]]
Receivership Programs
For all agencies of the District of Columbia government under court
ordered receivership, $318,979,000 (including $189,154,000 from local
funds, $96,691,000 from Federal funds, and $33,134,000 from other
funds): Provided, That, of the sums made available to the Commission on
Mental Health Services, $5,000,000 shall be available to a 501(c)(3)
nonprofit organization formed in 1991 and located in the District of
Columbia to finance capital improvements to community-based housing
facilities dedicated for use only by seriously and chronically mentally
ill individuals in the District of Columbia.
District of Columbia Financial Responsibility and Management Assistance
Authority
For the District of Columbia Financial Responsibility and Management
Assistance Authority, established by section 101(a) of the District of
Columbia Financial Responsibility and Management Assistance Act of 1995,
approved April 17, 1995 (109 Stat. 97; Public Law 104-8), $7,840,000:
Provided, That none of the funds contained in this Act may be used to
pay any compensation of the Executive Director or General Counsel of the
Authority at a rate in excess of the maximum rate of compensation which
may be paid to such individual during fiscal year 1999 under section 102
of such Act, as determined by the Comptroller General (as described in
GAO letter report B-279095.2).
ENTERPRISE FUNDS
Water and Sewer Authority and the Washington Aqueduct
For the Water and Sewer Authority and the Washington Aqueduct,
$273,314,000 from other funds (including $239,493,000 for the Water and
Sewer Authority and $33,821,000 for the Washington Aqueduct) of which
$39,933,000 shall be apportioned and payable to the District's debt
service fund for repayment of loans and interest incurred for capital
improvement projects.
Lottery and Charitable Games Enterprise Fund
For the Lottery and Charitable Games Enterprise Fund, established by
the District of Columbia Appropriation Act for the fiscal year ending
September 30, 1982, approved December 4, 1981 (95 Stat. 1174, 1175;
Public Law 97-91), as amended, for the purpose of implementing the Law
to Legalize Lotteries, Daily Numbers Games, and Bingo and Raffles for
Charitable Purposes in the District of Columbia, effective March 10,
1981 (D.C. Law 3-172; D.C. Code, secs. 2-2501 et seq. and 22-1516 et
seq.), $225,200,000: Provided, That the District of Columbia shall
identify the source of funding for this appropriation title from the
District's own locally-generated revenues: Provided further, That no
revenues from Federal sources shall be used to support the operations or
activities of the Lottery and Charitable Games Control Board.
[[Page 112 STAT. 2681-132]]
Cable Television Enterprise Fund
For the Cable Television Enterprise Fund, established by the Cable
Television Communications Act of 1981, effective October 22, 1983 (D.C.
Law 5-36; D.C. Code, sec. 43-1801 et seq.), $2,108,000 from local funds.
Public Service Commission
For the Public Service Commission, $5,026,000 (including $252,000
from Federal funds and $4,774,000 from other funds).
Office of the People's Counsel
For the Office of the People's Counsel, $2,501,000 from other funds.
Department of Insurance and Securities Regulation
For the Department of Insurance and Securities Regulation,
$7,001,000 from other funds.
Office of Banking and Financial Institutions
For the Office of Banking and Financial Institutions, $640,000
(including $390,000 from local funds and $250,000 from other funds).
Starplex Fund
For the Starplex Fund, $8,751,000 from other funds for expenses
incurred by the Armory Board in the exercise of its powers granted by
the Act entitled ``An Act To Establish A District of Columbia Armory
Board, and for other purposes'', approved June 4, 1948 (62 Stat. 339;
D.C. Code, sec. 2-301 et seq.) and the District of Columbia Stadium Act
of 1957, approved September 7, 1957 (71 Stat. 619; Public Law 85-300;
D.C. Code, sec. 2-321 et seq.): Provided, That the Mayor shall submit a
budget for the Armory Board for the forthcoming fiscal year as required
by section 442(b) of the District of Columbia Home Rule Act, approved
December 24, 1973 (87 Stat. 824; Public Law 93-198; D.C. Code, sec. 47-
301(b)).
D.C. General Hospital
For the District of Columbia General Hospital, established by
Reorganization Order No. 57 of the Board of Commissioners, effective
August 15, 1953, $113,599,000 of which $46,835,000 shall be derived by
transfer from the general fund and $66,764,000 shall be derived from
other funds.
D.C. Retirement Board
For the D.C. Retirement Board, established by section 121 of the
District of Columbia Retirement Reform Act of 1979, approved November
17, 1979 (93 Stat. 866; D.C. Code, sec. 1-711), $18,202,000 from the
earnings of the applicable retirement funds to pay legal, management,
investment, and other fees and administrative expenses of the District
of Columbia Retirement Board:
[[Page 112 STAT. 2681-133]]
Provided, That the District of Columbia Retirement Board shall provide
to the Congress and to the Council of the District of Columbia a
quarterly report of the allocations of charges by fund and of
expenditures of all funds: Provided further, That the District of
Columbia Retirement Board shall provide the Mayor, for transmittal to
the Council of the District of Columbia, an itemized accounting of the
planned use of appropriated funds in time for each annual budget
submission and the actual use of such funds in time for each annual
audited financial report.
Correctional Industries Fund
For the Correctional Industries Fund, established by the District of
Columbia Correctional Industries Establishment Act, approved October 3,
1964 (78 Stat. 1000; Public Law 88-622), $3,332,000 from other funds.
Washington Convention Center Enterprise Fund
For the Washington Convention Center Enterprise Fund, $53,539,000,
of which $5,400,000 shall be derived by transfer from the general fund.
PERSONNEL
The government of the District of Columbia shall employ no more than
32,900 FTE positions, exclusive of intra-District FTE positions, during
fiscal year 1999.
Capital Outlay
For construction projects, a net increase of $1,711,160,737
(including a rescission of $114,430,742 of which $24,437,811 is from
local funds and $89,992,931 is from highway trust funds appropriated
under this heading in prior fiscal years, and an additional
$1,825,591,479 of which $718,234,161 is from local funds, $24,452,538 is
from the highway trust fund, and $1,082,904,780 is from Federal funds),
to remain available until expended:
Provided, That funds for use of each capital project implementing agency
shall be managed and controlled in accordance with all procedures and
limitations established under the Financial Management System: Provided
further, That all funds provided by this appropriation title shall be
available only for the specific projects and purposes intended: Provided
further, That notwithstanding the foregoing, all authorizations for
capital outlay projects, except those projects covered by the first
sentence of section 23(a) of the Federal-Aid Highway Act of 1968,
approved August 23, 1968 (82 Stat. 827; Public Law 90-495; D.C. Code,
sec. 7-134, note), for which funds are provided by this appropriation
title, shall expire on September 30, 2000, except authorizations for
projects for which funds have been obligated in whole or in part prior
to September 30, 2000: Provided further, That upon expiration of any
such project authorization the funds provided herein for the project
shall lapse.
[[Page 112 STAT. 2681-134]]
General Provisions
Sec. 101. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to 5
U.S.C. 3109, shall be limited to those contracts where such expenditures
are a matter of public record and available for public inspection,
except where otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.
Sec. 102. Except as otherwise provided in this Act, all vouchers
covering expenditures of appropriations contained in this Act shall be
audited before payment by the designated certifying official, and the
vouchers as approved shall be paid by checks issued by the designated
disbursing official.
Sec. 103. Whenever in this Act, an amount is specified within an
appropriation for particular purposes or objects of expenditure, such
amount, unless otherwise specified, shall be considered as the maximum
amount that may be expended for said purpose or object rather than an
amount set apart exclusively therefor.
Sec. 104. Appropriations in this Act shall be available, when
authorized by the Mayor, for allowances for privately owned automobiles
and motorcycles used for the performance of official duties at rates
established by the Mayor: Provided, That such rates shall not exceed the
maximum prevailing rates for such vehicles as prescribed in the Federal
Property Management Regulations 101-7 (Federal Travel Regulations).
Sec. 105. Appropriations in this Act shall be available for expenses
of travel and for the payment of dues of organizations concerned with
the work of the District of Columbia government, when authorized by the
Mayor: Provided, That, in the case of the Council of the District of
Columbia, funds may be expended with the authorization of the chair of
the Council.
Sec. 106. There are appropriated from the applicable funds of the
District of Columbia such sums as may be necessary for making refunds
and for the payment of judgments that have been entered against the
District of Columbia government: Provided, That nothing contained in
this section shall be construed as modifying or affecting the provisions
of section 11(c)(3) of title XII of the District of Columbia Income and
Franchise Tax Act of 1947, approved March 31, 1956 (70 Stat. 78; Public
Law 84-460; D.C. Code, sec. 47-1812.11(c)(3)).
Sec. 107. Appropriations in this Act shall be available for the
payment of public assistance without reference to the requirement of
section 544 of the District of Columbia Public Assistance Act of 1982,
effective April 6, 1982 (D.C. Law 4-101; D.C. Code, sec. 3-205.44), and
for payment of the non-Federal share of funds necessary to qualify for
grants under subtitle A of title II of the Violent Crime Control and Law
Enforcement Act of 1994.
Sec. 108. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 109. No funds appropriated in this Act for the District of
Columbia government for the operation of educational institutions, the
compensation of personnel, or for other educational purposes may be used
to permit, encourage, facilitate, or further partisan political
activities. Nothing herein is intended to prohibit
[[Page 112 STAT. 2681-135]]
the availability of school buildings for the use of any community or
partisan political group during non-school hours.
Sec. 110. None of the funds appropriated in this Act shall be made
available to pay the salary of any employee of the District of Columbia
government whose name, title, grade, salary, past work experience, and
salary history are not available for inspection by the House and Senate
Committees on Appropriations, the Subcommittee on the District of
Columbia of the House Committee on Government Reform and Oversight, the
Subcommittee on Oversight of Government Management, Restructuring and
the District of Columbia of the Senate Committee on Governmental
Affairs, and the Council of the District of Columbia, or their duly
authorized representative.
Sec. 111. There are appropriated from the applicable funds of the
District of Columbia such sums as may be necessary for making payments
authorized by the District of Columbia Revenue Recovery Act of 1977,
effective September 23, 1977 (D.C. Law 2-20; D.C. Code, sec. 47-421 et
seq.).
Sec. 112. No part of this appropriation shall be used for publicity
or propaganda purposes or implementation of any policy including boycott
designed to support or defeat legislation pending before Congress or any
State legislature.
Sec. 113. At the start of the fiscal year, the Mayor shall develop
an annual plan, by quarter and by project, for capital outlay
borrowings: Provided, That within a reasonable time after the close of
each quarter, the Mayor shall report to the Council of the District of
Columbia and the Congress the actual borrowings and spending progress
compared with projections.
Sec. 114. The Mayor shall not borrow any funds for capital projects
unless the Mayor has obtained prior approval from the Council of the
District of Columbia, by resolution, identifying the projects and
amounts to be financed with such borrowings.
Sec. 115. The Mayor shall not expend any moneys borrowed for capital
projects for the operating expenses of the District of Columbia
government.
Sec. 116. None of the funds provided under this Act to the agencies
funded by this Act, both Federal and District government agencies, that
remain available for obligation or expenditure in fiscal year 1999, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be 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 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 $1,000,000 or 10 percent,
whichever is less; 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 House of
Representatives are notified in writing thirty days in advance of any
reprogramming as set forth in this section.
Sec. 117. None of the Federal funds provided in this Act shall be
obligated or expended to provide a personal cook, chauffeur,
[[Page 112 STAT. 2681-136]]
or other personal servants to any officer or employee of the District of
Columbia.
Sec. 118. None of the Federal funds provided in this Act shall be
obligated or expended to procure passenger automobiles as defined in the
Automobile Fuel Efficiency Act of 1980, approved October 10, 1980 (94
Stat. 1824; Public Law 96-425; 15 U.S.C. 2001(2)), with an Environmental
Protection Agency estimated miles per gallon average of less than 22
miles per gallon: Provided, That this section shall not apply to
security, emergency rescue, or armored vehicles.
Sec. 119. (a) Notwithstanding section 422(7) of the District of
Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 790; Public
Law 93-198; D.C. Code, sec. 1-242(7)), the City Administrator shall be
paid, during any fiscal year, a salary at a rate established by the
Mayor, not to exceed the rate established for Level IV of the Executive
Schedule under 5 U.S.C. 5315.
(b) For purposes of applying any provision of law limiting the
availability of funds for payment of salary or pay in any fiscal year,
the highest rate of pay established by the Mayor under subsection (a) of
this section for any position for any period during the last quarter of
calendar year 1998 shall be deemed to be the rate of pay payable for
that position for September 30, 1998.
(c) Notwithstanding section 4(a) of the District of Columbia
Redevelopment Act of 1945, approved August 2, 1946 (60 Stat. 793; Public
Law 79-592; D.C. Code, sec. 5-803(a)), the Board of Directors of the
District of Columbia Redevelopment Land Agency shall be paid, during any
fiscal year, per diem compensation at a rate established by the Mayor.
Sec. 120. Notwithstanding any other provisions of law, the
provisions of the District of Columbia Government Comprehensive Merit
Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C.
Code, sec. 1-601.1 et seq.), enacted pursuant to section 422(3) of the
District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat.
790; Public Law 93-198; D.C. Code, sec. 1-242(3)), shall apply with
respect to the compensation of District of Columbia employees: Provided,
That for pay purposes, employees of the District of Columbia government
shall not be subject to the provisions of title 5, United States Code.
Sec. 121. The Director of the Office of Property Management may pay
rentals and repair, alter, and improve rented premises, without regard
to the provisions of section 322 of the Economy Act of 1932 (Public Law
72-212; 40 U.S.C. 278a), based upon a determination by the Director,
that by reason of circumstances set forth in such determination, the
payment of these rents and the execution of this work, without reference
to the limitations of section 322, is advantageous to the District in
terms of economy, efficiency, and the District's best interest.
Sec. 122. No later than 30 days after the end of the first quarter
of the fiscal year ending September 30, 1999, the Mayor of the District
of Columbia shall submit to the Council of the District of Columbia the
new fiscal year 1999 revenue estimates as of the end of the first
quarter of fiscal year 1999. These estimates shall be used in the budget
request for the fiscal year ending September 30, 2000. The officially
revised estimates at midyear shall be used for the midyear report.
Sec. 123. No sole source contract with the District of Columbia
government or any agency thereof may be renewed or extended
[[Page 112 STAT. 2681-137]]
without opening that contract to the competitive bidding process as set
forth in section 303 of the District of Columbia Procurement Practices
Act of 1985, effective February 21, 1986 (D.C. Law 6-85; D.C. Code, sec.
1-1183.3), except that the District of Columbia government or any agency
thereof may renew or extend sole source contracts for which competition
is not feasible or practical: Provided, That the determination as to
whether to invoke the competitive bidding process has been made in
accordance with duly promulgated rules and procedures and said
determination has been reviewed and
approved by the District of Columbia Financial Responsibility and
Management Assistance Authority.
Sec. 124. For purposes of the Balanced Budget and Emergency Deficit
Control Act of 1985, approved December 12, 1985 (99 Stat. 1037; Public
Law 99-177), as amended, the term ``program, project, and activity''
shall be synonymous with and refer specifically to each account
appropriating Federal funds in this Act, and any sequestration order
shall be applied to each of the accounts rather than to the aggregate
total of those accounts: Provided, That sequestration orders shall not
be applied to any account that is specifically exempted from
sequestration by the Balanced Budget and Emergency Deficit Control Act
of 1985.
Sec. 125. In the event a sequestration order is issued pursuant to
the Balanced Budget and Emergency Deficit Control Act of 1985, approved
December 12, 1985 (99 Stat. 1037: Public Law 99-177), as amended, after
the amounts appropriated to the District of Columbia for the fiscal year
involved have been paid to the District of Columbia, the Mayor of the
District of Columbia shall pay to the Secretary of the Treasury, within
15 days after receipt of a request therefor from the Secretary of the
Treasury, such amounts as are sequestered by the order: Provided, That
the sequestration percentage specified in the order shall be applied
proportionately to each of the Federal appropriation accounts in this
Act that are not specifically exempted from sequestration by the
Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 126. (a) An entity of the District of Columbia government may
accept and use a gift or donation during fiscal year 1999 if--
(1) the Mayor approves the acceptance and use of the gift or
donation: Provided, That the Council of the District of Columbia
may accept and use gifts without prior approval by the Mayor;
and
(2) the entity uses the gift or donation to carry out its
authorized functions or duties.
(b) Each entity of the District of Columbia government shall keep
accurate and detailed records of the acceptance and use of any gift or
donation under subsection (a) of this section, and shall make such
records available for audit and public inspection.
(c) For the purposes of this section, the term ``entity of the
District of Columbia government'' includes an independent agency of the
District of Columbia.
(d) This section shall not apply to the District of Columbia Board
of Education, which may, pursuant to the laws and regulations of the
District of Columbia, accept and use gifts to the public schools without
prior approval by the Mayor.
Sec. 127. None of the Federal funds provided in this Act may be used
by the District of Columbia to provide for salaries, expenses, or other
costs associated with the offices of United States Senator
[[Page 112 STAT. 2681-138]]
or United States Representative under section 4(d) of the District of
Columbia Statehood Constitutional Convention Initiatives of 1979,
effective March 10, 1981 (D.C. Law 3-171; D.C. Code, sec. 1-113(d)).
Sec. 128. (a) The University of the District of Columbia shall
submit to the Mayor, the District of Columbia Financial Responsibility
and Management Assistance Authority (hereafter in this section referred
to as ``Authority''), and the Council of the District of Columbia
(hereafter in this section referred to as ``Council'') no later than 15
calendar days after the end of each month a report that sets forth--
(1) current month expenditures and obligations, year-to-date
expenditures and obligations, and total fiscal year expenditure
projections versus budget, broken out on the basis of control
center, responsibility center, and object class, and for all
funds, non-appropriated funds, and capital financing;
(2) a list of each account for which spending is frozen and
the amount of funds frozen, broken out by control center,
responsibility center, detailed object, and for all funding
sources;
(3) a list of all active contracts in excess of $10,000
annually, which contains the name of each contractor; the budget
to which the contract is charged, broken out on the basis of
control center and responsibility center, and contract
identifying codes used by the University of the District of
Columbia; payments made in the last month and year-to-date, the
total amount of the contract and total payments made for the
contract and any modifications, extensions, renewals; and
specific modifications made to each contract in the last month;
(4) all reprogramming requests and reports that have been
made by the University of the District of Columbia within the
last month in compliance with applicable law; and
(5) changes made in the last month to the organizational
structure of the University of the District of Columbia,
displaying previous and current control centers and
responsibility centers, the names of the organizational entities
that have been changed, the name of the staff member supervising
each entity affected, and the reasons for the structural change.
(b) The Mayor, the Authority, and the Council shall provide the
Congress by February 1, 2000, a summary, analysis, and recommendations
on the information provided in the monthly reports.
Sec. 129. Funds authorized or previously appropriated to the
government of the District of Columbia by this or any other Act to
procure the necessary hardware and installation of new software,
conversion, testing, and training to improve or replace its financial
management system are also available for the acquisition of accounting
and financial management services and the leasing of necessary hardware,
software or any other related goods or services, as determined by the
District of Columbia Financial Responsibility and Management Assistance
Authority.
Sec. 130. None of the funds contained in this Act may be made
available to pay the fees of an attorney who represents a party who
prevails in an action, including an administrative proceeding, brought
against the District of Columbia Public Schools under the Individuals
with Disabilities Education Act (20 U.S.C. 1400 et seq.) if--
[[Page 112 STAT. 2681-139]]
(1) the hourly rate of compensation of the attorney exceeds
the hourly rate of compensation under section 11-2604(a),
District of Columbia Code; or
(2) the maximum amount of compensation of the attorney
exceeds the maximum amount of compensation under section 11-
2604(b)(1), District of Columbia Code, except that compensation
and reimbursement in excess of such maximum may be approved for
extended or complex representation in accordance with section
11-2604(c), District of Columbia Code.
Sec. 131. <<NOTE: Abortion.>> None of the funds appropriated under
this Act shall be expended for any abortion except where the life of the
mother would be endangered if the fetus were carried to term or where
the pregnancy is the result of an act of rape or incest.
Sec. 132. U.S. Army Corps of Engineers Services to District of
Columbia Public Schools. In using funds made available under this Act or
any other Act for the repair and improvement of the District of
Columbia's public school facilities, any entity of the District of
Columbia government, including the District of Columbia Financial
Responsibility and Management Assistance Authority, or its designee, may
place orders for engineering and construction and related services with
the Chief of Engineers of the U.S. Army Corps of Engineers. The
Chief of Engineers may accept such orders on a reimbursable basis and
may provide any part of such services by contract. In providing such
services, the Chief of Engineers shall follow the Federal Acquisition
Regulations and the implementing Department of Defense regulations. This
section shall apply to fiscal year 1999 and each fiscal year thereafter.
Sec. 133. None of the funds made available in this Act may be used
to implement or enforce the Health Care Benefits Expansion Act of 1992
(D.C. Law 9-114; D.C. Code, sec. 36-1401 et seq.) or to otherwise
implement or enforce any system of registration of unmarried, cohabiting
couples (whether homosexual, heterosexual, or lesbian), including but
not limited to registration for the purpose of extending employment,
health, or governmental benefits to such couples on the same basis that
such benefits are extended to legally married couples.
Sec. 134. The Emergency Transitional Education Board of Trustees
shall submit to the Congress, the Mayor, the District of Columbia
Financial Responsibility and Management Assistance Authority, and the
Council of the District of Columbia no later than 15 calendar days after
the end of each month a report that sets forth--
(1) current month expenditures and obligations, year-to-date
expenditures and obligations, and total fiscal year expenditure
projections versus budget, broken out on the basis of control
center, responsibility center, agency reporting code, and object
class, and for all funds, including capital financing;
(2) a list of each account for which spending is frozen and
the amount of funds frozen, broken out by control center,
responsibility center, detailed object, and agency reporting
code, and for all funding sources;
(3) a list of all active contracts in excess of $10,000
annually, which contains the name of each contractor; the budget
to which the contract is charged, broken out on the basis of
control center, responsibility center, and agency reporting
code; and contract identifying codes used by the District
[[Page 112 STAT. 2681-140]]
of Columbia Public Schools; payments made in the last month and
year-to-date, the total amount of the contract and total
payments made for the contract and any modifications,
extensions, renewals; and specific modifications made to each
contract in the last month;
(4) all reprogramming requests and reports that are required
to be, and have been, submitted to the Board of Education; and
(5) changes made in the last month to the organizational
structure of the D.C. Public Schools, displaying previous and
current control centers and responsibility centers, the names of
the organizational entities that have been changed, the name of
the staff member supervising each entity affected, and the
reasons for the structural change.
Sec. 135. (a) In General.--The Emergency Transitional Education
Board of Trustees of the District of Columbia and the University of the
District of Columbia shall annually compile an accurate and verifiable
report on the positions and employees in the public school system and
the university, respectively. The annual report shall set forth--
(1) the number of validated schedule A positions in the
District of Columbia public schools and the University of the
District of Columbia for fiscal year 1998, fiscal year 1999, and
thereafter on full-time equivalent basis, including a
compilation of all positions by control center, responsibility
center, funding source, position type, position title, pay plan,
grade, and annual salary; and
(2) a compilation of all employees in the District of
Columbia public schools and the University of the District of
Columbia as of the preceding December 31, verified as to its
accuracy in accordance with the functions that each employee
actually performs, by control center, responsibility center,
agency reporting code, program (including funding source),
activity, location for accounting purposes, job title, grade and
classification, annual salary, and position control number.
(b) Submission.--The annual report required by subsection (a) of
this section shall be submitted to the Congress, the Mayor, the District
of Columbia Council, the Consensus Commission, and the Authority, not
later than February 15 of each year.
Sec. 136. (a) No later than October 1, 1998, or within 30 calendar
days after the date of the enactment of this Act, whichever occurs
later, and each succeeding year, the Superintendent of the District of
Columbia Public Schools and the University of the District of Columbia
shall submit to the appropriate congressional committees, the Mayor, the
District of Columbia Council, the Consensus Commission, and the District
of Columbia Financial Responsibility and Management Assistance
Authority, a revised appropriated funds operating budget for the public
school system and the University of the District of Columbia 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.
(b) The revised budget required by subsection (a) of this section
shall be submitted in the format of the budget that the Superintendent
of the District of Columbia Public Schools and the University of the
District of Columbia submit to the Mayor of the District
[[Page 112 STAT. 2681-141]]
of Columbia for inclusion in the Mayor's budget submission to the
Council of the District of Columbia pursuant to section 442 of the
District of Columbia Home Rule Act, Public Law 93-198, as amended (D.C.
Code, sec. 47-301).
Sec. 137. The Emergency Transitional Education Board of Trustees,
the Board of Trustees of the University of the District of Columbia, the
Board of Library Trustees, and the Board of Governors of the University
of the District of Columbia School of Law shall vote on and approve
their respective annual or revised budgets before submission to the
Mayor of the District of Columbia for inclusion in the Mayor's budget
submission to the Council of the District of Columbia in accordance with
section 442 of the District of Columbia Home Rule Act, Public Law 93-
198, as amended (D.C. Code, sec. 47-301), or before submitting their
respective budgets directly to the Council.
Sec. 138. (a) Ceiling on Total Operating Expenses.--
(1) In general.--Notwithstanding any other provision of law,
the total amount appropriated in this Act for operating expenses
for the District of Columbia for fiscal year 1999 under the
caption ``Division of Expenses'' shall not exceed the lesser
of--
(A) the sum of the total revenues of the District of
Columbia for such fiscal year; or
(B) $5,211,920,000 (of which $132,912,000 shall be
from intra-District funds and $2,865,763,000 shall be
from local funds), which amount may be increased by the
following:
(i) proceeds of one-time transactions, which
are expended for emergency or unanticipated
operating or capital needs approved by the
District of Columbia Financial Responsibility and
Management Assistance Authority; or
(ii) after notification to the Council,
additional expenditures which the Chief Financial
Officer of the District of Columbia certifies will
produce additional revenues during such fiscal
year at least equal to 200 percent of such
additional expenditures, and that are approved by
the Authority.
(2) Enforcement.--The Chief Financial Officer of the
District of Columbia and the Authority shall take such steps as
are necessary to assure that the District of Columbia meets the
requirements of this section, including the apportioning by the
Chief Financial Officer of the appropriations and funds made
available to the District during fiscal year 1999, except that
the Chief Financial Officer may not reprogram for operating
expenses any funds derived from bonds, notes, or other
obligations issued for capital projects.
(b) Acceptance and Use of Grants Not Included in Ceiling.--
(1) In general.--Notwithstanding subsection (a), the Mayor,
in consultation with the Chief Financial Officer, during a
control year, as defined in section 305(4) of the District of
Columbia Financial Responsibility and Management Assistance Act
of 1995, approved April 17, 1995 (Public Law 104-8; 109 Stat.
152), may accept, obligate, and expend Federal, private, and
other grants received by the District government that are not
reflected in the amounts appropriated in this Act.
[[Page 112 STAT. 2681-142]]
(2) Requirement of chief financial officer report and
authority approval.--No such Federal, private, or other grant
may be accepted, obligated, or expended pursuant to paragraph
(1) until--
(A) the Chief Financial Officer of the District of
Columbia submits to the Authority a report setting forth
detailed information regarding such grant; and
(B) the Authority has reviewed and approved the
acceptance, obligation, and expenditure of such grant in
accordance with review and approval procedures
consistent with the provisions of the District of
Columbia Financial Responsibility and Management
Assistance Act of 1995.
(3) Prohibition on spending in anticipation of approval or
receipt.--No amount may be obligated or expended from the
general fund or other funds of the District government in
anticipation of the approval or receipt of a grant under
paragraph (2)(B) of this subsection or in anticipation of the
approval or receipt of a Federal, private, or other grant not
subject to such paragraph.
(4) Monthly reports.--The Chief Financial Officer of the
District of Columbia shall prepare a monthly report setting
forth detailed information regarding all Federal, private, and
other grants subject to this subsection. Each such report shall
be submitted to the Council of the District of Columbia, and to
the Committees on Appropriations of the House of Representatives
and the Senate, not later than 15 days after the end of the
month covered by the report.
(c) Report on Expenditures by Financial Responsibility and
Management Assistance Authority.--Not later than 20 calendar days after
the end of each fiscal quarter starting October 1, 1998, the Authority
shall submit a report to the Committees on Appropriations of the House
of Representatives and the Senate, the Committee on Government Reform
and Oversight of the House, and the Committee on Governmental Affairs of
the Senate providing an itemized accounting of all non-appropriated
funds obligated or expended by the Authority for the quarter. The report
shall include information on the date, amount, purpose, and vendor name,
and a description of the services or goods provided with respect to the
expenditures of such funds.
(d) Application of Excess Revenues.--Local revenues collected in
excess of amounts required to support appropriations in this Act for
operating expenses for the District of Columbia for fiscal year 1999
under the caption ``Division of Expenses'' shall be applied first to the
elimination of the general fund accumulated deficit; second to a reserve
account not to exceed $250,000,000 to be used to finance seasonal cash
needs (in lieu of short term borrowings); third to accelerate repayment
of cash borrowed from the Water and Sewer Fund; and fourth to reduce the
outstanding long-term debt.
Sec. 139. University of the District of Columbia Investment
Authority. Section 108(b) of the District of Columbia Public Education
Act (D.C. Code, sec. 31-1408) is amended by striking the period at the
end of the sentence and adding the phrase ``, except that the funds
appropriated in this section also may be invested in equity-based
securities if approved by the Chief Financial Officer of the District of
Columbia.''.
[[Page 112 STAT. 2681-143]]
Sec. 140. If a department or agency of the government of the
District of Columbia is under the administration of a court-appointed
receiver or other court-appointed official during fiscal year 1999 or
any succeeding fiscal year, the receiver or official shall prepare and
submit to the Mayor, for inclusion in the annual budget of the District
of Columbia for the year, annual estimates of the expenditures and
appropriations necessary for the maintenance and operation of the
department or agency. All such estimates shall be forwarded by the Mayor
to the Council, for its action pursuant to sections 446 and 603(c) of
the District of Columbia Home Rule Act, without revision but subject to
the Mayor's recommendations. Notwithstanding any provision of the
District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat.
790; Public Law 93-198; D.C. Code sec. 1-101 et seq.) the Council may
comment or make recommendations concerning such annual estimates but
shall have no authority under such Act to revise such estimates.
Sec. 141. The District of Columbia Financial Responsibility and
Management Assistance Authority and the Superintendent of the District
of Columbia Public Schools are hereby directed to report to the
Appropriations Committees of the Senate and the House of
Representatives, the Committee on Governmental Affairs of the Senate,
and the Committee on Government Reform and Oversight of the House of
Representatives not later than April 1, 1999, on all measures necessary
and steps to be taken to ensure that the District's Public Schools open
on time to begin the 1999-2000 academic year.
Sec. 142. (a) Notwithstanding any other provision of law, rule, or
regulation, an employee of the District of Columbia public schools shall
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 of Education rules.
(b) 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. (a) Restrictions on Use of Official Vehicles.--(1) Except
as otherwise provided in this section, none of the funds made available
by this Act or by any other Act may be used to provide any officer or
employee of the District of Columbia with an official vehicle unless the
officer or employee uses the vehicle only in the performance of the
officer's or employee's official duties. For purposes of this paragraph,
the term ``official duties'' does not include 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 of Columbia or is otherwise designated by the Chief of
the Department).
(2) Paragraph (1) shall not apply with respect to any vehicle
provided to the 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 Committee on
Appropriations of the House of Representatives. Notwithstanding any
other provision of law, the Chief may donate the vehicle to such officer
as a gift on behalf of the District of
[[Page 112 STAT. 2681-144]]
Columbia, and the donation shall not be subject to any Federal, State,
or local income or gift tax.
(3) The Chief Financial Officer of the District of Columbia shall
submit, by November 15, 1998, an inventory, as of September 30, 1998, of
all vehicles owned, leased or operated by the District of Columbia
government. The inventory shall include, but not be limited to, the
department to which the vehicle is assigned; the year and make of the
vehicle; the acquisition date and cost; the general condition of the
vehicle; annual operating and maintenance costs; current mileage; and
whether the vehicle is allowed to be taken home by a District officer or
employee and if so, the officer or employee's title and resident
location.
Sec. 144. (a) Source of Payment for Employees Detailed Within
Government.--For purposes of determining the amount of funds expended by
any entity within the District of Columbia government during fiscal year
1999 and each succeeding fiscal year, any expenditures of the District
government attributable to any officer or employee of the District
government who provides 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 officer or employee is
assigned to the entity or otherwise treated as an officer or employee of
the entity.
(b) Modification of Reduction in Force Procedures.--The District of
Columbia Government Comprehensive Merit Personnel Act of 1978 (D.C.
Code, sec. 1-601.1 et seq.), as amended, is further amended in section
2408(a) by deleting ``1998'' and inserting, ``1999''; in subsection (b),
by deleting ``1998'' and inserting, ``1999''; in subsection (i), by
deleting ``1998'' and inserting, ``1999''; and in subsection (k), by
deleting ``1998'' and inserting, ``1999''.
Sec. 145. Assessment and Placement of Special Education Students.
Notwithstanding any other provision of law, not later than 120 days
after the date that a District of Columbia Public Schools [DCPS] student
is referred for evaluation or assessment--
(1) the District of Columbia Board of Education (referred to
in this section as the ``Board''),
or its successor and DCPS shall assess or evaluate a student who may
have a disability and who may require special education services; and
(2) if a student is classified as having a disability, as
defined in section 101(a)(1) of the Individuals with
Disabilities Education Act (84 Stat. 175; 20 U.S.C. 1401(a)(1))
or in section 7(8) of the Rehabilitation Act of 1973 (87 Stat.
359; 29 U.S.C. 706(8)), the Board and DCPS shall place that
student in an appropriate program of special education services.
Sec. 146. (a) Compliance With Buy American Act.--None of the funds
made available in this Act may be expended by an entity unless the
entity agrees that in expending the funds the entity will comply with
the Buy American Act (41 U.S.C. 10a-10c).
(b) Sense of the Congress; Requirement Regarding Notice.--
(1) Purchase of american-made equipment and products.--In
the case of any equipment or product that may be authorized to
be purchased with financial assistance provided using funds made
available in this Act, it is the sense
[[Page 112 STAT. 2681-145]]
of the Congress that entities receiving the assistance should,
in expending the assistance, purchase only American-made
equipment and products to the greatest extent practicable.
(2) Notice to recipients of assistance.--In providing
financial assistance using funds made available in this Act, the
head of each agency of the Federal or District of Columbia
government shall provide to each recipient of the assistance a
notice describing the statement made in paragraph (1) by the
Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling Products
as Made in America.--If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States that is
not made in the United States, the person shall be ineligible to receive
any contract or subcontract made with funds made available in this Act,
pursuant to the debarment, suspension, and ineligibility procedures
described in sections 9.400 through 9.409 of title 48, Code of Federal
Regulations.
Sec. <<NOTE: 36 USC 151106 note.>> 147. Notwithstanding any
provision of any Federally-granted charter or any other provision of
law, beginning with fiscal year 1999 and for each fiscal year hereafter,
the real property of the National Education Association located in the
District of Columbia shall be subject to taxation by the District of
Columbia in the same manner as any similar organization.
Sec. 148. None of the funds contained in this Act may be used for
purposes of the annual independent audit of the District of Columbia
government (including the District of Columbia Financial Responsibility
and Management Assistance Authority) for fiscal year 1999 unless--
(1) the audit is conducted by the Inspector General of the
District of Columbia pursuant to section 208(a)(4) of the
District of Columbia Procurement Practices Act of 1985 (D.C.
Code, sec. 1-1182.8(a)(4)); and
(2) 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.
Sec. 149. Nothing in this Act shall be construed to authorize any
office, agency or entity to expend funds for programs or functions for
which a reorganization plan is required but has not been approved by the
District of Columbia Financial Responsibility and Management Assistance
Authority (hereafter in this section referred to as ``Authority'').
Appropriations made by this Act for such programs or functions are
conditioned only on the approval by the Authority of the required
reorganization plans.
Sec. 150. Notwithstanding any other provision of law, rule, or
regulation, the evaluation process and instruments for evaluating
District of Columbia Public Schools employees shall be a non-negotiable
item for collective bargaining purposes.
Sec. 151. None of the funds contained in this Act may be used by the
District of Columbia Corporation Counsel or any other officer or entity
of the District government to provide assistance for any petition drive
or civil action which seeks to require Congress to provide for voting
representation in Congress for the District of Columbia.
[[Page 112 STAT. 2681-146]]
Sec. 152. The District of Columbia Financial Responsibility and
Management Assistance Authority (hereafter in this section referred to
as ``Authority'') shall report to the Appropriations Committees of the
Senate and House of Representatives, the Committee on Governmental
Affairs of the Senate, and the Committee on Government Reform and
Oversight of the House of Representatives, by February 15, 1999, on the
status of all partnerships or agreements entered into from January 1,
1994 through September 30, 1998, between the District of Columbia
government and any nonprofit organization that
provides medical care, substance abuse treatment, low income housing,
food and shelter services, abstinance programs, or educational services
to children, adults and families residing in the District. For those
partnerships or agreements that have been terminated, the Authority
shall report to Congress on the plans by the District government for
reinitiating the partnerships or agreements with the respective
nonprofit organization.
Sec. 153. The Residency Requirement Reinstatement Amendment Act of
1998 (D.C. Act 12-340) is hereby repealed.
Sec. 154. None of the funds contained in this Act may be used 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. 155. Reserve.--The District of Columbia Financial
Responsibility and Management Assistance Act of 1995, Public Law 104-8,
sec. 202 is amended to include the following:
``(i) Reserve.--Beginning with fiscal year 2000, the plan or budget
submitted pursuant to this Act shall contain $150,000,000 for a reserve
to be established by the Chief Financial Officer for the District of
Columbia and the District of Columbia Financial Responsibility and
Management Assistance Authority: Provided, That the reserve shall only
be expended according to criteria established by the Chief Financial
Officer and approved by the District of Columbia Financial
Responsibility and Management Assistance Authority.''.
Sec. 156. Library Fundraising Authority.--D.C. Code Section 37-105
is amended by striking the word ``and'' after section (11) and striking
the period after section (12) and adding the following phrase:
``, (13) Notwithstanding any other provision of law, the Board of
Trustees of the District of Columbia Public Library is authorized to
hire a fundraiser and to raise funds from private sources and expend
those funds for the benefit of the District of Columbia Public Library,
with the prior review and approval of the Chief Financial Officer for
the District of Columbia and the District of Columbia Financial
Responsibility and Management Assistance Authority.''.
Sec. 157. District of Columbia Adoption Improvement Act of 1998. (a)
Short Title.--This section may be cited as the ``District of Columbia
Adoption Improvement Act of 1998''.
(b) Database.--The District of Columbia Child and Family Services
Agency (referred to as ``CFSA'') shall 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 of Columbia, including any child with the
goal of adoption or legally free for adoption.
[[Page 112 STAT. 2681-147]]
(c) Contracting With Private Service Providers.--
(1) Private contracts.--Not later than September 30, 1999,
CFSA shall enter into contracts with private service providers
to perform some of the adoption recruitment and placement
functions of CFSA, which may include recruitment, homestudy, and
placement services.
(2) Competitive bidding.--Any contract entered into pursuant
to paragraph (1) shall be subject to a competitive bidding
process when required by CFSA contracting policies and
procedures.
(3) Performance-based compensation.--
(A) In general.--Any contract entered into pursuant
to paragraph (1) shall compensate the winning bidder
pursuant to paragraph (2) upon completion of contract
deliverables.
(B) Contract deliverables.--In identifying contract
deliverables, CFSA shall consider--
(i) in the case of recruitment, receipt of a
list of potential adoptive families;
(ii) in the case of homestudies, receipt of a
completed homestudy in a form specified in advance
by CFSA; or
(iii) in the case of placements, the child is
placed in an adoptive home approved by CFSA or the
adoption is finalized.
(4) Types of contracts.--Nothing in this section shall be
construed to prevent CFSA from entering into contracts that
provide for multiple deliverables or conditions for partial
payment.
(5) Removal of barriers to adoption.--CFSA shall meet with
contractors to address issues identified during the term of a
contract entered into pursuant to this section, including issues
related to barriers to timely adoptions.
Sec. 158. Clarification of Responsibility for Adult Offender
Supervision in the District of Columbia. (a) Section 11233(b)(2) of the
National Capital Revitalization and Self-Government Improvement Act of
1997 (Public Law 105-33) is amended by--
(1) striking ``; and'' in subparagraph (F) and inserting
``;'';
(2) striking ``Columbia.'' in subparagraph (G) and inserting
``Columbia; and''; and
(3) inserting after subparagraph (G) the following:
``(H) carry out all functions which have heretofore
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.''.
(b) Section 11-1722 of the District of Columbia Code is amended--
(1) in subsection (a)--
(A) by inserting ``juvenile'' after ``all'' in the
first sentence; and
(B) by amending the second sentence to read as
follows: ``The Director shall have no jurisdiction over
any adult under supervision.'';
(2) in subsection (b), inserting ``including the agency
established by section 11233(a) of the National Capital
Revitalization
[[Page 112 STAT. 2681-148]]
and Self-Government Improvement Act of 1997,'' after
``Columbia,''; and
(3) in subsection (c), by inserting ``juvenile'' after
``of''.
Sec. 159. Public Law 104-8 is amended by adding new section 109 as
follows:
``SEC. 109. CHIEF MANAGEMENT OFFICER.
``(a) The Authority may employ a Chief Management Officer of the
District of Columbia, who shall be appointed by the Chair with the
consent of the Authority. The Chief Management Officer shall assist the
Authority in the fulfillment of its responsibilities under the District
of Columbia Management Reform Act of 1997, subtitle B of the National
Capital Revitalization and Self-Government Improvement Act of 1997,
title XI of Public Law 105-33, to improve the effectiveness and
efficiency of the District of Columbia Government. The Authority may
delegate to the Chief Management Officer responsibility for oversight
and supervision of departments and functions of the District of Columbia
Government, or successor departments and functions, consistent with the
District of Columbia Management Reform Act of 1997, subtitle B of the
National Capital Revitalization and Self-Government Improvement Act of
1997, title XI of Public Law 105-33. The Chief Management Officer shall
report directly to the
Authority, through the Chair of the Authority, and shall be directed in
his or her performance by a majority of the Authority. The Chief
Management Officer shall be paid at an annual rate determined by the
Authority sufficient in the judgment of the Authority to obtain the
services of an individual with the skills and experience required to
discharge the duties of the office.
``(b) Employment Contract.--Notwithstanding any other provision of
law, the employment agreement entered into as of January 15, 1998,
between the Chief Management Officer and the District of Columbia
Financial Responsibility and Management Assistance Authority shall be
valid in all respects.''.
Sec. 160. Section 1-1182.8(a)(4)(A) of the D.C. Code is amended to
read as follows--
``(A) Audit the financial statement and report described in
paragraph (3)(H) for a fiscal year, except that the financial statement
and report may not be audited by the same auditor (or an auditor
employed by or affiliated with the same auditor) for more than 5
consecutive fiscal years; and''.
Sec. 161. Deficit Reduction and Revitalization.--Notwithstanding any
other provision of law or this Act, funds allocated to management reform
by the District of Columbia Financial Responsibility and Management
Assistance Authority under this heading in Public Law 105-100 (111 Stat.
2159), as contained in the Authority's notification of June 24, 1998,
shall remain available for management reform until September 30, 1999:
Provided, That said funds shall not exceed $3,200,000.
Sec. 162. Prompt Payments. (a) Section 3901 of title 31, United
States Code is amended by adding at the end the following new subsection
(d):
``(d)(1) Notwithstanding subsection (a)(1) of this section, this
chapter, except section 3907 of this title, applies to the District of
Columbia Courts.
``(2) A claim for an interest penalty not paid under this chapter
may be filed in the same manner as claims are filed with respect
[[Page 112 STAT. 2681-149]]
to contracts to provide property or services for the District of
Columbia Courts.
``(3)(A) Except as provided in subparagraph (B), an interest penalty
under this chapter does not continue to accrue for more than one year or
after a claim for an interest penalty is filed in the manner described
in paragraph (2), whichever is earlier.
``(B) If a claim for an interest penalty is filed in the manner
described in paragraph (2) and interest is not available for such claims
under the laws and regulations governing claims under contracts to
provide property or services for the District of Columbia Courts,
interest will accrue under this chapter as provided in paragraph (A) and
from the date the claim is filed until the date the claim is paid.
``(4) Paragraph (3) of this subsection does not prevent an interest
penalty from accruing on a claim if such interest is available for such
claim under the laws and regulations governing claims under contracts to
provide property or services for the District of Columbia Courts. Such
interest may accrue on an unpaid contract payment and on the unpaid
penalty under this chapter.
``(5) Except as provided in section 3904 of this title, this chapter
does not require an interest penalty on a payment that is not made
because of a dispute between the head of an agency and a business
concern over the amount of payment or compliance with the contract. A
claim related to the dispute, and any interest payable for the period
during which the dispute is being resolved, is subject to the laws and
regulations governing claims under contracts to provide property or
services for the District of Columbia Courts.''.
Sec. 163. Section 147 of the Nation's Capital Bicentennial
Designation Act (Public Law 105-100; 111 Stat. 2180) is amended--
(1) in subsection (a)(3)(B) by striking ``President's Day''
and inserting ``Washington's Birthday'';
(2) in subsection (b)(1) by striking ``President's Day'' and
inserting ``Washington's Birthday''.
Sec. 164. Section 101(b) of the District of Columbia Financial
Responsibility and Management Assistance Act of 1995, Public Law 104-8,
109 Stat. 97, is amended by adding at the end of paragraph (5) the
following new subparagraph:
``(D) Continuation of service until successor
appointed.--Upon the expiration of a term of office, a
member of the Authority may continue to serve until a
successor has been appointed.''
Sec. 165. Section 456(d)(2) of the District of Columbia Home Rule
Act (87 Stat. 774; Public Law 93-198, as amended) is amended by adding
at the end:
``(H) A statement of the balance of each account
held by the District of Columbia Financial
Responsibility and Management Assistance Authority as of
the end of the quarter, together with a description of
the activities within each such account during the
quarter based on information supplied by the
Authority.''.
Sec. 166. No funds made available pursuant to any provision of
this Act or any other act now or hereafter enacted shall be used to
capitalize the National Capital Revitalization Corporation or for the
purpose of implementing the National Capital Revitalization Act of 1998
(D.C. Act 12-355) until at least 30 days after the District of Columbia
Financial Responsibility and Management
[[Page 112 STAT. 2681-150]]
Assistance Authority submits to the appropriate committees of Congress
an economic development strategy.
Sec. 167. The District of Columbia government shall maintain for
fiscal year 1999 the same funding levels as provided in fiscal year 1997
for homeless services in the District of Columbia: Provided, That in
addition to such amounts, $1,000,000 shall be paid to The Doe Fund for
its Ready, Willing & Able program in Washington, D.C.
Sec. 168. (a) No later than November 1, 1998, or within 30 calendar
days after the date of the enactment of this Act, whichever occurs
later, the Chief Financial Officer shall submit to the appropriate
committees of Congress, the Mayor, and the District of Columbia
Financial Responsibility and Management Assistance Authority a revised
appropriated funds operating budget for all agencies of the District of
Columbia government 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.
(b) The revised budget required by subsection (a) of this section
shall be submitted in the format of the budget that the District of
Columbia government submitted pursuant to section 442 of the District of
Columbia Home Rule Act, Public Law 93-198, as amended (D.C. Code, sec.
47-301).
Sec. 169. Notwithstanding section 602(c)(1) of the District of
Columbia Home Rule Act, approved December 24, 1973, as amended (87 Stat.
813; Public Law 93-198; D.C. Code, sec. 1-233(c)(1), D.C. Act 12-421),
``Oyster Elementary School Construction and Revenue Bond Act of 1998'',
shall take effect upon the date of enactment of this Act.
Sec. 170. None of the funds contained in this Act may be used 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.
Sec. 171. None of the funds contained in this Act may be used 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 (21 U.S.C.
802) or any tetrahydrocannabinols derivative.
This Act may be cited as the ``District of Columbia Appropriations
Act, 1999''.
(d) For programs, projects or activities in the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1999, provided as follows, to be effective as if it had been enacted
into law as the regular appropriations Act:
TITLE I--EXPORT AND INVESTMENT ASSISTANCE
The Export-Import Bank of the United States is authorized to make
such expenditures within the limits of funds and borrowing authority
available to such corporation, and in accordance with law, and to make
such contracts and commitments without regard to fiscal year
limitations, as provided by section 104 of the
[[Page 112 STAT. 2681-151]]
Government Corporation Control Act, as may be necessary in carrying out
the program for the current fiscal year for such corporation: Provided,
That none of the funds available during the current fiscal year may be
used to make expenditures, contracts, or commitments for the export of
nuclear equipment, fuel, or technology to any country other than a
nuclear-weapon state as defined in Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic or
military assistance under this Act that has detonated a nuclear
explosive after the date of enactment of this Act.
For the cost of direct loans, loan guarantees, insurance, and tied-
aid grants as authorized by section 10 of the Export-Import Bank Act of
1945, as amended, $765,000,000 to remain available until September 30,
2002: Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional Budget
Act of 1974: Provided further, That such sums shall remain available
until 2013 for the disbursement of direct loans, loan guarantees,
insurance and tied-aid grants obligated in fiscal years 1999, 2000,
2001, and 2002: Provided further, That none of the funds appropriated by
this Act or any prior Act appropriating funds for foreign operations,
export financing, or related programs for tied-aid credits or grants may
be used for any other purpose except through the regular notification
procedures of the Committees on Appropriations: Provided further, That
funds appropriated by this paragraph are made available notwithstanding
section 2(b)(2) of the Export Import Bank Act of 1945, in connection
with the purchase or lease of any product by any East European country,
any Baltic State or any agency or national thereof.
For administrative expenses to carry out the direct and guaranteed
loan and insurance programs (to be computed on an accrual basis),
including hire of passenger motor vehicles and services as authorized by
5 U.S.C. 3109, and not to exceed $22,500 for official reception and
representation expenses for members of the Board of Directors,
$50,000,000: Provided, That necessary expenses (including special
services performed on a contract or fee
basis, but not including other personal services) in connection with the
collection of moneys owed the Export-Import Bank, repossession or sale
of pledged collateral or other assets acquired by the Export-Import Bank
in satisfaction of moneys owed the Export-Import Bank, or the
investigation or appraisal of any property, or the evaluation of the
legal or technical aspects of any transaction for which an application
for a loan, guarantee or insurance commitment has been made, shall be
considered nonadministrative expenses for the purposes of this heading:
Provided <<NOTE: 12 USC 635a note. overseas private investment
corporation noncredit account>> further, That, notwithstanding
subsection (b) of section 117 of the Export Enhancement Act of 1992,
subsection (a) thereof shall remain in effect until October 1, 1999.
[[Page 112 STAT. 2681-152]]
The Overseas Private Investment Corporation is authorized to make,
without regard to fiscal year limitations, as provided by 31 U.S.C.
9104, such expenditures and commitments within the limits of funds
available to it and in accordance with law as may be necessary:
Provided, That the amount available for administrative expenses to carry
out the credit and insurance programs (including an amount for official
reception and representation expenses which shall not exceed $35,000)
shall not exceed $32,500,000 of which not more than $27,500,000 may be
made available until the Corporation reports to the Committees on
Appropriations on measures taken to (1) establish sector specific
investment funds; and (2) support regional investment initiatives in
Georgia, Armenia and Azerbaijan through the Caucasus Fund: Provided
further, That project-specific transaction costs, including direct and
indirect costs incurred in claims settlements, and other direct costs
associated with services provided to specific investors or potential
investors pursuant to section 234 of the Foreign Assistance Act of 1961,
shall not be considered administrative expenses for the purposes of this
heading.
For the cost of direct and guaranteed loans, $50,000,000, as
authorized by section 234 of the Foreign Assistance Act of 1961 to be
derived by transfer from the Overseas Private Investment Corporation
Noncredit Account: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That such sums shall
be available for direct loan obligations and loan guaranty commitments
incurred or made during fiscal years 1999 and 2000: Provided further,
That such sums shall remain available through fiscal year 2007 for the
disbursement of direct and guaranteed loans obligated in fiscal year
1999, and through fiscal year 2008 for the disbursement of direct and
guaranteed loans obligated in fiscal year 2000: Provided further, That
in addition, such sums as may be necessary for administrative expenses
to carry out the credit program may be derived from amounts available
for administrative expenses to carry out the credit and insurance
programs in the Overseas Private Investment Corporation Noncredit
Account and merged with said account.
Funds Appropriated to the President
For necessary expenses to carry out the provisions of section 661 of
the Foreign Assistance Act of 1961, $44,000,000, to remain available
until September 30, 2000: Provided, That the Trade and Development
Agency may receive reimbursements from corporations and other entities
for the costs of grants for feasibility studies and other project
planning services, to be deposited as an offsetting collection to this
account and to be available for obligation until September 30, 2000, for
necessary expenses under this paragraph: Provided further, That such
reimbursements shall not cover, or
[[Page 112 STAT. 2681-153]]
be allocated against, direct or indirect administrative costs of the
agency.
TITLE II--BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For expenses necessary to enable the President to carry out the
provisions of the Foreign Assistance Act of
1961, and for other purposes, to remain available until September 30,
1999, unless otherwise specified herein, as follows:
For necessary expenses to carry out the provisions of chapters 1 and
10 of part I of the Foreign Assistance Act of 1961, for child survival,
basic education, assistance to combat tropical and other diseases, and
related activities, in addition to funds otherwise available for such
purposes, $650,000,000, to remain available until expended: Provided,
That this amount shall be made available for such activities as: (1)
immunization programs; (2) oral rehydration programs; (3) health and
nutrition programs, and related education programs, which address the
needs of mothers and children; (4) water and sanitation programs; (5)
assistance for displaced and orphaned children; (6) programs for the
prevention, treatment, and control of, and research on, tuberculosis,
HIV/AIDS, polio, malaria and other diseases; and (7) up to $98,000,000
for basic education programs for children: Provided further, That none
of the funds appropriated under this heading may be made available for
nonproject assistance for health and child survival programs, except
that funds may be made available for such assistance for ongoing health
programs.
For necessary expenses to carry out the provisions of sections 103
through 106, and chapter 10 of part I of the Foreign Assistance Act of
1961, title V of the International Security and Development Cooperation
Act of 1980 (Public Law 96-533) and the provisions of section 401 of the
Foreign Assistance Act of 1969, $1,225,000,000, to remain available
until September 30, 2000: Provided, That of the amount appropriated
under this heading, up to $20,000,000 may be made available for the
Inter-American Foundation and shall be apportioned directly to that
Agency: Provided further, That of the amount appropriated under this
heading, up to $11,000,000 may be made available for the African
Development Foundation and shall be apportioned directly to that agency:
Provided further, That none of the funds made available in this Act nor
any unobligated balances from prior appropriations may be made available
to any organization or program which, as determined by the President of
the United States, supports or participates in the management of a
program of coercive abortion or involuntary sterilization: Provided
further, That none of the funds made available under this heading may be
used to pay for the performance of abortion as a method of family
planning or to motivate or coerce any person
[[Page 112 STAT. 2681-154]]
to
practice abortions; and that in order to reduce reliance on abortion in
developing nations, funds shall be available only to voluntary family
planning projects which offer, either directly or through referral to,
or information about access to, a broad range of family planning methods
and services, and that any such voluntary family planning project shall
meet the following requirements: (1) service providers or referral
agents in the project shall not implement or be subject to quotas, or
other numerical targets, of total number of births, number of family
planning acceptors, or acceptors of a particular method of family
planning (this provision shall not be construed to include the use of
quantitative estimates or indicators for budgeting and planning
purposes), (2) the project shall not include payment of incentives,
bribes, gratuities, or financial reward to (A) an individual in exchange
for becoming a family planning acceptor, or (B) program personnel for
achieving a numerical target or quota of total number of births, number
of family planning acceptors, or acceptors of a particular method of
family planning, (3) the project shall not deny any right or benefit,
including the right of access to participate in any program of general
welfare or the right of access to health care, as a consequence of any
individual's decision not to accept family planning services, (4) the
project shall provide family planning acceptors comprehensible
information on the health benefits and risks of the method chosen,
including those conditions that might render the use of the method
inadvisable and those adverse side effects known to be consequent to the
use of the method, (5) the project shall ensure that experimental
contraceptive drugs and devices and medical procedures are provided only
in the context of a scientific study in which participants are advised
of potential risks and benefits; and, not less than 60 days after the
date on which the Administrator of the United States Agency for
International Development determines that there has been a violation of
the requirements contained in paragraph (1), (2), (3), or (5) of this
proviso, or a pattern or practice of violations of the requirements
contained in paragraph (4) of this proviso, the Administrator shall
submit to the Committee on International Relations and the Committee on
Appropriations of the House of Representatives and to the Committee on
Foreign Relations and the Committee on Appropriations of the Senate, a
report containing a description of such violation and the corrective
action taken by the Agency: Provided further, That in awarding grants
for natural family planning under section 104 of the Foreign Assistance
Act of 1961 no applicant shall be discriminated against because of such
applicant's religious or conscientious commitment to offer only natural
family planning; and, additionally, all such applicants shall comply
with the requirements of the previous proviso: Provided further, That
for purposes of this or any other Act authorizing or appropriating funds
for foreign operations, export financing, and related programs, the term
``motivate'', as it relates to family planning assistance, shall not be
construed to prohibit the provision, consistent with local law, of
information or counseling about all pregnancy options: Provided further,
That nothing in this paragraph shall be construed to alter any existing
statutory prohibitions against abortion under section 104 of the Foreign
Assistance Act of 1961: Provided further, That, notwithstanding section
109 of the Foreign Assistance Act of 1961, of the funds appropriated
under this heading in this Act, and of the unobligated balances of funds
previously appropriated
under this heading,
[[Page 112 STAT. 2681-155]]
$2,500,000 may be transferred to ``International Organizations and
Programs'' for a contribution to the International Fund for Agricultural
Development (IFAD): Provided further, That none of the funds
appropriated under this heading may be made available for any activity
which is in contravention to the Convention on International Trade in
Endangered Species of Flora and Fauna (CITES): Provided further, That
none of the funds appropriated under this heading may be made available
for assistance for the central Government of the Republic of South
Africa, until the Secretary of State reports in writing to the
appropriate committees of the Congress on the steps being taken by the
United States Government to work with the Government of the Republic of
South Africa to negotiate the repeal, suspension, or termination of
section 15(c) of South Africa's Medicines and Related Substances Control
Amendment Act No. 90 of 1997: Provided further, That of the funds
appropriated under this heading that are made available for assistance
programs for displaced and orphaned children and victims of war, not to
exceed $25,000, in addition to funds otherwise available for such
purposes, may be used to monitor and provide oversight of such programs:
Provided further, That of the funds appropriated under this heading, not
less than $1,500,000 should be made available for agriculture programs
in Laos: Provided further, That of the funds appropriated under this
heading not less than $500,000 should be made available for support of
the United States Telecommunications Training Institute: Provided
further, That, of the funds made available by this Act for the
``Microenterprise Initiative'' (including any local currencies made
available for the purposes of the Initiative), not less than 50 percent
of the funds used for microcredit should be made available for support
of programs providing loans of less than $300 to very poor people,
particularly women, or for institutional support of organizations
primarily engaged in making such loans.
Of the funds appropriated under the headings ``Development
Assistance'' and ``Economic Support Fund'', not less than $15,000,000
shall be made available for Cyprus to be used only for scholarships,
administrative support of the scholarship program, bicommunal projects,
and measures aimed at reunification of the island and designed to reduce
tensions and promote peace and cooperation between the two communities
on Cyprus.
Of the funds appropriated under the headings ``Economic Support
Fund'' and ``Development Assistance'', not less than $6,500,000 shall be
made available to support democracy activities in Burma, democracy and
humanitarian activities along the Burma-Thailand border, and for Burmese
student groups and other organizations located outside Burma: Provided,
That funds made available for Burma-related activities under this
heading may be made available notwithstanding any other provision of
law: Provided further, That the provision of such funds shall be made
available subject to the regular notification procedures of the
Committees on Appropriations.
[[Page 112 STAT. 2681-156]]
None of the funds appropriated by this Act may be made available for
activities or programs for Cambodia until the Secretary of State
determines and reports to the Committees on Appropriations that the
Government of Cambodia has: (1) thoroughly and credibly resolved all
election-related disputes and complaints filed by all political parties
to the National Election Commission and the Constitutional Council; (2)
discontinued all political violence and intimidation of journalists and
members of opposition parties; and (3) been formed through credible,
democratic elections: Provided, That the restrictions under this heading
shall not apply to demining or activities administered by
nongovernmental organizations: Provided further, That such funds shall
be subject to the regular notification procedures of the Committees on
Appropriations.
Of the funds appropriated under the headings ``Economic Support
Fund'' and ``Development Assistance'', not less than $75,000,000 shall
be made available for assistance for Indonesia: Provided, That of this
amount, not less than $15,000,000 should be made available for
activities administered by the Office of Transition Initiatives:
Provided further, That of the amount made available under this heading
up to $25,000,000 may be derived from funds that are available for
obligation pursuant to section 511 of this Act or any comparable
provision of law.
None of <<NOTE: 22 USC 2151u note.>> the funds appropriated or
otherwise made available by this Act for development assistance may be
made available to any United States private and voluntary organization,
except any cooperative development organization, which obtains less than
20 percent of its total annual funding for international activities from
sources other than the United States Government: Provided, That the
Administrator of the Agency for International Development may, on a
case-by-case basis, waive the restriction contained in this paragraph,
after taking into account the effectiveness of the overseas development
activities of the organization, its level of volunteer support, its
financial viability and stability, and the degree of its dependence for
its financial support on the agency: Provided further, That section
123(g) of the Foreign <<NOTE: 22 USC 2151u and note.>> Assistance Act of
1961 and the paragraph entitled ``Private and Voluntary Organizations''
in title II of the Foreign Assistance and Related Programs
Appropriations Act, 1985 (as enacted in Public Law 98-473) are hereby
repealed.
Funds appropriated or otherwise made available under title II of
this Act should be made available to private and voluntary organizations
at a level which is at least equivalent to the level provided in fiscal
year 1995. Such private and voluntary organizations shall include those
which operate on a not-for-profit basis, receive contributions from
private sources, receive voluntary support from the public and are
deemed to be among the most cost-effective and successful providers of
development assistance.
[[Page 112 STAT. 2681-157]]
For necessary expenses for international disaster relief,
rehabilitation, and reconstruction assistance pursuant to section 491 of
the Foreign Assistance Act of 1961, as amended, $200,000,000, to remain
available until expended.
For the cost of direct loans and loan guarantees, $1,500,000, as
authorized by section 108 of the Foreign Assistance Act of 1961, as
amended: Provided, That such
costs shall be as defined in section 502 of the Congressional Budget
Act of 1974: Provided further, That guarantees of loans made under this
heading in support of microenterprise activities may guarantee up to 70
percent of the principal amount of any such loans notwithstanding
section 108 of the Foreign Assistance Act of 1961. In addition, for
administrative expenses to carry out programs under this heading,
$500,000, all of which may be transferred to and merged with the
appropriation for Operating Expenses of the Agency for International
Development: Provided further, That funds made available under this
heading shall remain available until September 30, 2000.
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, of guaranteed loans authorized by sections 221 and 222 of
the Foreign Assistance Act of 1961, including the cost of guaranteed
loans designed to promote the urban and environmental policies and
objectives of part I of such Act, $1,500,000, to remain available until
expended: Provided, That these funds are available to subsidize loan
principal, 100 per centum of which shall be guaranteed, pursuant to the
authority of such sections. In addition, for administrative expenses to
carry out guaranteed loan programs, $5,000,000, all of which may be
transferred to and merged with the appropriation for Operating Expenses
of the Agency for International Development: Provided further, That
commitments to guarantee loans under this heading may be entered into
notwithstanding the second and third sentences of section
222(a) <<NOTE: 22 USC 2183<plus-minus><plus-minus>. payment to the
foreign service retirement and disability fund>> of the Foreign
Assistance Act of 1961, and the third and fourth sentences of section
223(j) of such Act are repealed.
For payment to the ``Foreign Service Retirement and Disability
Fund'', as authorized by the Foreign Service Act of 1980, $44,552,000.
For necessary expenses to carry out the provisions of section 667,
$479,950,000: Provided, That none of the funds appropriated by this Act
for programs administered by the Agency for International Development
may be used to finance printing costs of any report or study (except
feasibility, design, or evaluation reports
[[Page 112 STAT. 2681-158]]
or studies) in excess of $25,000 without the approval of the
Administrator of the Agency or the Administrator's designee.
For necessary expenses to carry out the provisions of section 667,
$30,750,000, to remain available until September 30, 2000, which sum
shall be available for the Office of the Inspector General of the Agency
for International Development.
Other Bilateral Economic Assistance
For necessary expenses to carry out the provisions of chapter 4 of
part II, $2,367,000,000, to remain available until September 30, 2000:
Provided, That of the funds appropriated under this heading, not less
than $1,080,000,000 shall be available only for Israel, which sum shall
be available on a grant basis as a cash transfer and shall be disbursed
within thirty days of enactment of this Act or by October 31, 1998,
whichever is later: Provided further, That not less than $775,000,000
shall be available only for Egypt, which sum shall be provided on a
grant basis, and of which sum cash transfer assistance shall be provided
with the understanding that Egypt will undertake significant economic
reforms which are additional to those which were undertaken in previous
fiscal years: Provided further, That in exercising the authority to
provide cash transfer assistance for Israel, the President shall ensure
that the level of such assistance does not cause an adverse impact on
the total level of nonmilitary exports from the United States to such
country: Provided further, That of the funds appropriated under this
heading, not less than $150,000,000 should be made available for
assistance for Jordan: Provided further, That notwithstanding any other
provision of law, not to exceed $10,000,000 may be used to support
victims of the Holocaust.
For necessary expenses to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961, $19,600,000, which shall
be available for the United States contribution to the International
Fund for Ireland and shall be made available in accordance with the
provisions of the Anglo-Irish Agreement Support Act of 1986 (Public Law
99-415): Provided, That such amount shall be expended at the minimum
rate necessary to make timely payment for projects and activities:
Provided further, That funds made available under this heading shall
remain available until September 30, 2000.
(a) For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961 and the Support
for East European Democracy (SEED) Act of 1989, $430,000,000, to remain
available until September 30, 2000, which shall be available,
notwithstanding any other provision of law, for economic assistance and
for related programs for Eastern Europe and the Baltic States.
[[Page 112 STAT. 2681-159]]
(b) Funds appropriated under this heading shall be considered to be
economic assistance under the Foreign Assistance Act of 1961 for
purposes of making available the administrative authorities contained in
that Act for the use of economic assistance.
(c) None of the funds appropriated under this heading may be made
available for new housing construction or repair or reconstruction of
existing housing in Bosnia and Herzegovina unless directly related to
the efforts of United States troops to promote peace in said country.
(d) With regard to funds appropriated under this heading for the
economic revitalization program in Bosnia and Herzegovina, and local
currencies generated by such funds (including the conversion of funds
appropriated under this heading into currency used by Bosnia and
Herzegovina as local currency and local currency returned or repaid
under such program)--
(1) the Administrator of the Agency for International
Development shall provide written approval for grants and loans
prior to the obligation and expenditure of funds for such
purposes, and prior to the use of funds that have been returned
or repaid to any lending facility or grantee; and
(2) the provisions of section 533 of this Act shall apply.
(e) The President is authorized to withhold funds appropriated under
this heading made available for economic revitalization programs in
Bosnia and Herzegovina, if he determines and certifies to the Committees
on Appropriations that 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 that intelligence cooperation on training,
investigations, and related activities between Iranian officials and
Bosnian officials has not been terminated.
(f) Not to exceed $200,000,000 of the funds appropriated under this
heading may be made available for Bosnia and Herzegovina.
(g) Funds appropriated under this heading or in prior appropriations
Acts that are or have been made available for an Enterprise Fund may be
deposited by such Fund in interest-bearing accounts prior to the Fund's
disbursement of such funds for program purposes. The Fund may retain for
such program purposes any interest earned on such deposits without
returning such interest to the Treasury of the United States and without
further appropriation by the Congress. Funds made available for
Enterprise Funds shall be expended at the minimum rate necessary to make
timely payment for projects and activities.
(a) For necessary expenses to carry out the provisions of chapter 11
of part I of the Foreign Assistance Act of 1961 and the FREEDOM Support
Act, for assistance for the New Independent States of the former Soviet
Union and for related programs, $801,000,000, to remain available until
September 30, 2000: Provided, That the provisions of such chapter shall
apply to funds appropriated by this paragraph: Provided further, That
such sums as may be necessary may be transferred to the Export-Import
Bank of the United States for the cost of any financing under the
Export-Import Bank Act of 1945 for activities for the New Independent
States.
[[Page 112 STAT. 2681-160]]
(b) Funds appropriated under title II of this Act, including funds
appropriated under this heading, should be made available for assistance
for Mongolia at a level which is at least equivalent to the level
provided in fiscal year 1998: Provided, That funds made available for
assistance for Mongolia may be made available in accordance with the
purposes and utilizing the authorities provided in chapter 11 of part I
of the Foreign Assistance Act of 1961.
(c)(1) Of the funds appropriated under this heading that are
allocated for assistance for the Government of Russia, 50 percent shall
be withheld from obligation until the President determines and certifies
in writing to the Committees on Appropriations that the Government of
Russia has terminated implementation of arrangements to provide Iran
with technical expertise, training, technology, or equipment necessary
to develop a nuclear reactor, related nuclear research facilities or
programs, or ballistic missile capability.
(2) Notwithstanding paragraph (1) assistance may be provided for the
Government of Russia if the President determines and certifies to the
Committees on Appropriations that making such funds available: (A) is
vital to the national security interest of the United States; and (B)
that the Government of Russia is taking meaningful steps to limit major
supply contracts and to curtail the transfer of technology and
technological expertise related to activities referred to in paragraph
(1).
(d) Not more than 30 percent of the funds appropriated under this
heading may be made available for assistance for any country in the
region.
(e) Of the funds appropriated under this heading, not less than
$228,000,000 shall be made available for assistance for the Southern
Caucasus region: Provided, That of the funds made available for the
Southern Caucasus region, 17.5 percent should be used for reconstruction
and other activities relating to the peaceful resolution of conflicts
within the region, especially those in the vicinity of Abkhazia and
Nagorno-Karabakh: Provided further, That if the Secretary of State after
May 30, 1999, determines and reports to the relevant committees of
Congress that the full amount of funds that may be made available under
the first proviso cannot be effectively utilized, the amount provided
may be used for other purposes under this heading: Provided further,
That of the funds provided under this subsection, 37 percent shall be
made available for assistance for Georgia and 35 percent shall be made
available for assistance for Armenia: Provided further, That of funds
made available for Armenia, not less than 12 percent shall be made
available for an endowment for the American University in Armenia.
(f) Section 907 of the FREEDOM Support Act shall not apply to--
(1) activities to support democracy or assistance under
title V of the FREEDOM Support Act and section 1424 of Public
Law 104-201;
(2) any assistance provided by the Trade and Development
Agency under section 661 of the Foreign Assistance Act of 1961
(22 U.S.C. 2421);
(3) any activity carried out by a member of the United
States and Foreign Commercial Service while acting within his or
her official capacity;
[[Page 112 STAT. 2681-161]]
(4) any insurance, reinsurance, guarantee, or other
assistance provided by the Overseas Private Investment
Corporation under title IV of chapter 2 of part I of the Foreign
Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
(5) any financing provided under the Export-Import Bank Act
of 1945; or
(6) humanitarian assistance.
(g) Of the funds appropriated under this heading, not less than
$195,000,000 shall be made available for assistance for Ukraine:
Provided, That not less than $25,000,000 of such funds should be made
available for nuclear reactor safety programs, of which not less than
$1,000,000 shall be made available for personnel security initiatives at
all nuclear reactor installations: Provided further, That 50 percent of
the amount made available in this subsection, exclusive of funds made
available for nuclear safety and law enforcement reforms, shall be
withheld from obligation and expenditure until the Secretary of State
reports to the Committees on Appropriations that Ukraine has undertaken
significant economic reforms additional to those achieved in fiscal year
1998, and include: (1) reform and effective enforcement of commercial
and tax codes; and (2) continued progress on resolution of complaints by
United States investors: Provided further, That the report in the
previous proviso shall be provided 120 days after the date of enactment
of this Act: Provided further, That for the purposes of the agreement
with Ukraine submitted to the Congress under section 123 of the Atomic
Energy Act of 1954, as amended, the requirement to submit the agreement
and related documents to the Congress and the appropriate congressional
committees for the periods described in that Act shall be deemed
satisfied upon the enactment of this Act.
(h) The Coordinator for Assistance to the New Independent States of
the Former Soviet Union shall inform the Committees on Appropriations
prior to the obligation of funds made available under this heading for a
United States national lab to administer nuclear safety activities if
the management costs exceed 9 percent of the costs associated with the
program or activity.
Independent Agency
For expenses necessary to carry out the provisions of the Peace
Corps Act (75 Stat. 612), $240,000,000, including the purchase of not to
exceed five passenger motor vehicles for administrative purposes for use
outside of the United States: Provided, That none of the funds
appropriated under this heading shall be used to pay for abortions:
Provided further, That funds appropriated under this heading shall
remain available until September 30, 2000.
Department of State
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $261,000,000: Provided, That none of the funds
under this heading may be made available to establish or operate an
International Law Enforcement Academy for the Western Hemisphere outside
the United States: Provided further, That
[[Page 112 STAT. 2681-162]]
in addition to any funds previously made available for an International
Law Enforcement Academy for the Western Hemisphere, not less than
$5,000,000 should be made available to establish and operate the
International Law Enforcement Academy for the Western Hemisphere at the
deBremond Training Center in Roswell, New Mexico: Provided further, That
during fiscal year 1999, the Department of State may also use the
authority of section 608 of the Foreign Assistance Act of 1961, without
regard to its restrictions, to receive excess property from an agency of
the United States Government for the purpose of providing it to a
foreign country under chapter 8 of part I of that Act subject to the
regular notification procedures of the Committees on Appropriations.
For expenses, not otherwise provided for, necessary to enable the
Secretary of State to provide, as authorized by law, a contribution to
the International Committee of the Red Cross, assistance to refugees,
including contributions to the International Organization for Migration
and the United Nations High Commissioner for Refugees, and other
activities to meet refugee and migration needs; salaries and expenses of
personnel and dependents as authorized by the Foreign Service Act of
1980; allowances as authorized by sections 5921 through 5925 of title 5,
United States Code; purchase and hire of passenger motor vehicles; and
services as authorized by section 3109 of title 5, United States Code,
$640,000,000: Provided, That not more than $13,000,000 shall be
available for administrative expenses: Provided further, That not less
than $70,000,000 shall be made available for refugees from the former
Soviet Union and Eastern Europe and other refugees resettling in Israel.
For necessary expenses to carry out the provisions of section 2(c)
of the Migration and Refugee Assistance Act of 1962, as amended (22
U.S.C. 260(c)), $30,000,000, to remain available until expended:
Provided, That the funds made available under this heading are
appropriated notwithstanding the provisions contained in section 2(c)(2)
of the Migration and Refugee Assistance Act of 1962 which would limit
the amount of funds which could be appropriated for this purpose.
For necessary expenses for nonproliferation, anti-terrorism and
related programs and activities, $198,000,000, to carry out the
provisions of chapter 8 of part II of the Foreign Assistance Act of 1961
for anti-terrorism assistance, section 504 of the FREEDOM Support Act
for the Nonproliferation and Disarmament Fund, section 23 of the Arms
Export Control Act or the Foreign Assistance Act of 1961 for demining
activities, the clearance of unexploded ordnance, and related
activities, notwithstanding any other provision of law, including
activities implemented through nongovernmental and international
organizations, section 301 of the Foreign Assistance Act of 1961 for a
voluntary contribution to the
[[Page 112 STAT. 2681-163]]
International Atomic Energy Agency (IAEA) and a voluntary contribution
to the Korean Peninsula Energy Development Organization (KEDO), and for
a United States contribution to the Comprehensive Nuclear Test Ban
Treaty Preparatory Commission: Provided, That the Secretary of State
shall inform the Committees on Appropriations at least twenty days prior
to the obligation of funds for the Comprehensive Nuclear Test Ban Treaty
Preparatory Commission: Provided further, That of this amount not to
exceed $15,000,000, to remain available until expended, may be made
available for the Nonproliferation and Disarmament Fund, notwithstanding
any other provision of law, to promote bilateral and multilateral
activities relating to nonproliferation and disarmament: Provided
further, That such funds may also be used for such countries other than
the New Independent States of the former Soviet Union and international
organizations when it is in the national security interest of the United
States to do so: Provided further, That such funds shall be subject to
the regular notification procedures of the Committees on Appropriations:
Provided further, That of the funds appropriated under this heading not
less than $35,000,000 should be made available for demining, clearance
of unexploded ordnance, and related activities: Provided further, That
of the funds made available for demining and related activities, not to
exceed $500,000, in addition to funds otherwise available for such
purposes, may be used for expenses related to the operation and
management of the demining program: Provided further, That funds
appropriated under this heading may be made available for the
International Atomic Energy Agency only if the Secretary of State
determines (and so reports to the Congress) that Israel is not being
denied its right to participate in the activities of that Agency.
Department of the Treasury
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, of modifying direct loans and loan guarantees, as the
President may determine, for which funds have been appropriated or
otherwise made available for programs within the International Affairs
Budget Function 150, including the cost of selling, reducing, or
canceling amounts, through debt buybacks and swaps, owed to the United
States as a result of concessional loans made to eligible Latin American
and Caribbean countries, pursuant to part IV of the Foreign Assistance
Act of 1961; of modifying concessional credit agreements with least
developed countries, as authorized under section 411 of the Agricultural
Trade Development and Assistance Act of 1954, as amended; and
concessional loans, guarantees and credit agreements with any country in
sub-Saharan Africa, as authorized under section 572 of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1989 (Public Law 100-461); and of modifying any obligation, or portion
of such obligation for Latin American countries to pay for purchases of
United States agricultural commodities guaranteed by the Commodity
Credit Corporation under export credit guarantee programs authorized
pursuant to section 5(f ) of the Commodity Credit Corporation Charter
Act of June 29, 1948, as amended, section 4(b) of the Food for Peace Act
of 1966, as amended (Public Law 89-808), or section 202 of the
Agricultural Trade Act of 1978, as amended (Public Law 95-501),
$33,000,000, to remain available
[[Page 112 STAT. 2681-164]]
until expended: Provided, That not to exceed $2,900,000 of such funds
may be used for implementation of improvements in the foreign credit
reporting system of the United States Government: Provided further, That
the authority provided by section 572 of Public Law 100-461 may be
exercised only with respect to countries that are eligible to borrow
from the International Development Association, but not from the
International Bank for Reconstruction and Development, commonly referred
to as ``IDA-only'' countries: Provided further, That the authorities and
appropriation under this heading shall also satisfy the requirement of
section 808(a)(3) of part V of the Foreign Assistance Act, as amended,
for the purpose of debt buybacks and swaps which incur no costs (as
defined under section 502(5) of the Federal Credit Reform Act of 1990)
in fiscal year 1999.
For necessary expenses to carry out Department of the Treasury
international affairs technical assistance activities, $1,500,000, to
remain available until expended, which shall be available, pursuant to
section 589 of this Act, for economic technical assistance and for
related programs.
For the United States Community Adjustment and Investment Program
authorized by section 543 of the North American Free Trade Agreement
Implementation Act, $10,000,000 to remain available until September 30,
2000: Provided, That the Secretary may transfer such funds to the North
American Development Bank and/or to one or more Federal agencies for the
purpose of enabling the Bank or such Federal agencies to assist in
carrying out the program by providing technical assistance, grants,
loans, loan guarantees, and other financial subsidies endorsed by the
inter-agency finance committee established by section 7 of Executive
Order 12916: Provided further, That no portion of such funds may be
transferred to the Bank unless the Secretary shall have first entered
into an agreement with the Bank that provides that any such funds may
not be used for the Bank's administrative expenses: Provided further,
That any funds transferred to the Bank under this head will be in
addition to the 10 percent of the paid-in capital paid to the Bank by
the United States referred to in section 543 of the Act: Provided
further, That any funds transferred to any Federal agency under this
head will be in addition to amounts otherwise provided to such agency:
Provided further, That any funds transferred to an agency under this
head shall be subject to the same terms and conditions as the account to
which transferred.
TITLE III--MILITARY ASSISTANCE
Funds Appropriated to the President
For necessary expenses to carry out the provisions of section 541 of
the Foreign Assistance Act of 1961, $50,000,000 of which up to
$1,000,000 may remain available until expended: Provided, That the
civilian personnel for whom military education and
[[Page 112 STAT. 2681-165]]
training may be provided under this heading may include civilians who
are not members of a government whose participation would contribute to
improved civil-military relations, civilian control of the military, or
respect for human rights: Provided further, That funds appropriated
under this heading for grant financed military education and training
for Indonesia and Guatemala may only be available for expanded
international military education and training and funds made available
for Guatemala may only be provided through the regular notification
procedures of the Committees on Appropriations: Provided further, That
none of the funds appropriated under this heading may be made available
to support grant financed military education and training at the School
of the Americas unless the Secretary of Defense certifies that the
instruction and training provided by the School of the Americas is fully
consistent with training and doctrine, particularly with respect to the
observance of human rights, provided by the Department of Defense to
United States military students at Department of Defense institutions
whose primary purpose is to train United States military personnel.
For expenses necessary for grants to enable the President to carry
out the provisions of section 23 of the Arms Export Control Act,
$3,330,000,000: Provided, That of the funds appropriated under this
heading, not less than $1,860,000,000 shall be available for grants only
for Israel, and not less than $1,300,000,000 shall be made available for
grants only for Egypt: Provided further, That the funds appropriated by
this paragraph for Israel shall be disbursed within thirty days of
enactment of this Act or by October 31, 1998, whichever is later:
Provided further, That to the extent that the Government of Israel
requests that funds be used for such purposes, grants made available for
Israel by this paragraph shall, as agreed by Israel and the United
States, be available for advanced weapons systems, of which not less
than $490,000,000 shall be available for the procurement in Israel of
defense articles and defense services, including research and
development: Provided further, That of the funds appropriated by this
paragraph, not less than $45,000,000 should be available for assistance
for Jordan: Provided further, That during fiscal year 1999 the President
is authorized to, and shall, direct drawdowns of defense articles from
the stocks of the Department of Defense, defense services of the
Department of Defense, and military education and training of an
aggregate value of not less than $25,000,000 under the authority of this
proviso for Jordan for the purposes of part II of the Foreign Assistance
Act of 1961: Provided further, That section 506(c) of the Foreign
Assistance Act of 1961 shall apply, and section 632(d) of the Foreign
Assistance Act of 1961 shall not apply, to any such drawdown: Provided
further, That none of the funds made available under this heading shall
be available for any non-NATO country participating in the Partnership
for Peace Program except through the regular notification procedures of
the Committees on Appropriations: Provided further, That of the funds
appropriated by this paragraph, not less than $7,000,000 shall be made
available for assistance for Tunisia: Provided further, That during
fiscal year 1999, the President is authorized to, and shall, direct the
drawdowns of defense articles from the stocks of the Department of
Defense, defense services of the Department of Defense, and
[[Page 112 STAT. 2681-166]]
military education and training of an aggregate value of not less than
$5,000,000 under the authority of this proviso for Tunisia for the
purposes of part II of the Foreign Assistance Act of 1961 and any amount
so directed shall count toward meeting the earmark in the previous
proviso: Provided further, That section 506(c) of the Foreign Assistance
Act of 1961 shall apply and section 632(d) of the Foreign Assistance Act
of 1961 shall not apply to any such drawdown: Provided further, That
funds appropriated by this paragraph shall be nonrepayable
notwithstanding any requirement in section 23 of the Arms Export Control
Act: Provided further, That funds made available under this heading
shall be obligated upon apportionment in accordance with paragraph
(5)(C) of title 31, United States Code, section 1501(a).
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, of direct loans authorized by section 23 of the Arms Export
Control Act as follows: cost of direct loans, $20,000,000: Provided,
That these funds are available to subsidize gross obligations for the
principal amount of direct loans of not to exceed $167,000,000.
None of the funds made available under this heading shall be
available to finance the procurement of defense articles, defense
services, or design and construction services that are not sold by the
United States Government under the Arms Export Control Act unless the
foreign country proposing to make such procurements has first signed an
agreement with the United States Government specifying the conditions
under which such procurements may be financed with such funds: Provided,
That all country and funding level increases in allocations shall be
submitted through the regular notification procedures of section 515 of
this Act: Provided further, That none of the funds appropriated under
this heading shall be available for assistance for Sudan and Liberia:
Provided further, That funds made available under this heading may be
used, notwithstanding any other provision of law, for demining, the
clearance of unexploded ordnance, and related activities, and may
include activities implemented through nongovernmental and international
organizations: Provided further, That none of the funds under this
heading shall be available for assistance for Guatemala: Provided
further, That only those countries for which assistance was justified
for the ``Foreign Military Sales Financing Program'' in the fiscal year
1989 congressional presentation for security assistance programs may
utilize funds made available under this heading for procurement of
defense articles, defense services or design and construction services
that are not sold by the United States Government under the Arms Export
Control Act: Provided further, That, subject to the regular notification
procedures of the Committees on Appropriations, funds made available
under this heading for the cost of direct loans may also be used to
supplement the funds available under this heading for grants, and funds
made available under this heading for grants may also be used to
supplement the funds available under this heading for the cost of direct
loans: Provided further, That funds appropriated under this heading
shall be expended at the minimum rate necessary to make timely payment
for defense articles and services: Provided further, That not more than
$29,910,000 of the funds appropriated under this heading may be
obligated for necessary expenses, including the purchase of passenger
motor vehicles for replacement only for use outside of the United
States, for the general costs of administering military
[[Page 112 STAT. 2681-167]]
assistance and sales: Provided further, That not more than $340,000,000
of funds realized pursuant to section 21(e)(1)(A) of the Arms Export
Control Act may be obligated for expenses incurred by the Department of
Defense during fiscal year 1999 pursuant to section 43(b) of the Arms
Export Control Act, except that this limitation may be exceeded only
through the regular notification procedures of the Committees on
Appropriations.
For necessary expenses to carry out the provisions of section 551 of
the Foreign Assistance Act of 1961, $76,500,000: Provided, That none of
the funds appropriated under this heading shall be obligated or expended
except as provided through the regular notification procedures of the
Committees on Appropriations.
TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE
For payment to the International Bank for Reconstruction and
Development by the Secretary of the Treasury, for the United States
contribution to the Global Environment Facility (GEF), $192,500,000 to
remain available until expended for contributions previously due:
Provided, That such funds shall be subject to the regular notification
procedures of the Committees on Appropriations.
For payment to the International Development Association (IDA) by
the Secretary of the Treasury, $800,000,000, to remain available until
expended: Provided, That none of these funds may be obligated or
expended until the Secretary of the Treasury certifies that a procedure
has been established for the Comptroller General of the United States to
be provided full access to: (1) the financial and related records of the
International Bank for Reconstruction and Development and IDA for the
purposes of conducting audits of current loans and financial assistance
provided by these institutions; and (2) management personnel manuals,
procedures, and policy guidelines: Provided further, That following the
review conducted in the previous proviso, the Comptroller General shall
report to the Committees on Appropriations on the results of the audit
and recommendations to improve institutional financial and personnel
procedures, especially regarding the protection of individuals alleging
mismanagement, fraud, or abuses: Provided further, That at least ten
days prior to the obligation of funds appropriated under this heading
the Secretary of Treasury shall report to the
Committees on Appropriations of his intent to obligate such funds.
[[Page 112 STAT. 2681-168]]
For payment to the Inter-American Development Bank by the Secretary
of the Treasury, for the United States share of the paid-in share
portion of the increase in capital stock, $25,610,667.
For payment to the Inter-American Bank by the Secretary of the
Treasury, for the United States share of the increase in resources for
the Fund for Special Operations, $21,152,000, to remain available until
expended for contributions previously due.
The United States Governor of the Inter-American Development Bank
may subscribe without fiscal year limitation to the callable capital
portion of the United States share of such capital stock in an amount
not to exceed $1,503,718,910.
For payment to the Enterprise for the Americas Multilateral
Investment Fund by the Secretary of the Treasury, for the United States
contribution to the Fund, $50,000,000 to remain available until expended
for contributions previously due.
For payment to the Asian Development Bank by the Secretary of the
Treasury for the United States share of the paid-in portion of the
increase in capital stock, $13,221,596, to remain available until
expended.
The United States Governor of the Asian Development Bank may
subscribe without fiscal year limitation to the callable capital portion
of the United States share of such capital stock in an amount not to
exceed $647,858,204.
For the United States contribution by the Secretary of the Treasury
to the increases in resources of the Asian Development Fund, as
authorized by the Asian Development Bank Act, as amended (Public Law 89-
369), $210,000,000, to remain available until expended, of which
$187,000,000 shall be available for contributions previously due.
For the United States contribution by the Secretary of the Treasury
to the increase in resources of the African Development Fund,
$128,000,000, to remain available
until expended, of which $88,300,000 shall be available for
contributions previously due.
[[Page 112 STAT. 2681-169]]
For payment to the European Bank for Reconstruction and Development
by the Secretary of the Treasury, $35,778,717, for the United States
share of the paid-in portion of the increase in capital stock, to remain
available until expended.
The United States Governor of the European Bank for Reconstruction
and Development may subscribe without fiscal year limitation to the
callable capital portion of the United States share of such capital
stock in an amount not to exceed $123,237,803.
International Organizations and Programs
For necessary expenses to carry out the provisions of section 301 of
the Foreign Assistance Act of 1961, and of section 2 of the United
Nations Environment Program Participation Act of 1973, $187,000,000:
Provided, That none of the funds appropriated under this heading shall
be made available for the United Nations Fund for Science and
Technology: Provided further, That none of the funds appropriated under
this heading may be made available for the United Nations Population
Fund (UNFPA): Provided further, That not less than $5,000,000 should be
made available to the World Food Program: Provided further, That none of
the funds made available under this heading, may be provided to the
Climate Stabilization Fund until fifteen days after the Department of
State provides a report to the Committees on Foreign Relations and
Appropriations in the Senate and the Committees on International
Relations and Appropriations in the House of Representatives detailing
the number of Fund employees and associated salaries and the fiscal year
1998 and 1999 Fund activities, programs or projects and associated
costs: Provided further, That none of the funds appropriated under this
heading may be made available to the Korean Peninsula Energy Development
Organization (KEDO) or the International Atomic Energy Agency (IAEA).
TITLE V--GENERAL PROVISIONS
Sec. 501. Except for the appropriations entitled ``International
Disaster Assistance'', and ``United States Emergency Refugee and
Migration Assistance Fund'', not more than 15 percent of any
appropriation item made available by this Act shall be obligated during
the last month of availability.
Sec. 502. Notwithstanding section 614 of the Foreign Assistance Act
of 1961, none of the funds contained in title II of this Act may be used
to carry out the provisions of section 209(d) of the Foreign Assistance
Act of 1961.
[[Page 112 STAT. 2681-170]]
Sec. 503. Of the funds appropriated or made available pursuant to
this Act, not to exceed $126,500 shall be for official residence
expenses of the Agency for International Development during the current
fiscal year: Provided, That appropriate steps shall be taken to assure
that, to the maximum extent possible, United States-owned foreign
currencies are utilized in lieu of dollars.
Sec. 504. Of the funds appropriated or made available pursuant to
this Act, not to exceed $5,000 shall be for entertainment expenses of
the Agency for International Development during the current fiscal year.
Sec. 505. Of the funds appropriated or made available pursuant to
this Act, not to exceed $95,000 shall be available for representation
allowances for the Agency for International Development during the
current fiscal year: Provided, That appropriate steps shall be taken to
assure that, to the maximum extent possible, United States-owned foreign
currencies are utilized in lieu of dollars: Provided further, That of
the funds made available by this Act for general costs of administering
military assistance and sales under the heading ``Foreign Military
Financing Program'', not to exceed $2,000 shall be available for
entertainment expenses and not to exceed $50,000 shall be available for
representation allowances: Provided further, That of the funds made
available by this Act under the heading ``International Military
Education and Training '', not to exceed $50,000 shall be available for
entertainment allowances: Provided further, That of the funds made
available by this Act for the Inter-American Foundation, not to exceed
$2,000 shall be available for entertainment and representation
allowances: Provided further, That of the funds made available by this
Act for the Peace Corps, not to exceed a total of $4,000 shall be
available for entertainment expenses: Provided further, That of the
funds made available by this Act under the heading ``Trade and
Development Agency'', not to exceed $2,000 shall be available for
representation and entertainment allowances.
Sec. 506. None of the funds appropriated or made available (other
than funds for ``Nonproliferation, Anti-terrorism, Demining and Related
Programs'') pursuant to this Act, for carrying out the Foreign
Assistance Act of 1961, may be used, except for purposes of nuclear
safety, to finance the export of nuclear equipment, fuel, or technology.
Sec. 507. None of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended to finance directly
any assistance or reparations to Cuba, Iraq, Libya, North Korea, Iran,
Sudan, or Syria: Provided, That for purposes of this section, the
prohibition on obligations or expenditures shall
[[Page 112 STAT. 2681-171]]
include direct loans, credits, insurance and guarantees of the Export-
Import Bank or its agents.
Sec. 508. None of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended to finance directly
any assistance to any country whose duly elected head of government is
deposed by military coup or decree: Provided, That assistance may be
resumed to such country if the President determines and reports to the
Committees on Appropriations that subsequent to the termination of
assistance a democratically elected government has taken office.
Sec. 509. None of the funds made available by this Act may be
obligated under an appropriation account to which they were not
appropriated, except for transfers specifically provided for in this
Act, unless the President, prior to the exercise of any authority
contained in the Foreign Assistance Act of 1961 to transfer funds,
consults with and provides a written policy justification to the
Committees on Appropriations of the House of Representatives and the
Senate: Provided, That the exercise of such authority shall be subject
to the regular notification procedures of the Committees on
Appropriations.
Sec. 510. (a) Amounts certified pursuant to section 1311 of the
Supplemental Appropriations Act, 1955, as having been obligated against
appropriations heretofore made under the authority of the Foreign
Assistance Act of 1961 for the same general purpose as any of the
headings under title II of this Act are, if deobligated, hereby
continued available for the same period as the respective appropriations
under such headings or until September 30, 1999, whichever is later, and
for the same general purpose, and for countries within the same region
as originally obligated: Provided, That the Appropriations Committees of
both Houses of the Congress are notified 15 days in advance of the
reobligation of such funds in accordance with regular notification
procedures of the Committees on Appropriations.
(b) Obligated balances of funds appropriated to carry out section 23
of the Arms Export Control Act as of the end of the fiscal year
immediately preceding the current fiscal year are, if deobligated,
hereby continued available during the current fiscal year for the same
purpose under any authority applicable to such appropriations under this
Act: Provided, That the authority of this subsection may not be used in
fiscal year 1999.
Sec. 511. No part of any appropriation contained in this Act shall
remain available for obligation after the expiration of the current
fiscal year unless expressly so provided in this Act: Provided, That
funds appropriated for the purposes of chapters 1, 8, and 11 of part I,
section 667, and chapter 4 of part II of the Foreign Assistance Act of
1961, as amended, and funds provided under the heading ``Assistance for
Eastern Europe and the Baltic
[[Page 112 STAT. 2681-172]]
States'', shall remain available until expended if such funds are
initially obligated before the expiration of their respective periods of
availability contained in this Act: Provided further, That,
notwithstanding any other provision of this Act, any funds made
available for the purposes of chapter 1 of part I and chapter 4 of part
II of the Foreign Assistance Act of 1961 which are allocated or
obligated for cash disbursements in order to address balance of payments
or economic policy reform objectives, shall remain available until
expended: Provided further, That the report required by section 653(a)
of the Foreign Assistance Act of 1961 shall designate for each country,
to the extent known at the time of submission of such report, those
funds allocated for cash disbursement for balance of payment and
economic policy reform purposes.
Sec. 512. No part of any appropriation contained in this Act shall
be used to furnish assistance to any country which is in default during
a period in excess of one calendar year in payment to the United States
of principal or interest on any loan made to such country by the United
States pursuant to a program for which funds are appropriated under this
Act: Provided, That this section and section 620(q) of the Foreign
Assistance Act of 1961 shall not apply to funds made available in this
Act or during the current fiscal year for Nicaragua, Brazil, Liberia,
and for any narcotics-related assistance for Colombia, Bolivia, and Peru
authorized by the Foreign Assistance Act of 1961 or the Arms Export
Control Act.
Sec. 513. (a) None of the funds appropriated or made available
pursuant to this Act for direct assistance and none of the funds
otherwise made available pursuant
to this Act to the Export-Import Bank and the Overseas Private
Investment Corporation shall be obligated or expended to finance any
loan, any assistance or any other financial commitments for establishing
or expanding production of any commodity for export by any country other
than the United States, if the commodity is likely to be in surplus on
world markets at the time the resulting productive capacity is expected
to become operative and if the assistance will cause substantial injury
to United States producers of the same, similar, or competing commodity:
Provided, That such prohibition shall not apply to the Export-Import
Bank if in the judgment of its Board of Directors the benefits to
industry and employment in the United States are likely to outweigh the
injury to United States producers of the same, similar, or competing
commodity, and the Chairman of the Board so notifies the Committees on
Appropriations.
(b) None of the funds appropriated by this or any other Act to carry
out chapter 1 of part I of the Foreign Assistance Act of 1961 shall be
available for any testing or breeding feasibility study, variety
improvement or introduction, consultancy, publication, conference, or
training in connection with the growth or production in a foreign
country of an agricultural commodity for export which would compete with
a similar commodity grown or produced in the United States: Provided,
That this subsection shall not prohibit--
[[Page 112 STAT. 2681-173]]
(1) activities designed to increase food security in
developing countries where such activities will not have a
significant impact in the export of agricultural commodities of
the United States; or
(2) research activities intended primarily to benefit
American producers.
Sec. 514. <<NOTE: 22 USC 262h.>> (a) The Secretary of the Treasury
shall instruct the United States Executive Directors of the
International Bank for Reconstruction and Development, the International
Development Association, the International Finance Corporation, the
Inter-American Development Bank, the International Monetary Fund, the
Asian Development Bank, the Inter-American Investment Corporation, the
North American Development Bank, the European Bank for Reconstruction
and Development, the African Development Bank, and the African
Development Fund to use the voice and vote of the United States to
oppose any assistance by these institutions, using funds appropriated or
made available pursuant to this Act, for the production or extraction of
any commodity or mineral for export, if it is in surplus on world
markets and if the assistance will cause substantial injury to United
States producers of the same, similar, or competing commodity.
(b) The Secretary of the Treasury should instruct the United States
executive directors of international financial institutions listed in
subsection (a) of this section to use the voice and vote of the United
States to support the purchase of American produced agricultural
commodities with funds appropriated or made available pursuant to this
Act.
Sec. 515. (a) For the purposes of providing the executive branch
with the necessary administrative flexibility, none of the funds made
available under this Act for ``Child Survival and Disease Programs
Fund'', ``Development assistance'', ``International Organizations and
Programs'', ``Trade and Development Agency'', ``International narcotics
control and law enforcement'', ``Assistance for Eastern Europe and the
Baltic States'', ``Assistance for the New Independent States of the
Former Soviet Union'', ``Economic Support Fund'', ``Peacekeeping
operations'', ``Operating expenses of the Agency for International
Development'', ``Operating expenses of the Agency for International
Development Office of Inspector General'', ``Nonproliferation, anti-
terrorism, demining and related programs'', ``Foreign Military Financing
Program'', ``International military education and training '', ``Peace
Corps'', ``Migration and refugee assistance'', shall be available for
obligation for activities, programs, projects, type of materiel
assistance, countries, or other operations not justified or in excess of
the amount justified to the Appropriations Committees for obligation
under any of these specific headings unless the Appropriations
Committees of both Houses of Congress are previously notified 15 days in
advance: Provided, That the President shall not enter into any
commitment of funds appropriated for the purposes of section 23 of the
Arms Export Control Act for the provision of major defense equipment,
other than conventional ammunition, or other major defense items defined
to be aircraft, ships, missiles, or combat vehicles, not
[[Page 112 STAT. 2681-174]]
previously justified to Congress or 20 percent in excess of the
quantities justified to Congress unless the Committees on Appropriations
are notified 15 days in advance of such commitment: Provided further,
That this section shall not apply to any reprogramming for an activity,
program, or project under chapter 1 of part I of the Foreign Assistance
Act of 1961 of less than 10 percent of the amount previously justified
to the Congress for obligation for such activity, program, or project
for the current fiscal year: Provided further, That the requirements of
this section or any similar provision of this Act or any other Act,
including any prior Act requiring notification in accordance with the
regular notification procedures of the Committees on Appropriations, may
be waived if failure to do so would
pose a substantial risk to human health or welfare: Provided further,
That in case of any such waiver, notification to the Congress, or the
appropriate congressional committees, shall be provided as early as
practicable, but in no event later than three days after taking the
action to which such notification requirement was applicable, in the
context of the circumstances necessitating such waiver: Provided
further, That any notification provided pursuant to such a waiver shall
contain an explanation of the emergency circumstances.
(b) Drawdowns made pursuant to section 506(a)(2) of the Foreign
Assistance Act of 1961 shall be subject to the regular notification
procedures of the Committees on Appropriations.
Sec. 516. Subject to the regular notification procedures of the
Committees on Appropriations, funds appropriated under this Act or any
previously enacted Act making appropriations for foreign operations,
export financing, and related programs, which are returned or not made
available for organizations and programs because of the implementation
of section 307(a) of the Foreign Assistance Act of 1961, shall remain
available for obligation until September 30, 2000:
Provided,That <<NOTE: 22 USC 2227. new independent states of the former
soviet union>> section 307(a) of the Foreign Assistance Act of 1961, is
amended by inserting before the period at the end thereof ``, or at the
discretion of the President, Communist countries listed in section
620(f) of this Act''.
Sec. 517. (a) None of the funds appropriated under the heading
``Assistance for the New Independent States of the Former Soviet Union''
shall be made available for assistance for a Government of the New
Independent States of the former Soviet Union--
(1) unless that Government is making progress in
implementing comprehensive economic reforms based on market
principles, private ownership, respect for commercial contracts,
and equitable treatment of foreign private investment; and
(2) if that Government applies or transfers United States
assistance to any entity for the purpose of expropriating or
seizing ownership or control of assets, investments, or
ventures.
Assistance may be furnished without regard to this subsection if the
President determines that to do so is in the national interest.
(b) <<NOTE: 22 USC 5814 note.>> None of the funds appropriated
under the heading ``Assistance for the New Independent States of the
Former Soviet Union''
[[Page 112 STAT. 2681-175]]
shall be made available for assistance for a Government of the New
Independent States of
the former Soviet Union if that government directs any action in
violation of the territorial integrity or national sovereignty of any
other new independent state, such as those violations included in the
Helsinki Final Act: Provided, That such funds may be made available
without regard to the restriction in this subsection if the President
determines that to do so is in the national security interest of the
United States.
(c) None of the funds appropriated under the heading ``Assistance
for the New Independent States of the Former Soviet Union'' shall be
made available for any state to enhance its military capability:
Provided, That this restriction does not apply to demilitarization,
demining or nonproliferation programs.
(d) Funds appropriated under the heading ``Assistance for the New
Independent States of the Former Soviet Union'' shall be subject to the
regular notification procedures of the Committees on Appropriations.
(e) Funds made available in this Act for assistance to the New
Independent States of the former Soviet Union shall be subject to the
provisions of section 117 (relating to environment and natural
resources) of the Foreign Assistance Act of 1961.
(f) Funds appropriated in this or prior appropriations Acts that are
or have been made available for an Enterprise Fund in the New
Independent States of the Former Soviet Union may be deposited by such
Fund in interest-bearing accounts prior to the disbursement of such
funds by the Fund for program purposes. The Fund may retain for such
program purposes any interest earned on such deposits without returning
such interest to the Treasury of the United States and without further
appropriation by the Congress. Funds made available for Enterprise Funds
shall be expended at the minimum rate necessary to make timely payment
for projects and activities.
(g) In issuing new task orders, entering into contracts, or making
grants, with funds appropriated in this Act or prior appropriations Acts
under the heading ``Assistance for the New Independent States of the
Former Soviet Union'' for projects or activities that have as one of
their primary purposes the fostering of private sector development, the
Coordinator for United States Assistance to the New Independent States
and the implementing agency shall encourage the participation of and
give significant weight to contractors and grantees who propose
investing a significant amount of their own resources (including
volunteer services and in-kind contributions) in such projects and
activities.
(h)(1) Withholding of Assistance.--None of the funds appropriated by
this Act may be made available for assistance for the Government of the
Russian Federation, after 180 days from the date of enactment of this
Act, until agreement has been reached that assistance provided with
funds appropriated by this Act will not be subject to customs duties or
that legislation has been enacted and is in force that exempts such
assistance from being subject to customs duties.
(2) Waiver.--Notwithstanding paragraph (1), assistance may be
provided for the Government of the Russian Federation if the President
determines that significant progress has been made on reaching an
agreement, or enacting and enforcing legislation, that meets the
objectives of this section to provide exemption from customs duties for
assistance furnished under this Act.
[[Page 112 STAT. 2681-176]]
Sec. 518. None of
the funds made available to carry out part I of the Foreign Assistance
Act of 1961, as amended, may be used to pay for the performance of
abortions as a method of family planning or to motivate or coerce any
person to practice abortions. None of the funds made available to carry
out part I of the Foreign Assistance Act of 1961, as amended, may be
used to pay for the performance of involuntary sterilization as a method
of family planning or to coerce or provide any financial incentive to
any person to undergo sterilizations. None of the funds made available
to carry out part I of the Foreign Assistance Act of 1961, as amended,
may be used to pay for any biomedical research which relates in whole or
in part, to methods of, or the performance of, abortions or involuntary
sterilization as a means of family planning. None of the funds made
available to carry out part I of the Foreign Assistance Act of 1961, as
amended, may be obligated or expended for any country or organization if
the President certifies that the use of these funds by any such country
or organization would violate any of the above provisions related to
abortions and involuntary sterilizations: Provided, That none of the
funds made available under this Act may be used to lobby for or against
abortion.
Sec. 519. Section 105 of Public Law 104-164 (110 Stat. 1427) is
amended by striking ``1996 and 1997'' and inserting ``1999 and 2000''.
Sec. 520. None of the funds appropriated by this Act shall be
obligated or expended for Colombia, Honduras, Haiti, Liberia, Pakistan,
Serbia, Sudan, or the Democratic Republic of Congo except as provided
through the regular notification procedures of the Committees on
Appropriations.
Sec. 521. For the purpose of this Act, ``program, project, and
activity'' shall be defined at the appropriations Act account level and
shall include all appropriations and authorizations Acts earmarks,
ceilings, and limitations with the exception that for the following
accounts: Economic Support Fund and Foreign Military Financing Program,
``program, project, and activity'' shall also be considered to include
country, regional, and central program level funding within each such
account; for the development assistance accounts of the Agency for
International Development ``program, project, and activity'' shall also
be considered to include central program level funding, either as: (1)
justified to the Congress; or (2) allocated by the executive branch in
accordance with a report, to be provided to the Committees on
Appropriations within 30 days of enactment of this Act, as required by
section 653(a) of the Foreign Assistance Act of 1961.
[[Page 112 STAT. 2681-177]]
Sec. 522. Up to $10,000,000 of the funds made available by this Act
for assistance for family planning, health, child survival, basic
education, AIDS and other infectious diseases, may be used to reimburse
United States Government agencies, agencies of State governments,
institutions of higher learning, and private and voluntary organizations
for the full cost of individuals (including for the personal services of
such individuals) detailed or assigned to, or contracted by, as the case
may be, the Agency for International Development for the purpose of
carrying out family planning activities, child survival, and basic
education activities, and activities relating to research on, and the
prevention, treatment and control of acquired immune deficiency syndrome
or other diseases in developing countries: Provided, That funds
appropriated by this Act that are made available for child survival
activities or disease programs including activities relating to research
on, and the prevention, treatment and control of, acquired immune
deficiency syndrome may be made available notwithstanding any provision
of law that restricts assistance to foreign countries: Provided further,
That funds appropriated under title II of this Act may be made available
pursuant to section 301 of the Foreign Assistance Act of 1961 if a
primary purpose of the assistance is for child survival and related
programs: Provided further, That funds appropriated by this Act that are
made available for family planning activities may be made available
notwithstanding section 512 of this Act and section 620(q) of the
Foreign Assistance Act of 1961.
Sec. 523. None of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated
to finance indirectly any assistance or reparations to Cuba, Iraq,
Libya, Iran, Syria, North Korea, or the People's Republic of China,
unless the President of the United States certifies that the withholding
of these funds is contrary to the national interest of the United
States.
Sec. 524. Section 61(a) of the Arms Export Control Act is
amended <<NOTE: 22 USC 2796. NOTIFICATION ON EXCESS DEFENSE
EQUIPMENT>> by striking out ``1998'' and inserting in lieu thereof ``the
current fiscal year''.
Sec. 525. Prior to providing excess Department of Defense articles
in accordance with section 516(a) of the Foreign Assistance Act of 1961,
the Department of Defense shall notify the Committees on Appropriations
to the same extent and under the same conditions as are other committees
pursuant to subsection (c) of that section: Provided, That before
issuing a letter of offer to sell excess defense articles under the Arms
Export Control Act, the Department of Defense shall notify the
Committees on Appropriations in accordance with the regular notification
procedures of such Committees: Provided further, That such Committees
shall also be informed of the original acquisition cost of such defense
articles.
[[Page 112 STAT. 2681-178]]
Sec. 526. Funds appropriated by this Act may be obligated and
expended notwithstanding section 10 of Public Law 91-672 and section 15
of the State Department Basic Authorities Act of 1956.
Sec. 527. Notwithstanding any other provision of law that restricts
assistance to foreign countries, funds appropriated by this Act for
``Economic Support Fund'' may be made available 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, and for activities of nongovernmental organizations
located outside the People's Republic of China to foster democracy in
that country: Provided, That none of the funds made available for
activities to foster democracy in the People's Republic of China may be
made available for assistance to the government of that country.
Sec. 528. (a) Notwithstanding any other provision of law, funds
appropriated for bilateral assistance under any heading of this Act and
funds appropriated under any such heading in a provision of law enacted
prior to enactment of this Act, shall not be made available 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.
(b) The President may waive the application of subsection (a) to a
country if the President determines that national security or
humanitarian reasons justify such waiver. <<NOTE: Federal Register,
publication. COMMERCIAL LEASING OF DEFENSE ARTICLES>> The President
shall publish each waiver in the Federal Register and, at least fifteen
days before the waiver takes effect, shall notify the Committees on
Appropriations of the waiver (including the justification for the
waiver) in accordance with the regular notification procedures of the
Committees on Appropriations.
Sec. 529. <<NOTE: 22 USC 2763 note. COMPETITIVE
INSURANCE>> Notwithstanding any other provision of law, and subject to
the regular notification procedures of the Committees on Appropriations,
the authority of section 23(a) of the Arms Export Control Act may be
used to provide financing to Israel, Egypt and NATO and major non-NATO
allies for the procurement by leasing (including leasing with an option
to purchase) of defense articles from United States commercial
suppliers, not including Major Defense Equipment (other than helicopters
and other types of aircraft having possible civilian application), if
the President determines that there are compelling foreign policy or
national security reasons for those defense articles being provided by
commercial lease rather than by government-to-government sale under such
Act.
[[Page 112 STAT. 2681-179]]
Sec. 530. All Agency for International Development contracts and
solicitations, and subcontracts entered into under such contracts, shall
include a clause requiring that United States insurance companies have a
fair opportunity to bid for insurance when such insurance is necessary
or appropriate.
Sec. 531. Except as provided in section 581 of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1990, the United States may not sell or otherwise make available any
Stingers to any country bordering the Persian Gulf under the Arms Export
Control Act or chapter 2 of part II of the Foreign Assistance Act of
1961.
Sec. 532. In order to enhance the continued participation of
nongovernmental organizations in economic assistance activities under
the Foreign Assistance Act of 1961, including endowments, debt-for-
development and debt-for-nature exchanges, a nongovernmental
organization which is a grantee or contractor of the Agency for
International Development may place in interest bearing accounts funds
made available under this Act or prior Acts
or local currencies which accrue to that organization as a result of
economic assistance provided under title II of this Act and any interest
earned on such investment shall be used for the purpose for which the
assistance was provided to that organization.
Sec. 533. <<NOTE: 22 USC 2362 note.>> (a) Separate Accounts for
Local Currencies.--(1) If assistance is furnished to the government of a
foreign country under chapters 1 and 10 of part I or chapter 4 of part
II of the Foreign Assistance Act of 1961 under agreements which result
in the generation of local currencies of that country, the Administrator
of the Agency for International Development shall--
(A) require that local currencies be deposited in a separate
account established by that government;
(B) enter into an agreement with that government which sets
forth--
(i) the amount of the local currencies to be
generated, and
(ii) the terms and conditions under which the
currencies so deposited may be utilized, consistent with
this section; and
(C) establish by agreement with that government the
responsibilities of the Agency for International Development and
that government to monitor and account for deposits into and
disbursements from the separate account.
(2) Uses of Local Currencies.--As may be agreed upon with the
foreign government, local currencies deposited in a separate account
pursuant to subsection (a), or an equivalent amount of local currencies,
shall be used only--
(A) to carry out chapters 1 or 10 of part I or chapter 4 of
part II (as the case may be), for such purposes as--
(i) project and sector assistance activities, or
[[Page 112 STAT. 2681-180]]
(ii) debt and deficit financing, or
(B) for the administrative requirements of the United States
Government.
(3) Programming Accountability.--The Agency for International
Development shall take all necessary steps to ensure that the equivalent
of the local currencies disbursed pursuant to subsection (a)(2)(A) from
the separate account established pursuant to subsection (a)(1) are used
for the purposes agreed upon pursuant to subsection (a)(2).
(4) Termination of Assistance Programs.--Upon termination of
assistance to a country under chapters 1 or 10 of part I or chapter 4 of
part II (as the case may be), any unencumbered balances of funds which
remain in a separate account established pursuant to subsection (a)
shall be disposed of for such purposes as may be agreed to by the
government of that country and the United States Government.
(5) Conforming Amendments.--The tenth and eleventh provisos
contained under the heading ``Sub-Saharan Africa, Development
Assistance'' as included in the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1989 and sections 531(d) and
609 of the Foreign Assistance Act of 1961 are <<NOTE: 22 USC 2346,
2359.>> repealed.
(6) Reporting Requirement.--The Administrator of the Agency for
International Development shall report on an annual basis as part of the
justification documents submitted to the Committees on Appropriations on
the use of local currencies for the administrative requirements of the
United States Government as authorized in subsection (a)(2)(B), and such
report shall include the amount of local currency (and United States
dollar equivalent) used and/or to be used for such purpose in each
applicable country.
(b) Separate Accounts for Cash Transfers.--(1) If assistance is made
available to the government of a foreign country, under chapters 1 or 10
of part I or chapter 4 of part II of the Foreign Assistance Act of 1961,
as cash transfer assistance or as nonproject sector assistance, that
country shall be required to maintain such funds in a separate account
and not commingle them with any other funds.
(2) Applicability of Other Provisions of Law.--Such funds may be
obligated and expended notwithstanding provisions of law which are
inconsistent with the nature of this assistance including provisions
which are referenced in the Joint Explanatory Statement of the Committee
of Conference accompanying House Joint Resolution 648 (H. Report No. 98-
1159).
(3) Notification.--At least fifteen days prior to obligating any
such cash transfer or nonproject sector assistance, the President shall
submit a notification through the regular notification procedures of the
Committees on Appropriations, which shall include a detailed description
of how the funds proposed to be made available will be used, with a
discussion of the United States interests that will be served by the
assistance (including, as appropriate, a description of the economic
policy reforms that will be promoted by such assistance).
(4) Exemption.--Nonproject sector assistance funds may be exempt
from the requirements of subsection (b)(1) only through the notification
procedures of the Committees on Appropriations.
[[Page 112 STAT. 2681-181]]
Sec. 534. (a) No funds appropriated by this Act may be made as
payment to any international financial institution while the United
States Executive Director to such institution is compensated by the
institution at a rate which, together with whatever compensation such
Director receives from the United States, is in excess of the rate
provided for an individual occupying a position at level IV of the
Executive Schedule under section 5315 of title 5, United States Code, or
while any alternate United States Director to such institution is
compensated by the institution at a rate in excess of the rate provided
for an individual occupying a position at level V of the Executive
Schedule under section 5316 of title 5, United States Code.
(b) For purposes of this section, ``international financial
institutions'' are: the International Bank for Reconstruction and
Development, the Inter-American Development Bank, the Asian Development
Bank, the Asian Development Fund, the African Development Bank, the
African Development Fund, the International Monetary Fund, the North
American Development Bank, and the European Bank for Reconstruction and
Development.
Sec. <<NOTE: 50 USC 1701 note.>> 535. None of the funds appropriated
or otherwise made available pursuant to this Act to carry out the
Foreign Assistance Act of 1961 (including title IV of chapter 2 of part
I, relating to the Overseas Private Investment Corporation) or the Arms
Export Control Act may be used to provide assistance to any country that
is not in compliance with the United Nations Security Council sanctions
against Iraq unless the President determines and so certifies to the
Congress that--
(1) such assistance is in the national interest of the
United States;
(2) such assistance will directly benefit the needy people
in that country; or
(3) the assistance to be provided will be humanitarian
assistance for foreign nationals who have fled Iraq and Kuwait.
Sec. 536. <<NOTE: 22 USC 2762 note. authorities for the peace corps,
the inter-american foundation, the african development foundation and
the international fund for agricultural development>> Direct costs
associated with meeting a foreign customer's additional or unique
requirements will continue to be allowable under contracts under section
22(d) of the Arms Export Control Act. Loadings applicable to such direct
costs shall be permitted at the same rates applicable to procurement of
like items purchased by the Department of Defense for its own use.
Sec. 537. (a) Unless expressly provided to the contrary, provisions
of this or any other Act, including provisions contained in prior Acts
authorizing or making appropriations for foreign operations, export
financing, and related programs, shall not be construed to prohibit
activities authorized by or conducted under the Peace Corps Act, the
Inter-American Foundation Act, or the African
[[Page 112 STAT. 2681-182]]
Development Foundation Act. The appropriate agency shall promptly
report to the Committees on Appropriations whenever it is conducting
activities or is proposing to conduct activities in a country for which
assistance is prohibited.
(b) Unless expressly provided to the contrary, limitations on the
availability of funds for ``International Organizations and Programs''
in this or any other Act, including prior appropriations Acts, shall not
be construed to be applicable to the International Fund for Agricultural
Development.
Sec. 538. None of the funds appropriated by this Act may be
obligated or expended to provide--
(a) any financial incentive to a business enterprise
currently located in the United States for the purpose of
inducing such an enterprise to relocate outside the United
States if such incentive or inducement is likely to reduce the
number of employees of such business enterprise in the United
States because United States production is being replaced by
such enterprise outside the United States;
(b) assistance for the purpose of establishing or developing
in a foreign country any export processing zone or designated
area in which the tax, tariff, labor, environment, and safety
laws of that country do not apply, in part or in whole, to
activities carried out within that zone or area, unless the
President determines and certifies that such assistance is not
likely to cause a loss of jobs within the United States; or
(c) assistance for any project or activity that contributes
to the violation of internationally recognized workers rights,
as defined in section 502(a)(4) of the Trade Act of 1974, of
workers in the recipient country, including any designated zone
or area in that country: Provided, That in recognition that the
application of this subsection should be commensurate with the
level of development of the recipient country and sector, the
provisions of this subsection shall not preclude assistance for
the informal sector in such country, micro and small-scale
enterprise, and smallholder agriculture.
Sec. 539. <<NOTE: 50 USC 1701 note.>> (a) Restrictions.--None of the
funds in this or any other Act may be made available to modify or remove
any sanction, prohibition or requirement with respect to Serbia-
Montenegro unless the President first submits to the Congress a
certification described in subsection (c).
(b) International Financial Institutions.--The Secretary of the
Treasury shall instruct the United States executive directors of the
international financial institutions to work in opposition to, and vote
against, any extension by such institutions of any financial or
technical assistance or grants of any kind to the government of Serbia-
Montenegro, unless the President first submits to the Congress a
certification described in subsection (c).
(c) Certification.--A certification described in this subsection is
a certification that--
(1) there is substantial improvement in the human rights
situation in Kosova;
[[Page 112 STAT. 2681-183]]
(2) international human rights observers are allowed to
return to Kosova;
(3) Serbian, Serbian-Montenegrin federal government
officials, and representatives of the ethnic Albanian community
in Kosova have agreed on and begun implementation of a
negotiated settlement on the future status of Kosova; and
(4) the government of Serbia-Montenegro is fully complying
with its obligations as a signatory to the General Framework
Agreement for Peace in Bosnia-Herzegovina including fully
cooperating with the International Criminal Tribunal for the
Former Yugoslavia.
(d) Waiver Authority.--The President may waive the application, in
whole or in part, of subsections (a) and (b) if he certifies in writing
to the Congress that the waiver is necessary to meet emergency
humanitarian needs or to advance negotiations toward a peaceful
settlement of the conflict in Kosova that is acceptable to the parties.
(e) Exemption for Montenegro.--This section shall not apply to
Montenegro.
Sec. 540. (a) Funds appropriated in titles I and II of this Act that
are made available for Afghanistan, Lebanon, Montenegro, and for victims
of war, displaced children, displaced Burmese, humanitarian assistance
for Romania, and humanitarian assistance for the peoples of Kosova, may
be made available notwithstanding any other provision of law.
(b) Funds appropriated by this Act to carry out the provisions of
sections 103 through 106 of the Foreign Assistance Act of 1961 may be
used, notwithstanding any other provision of law, for the purpose of
supporting tropical forestry and biodiversity conservation activities
and, subject to the regular notification procedures of the Committees on
Appropriations, energy programs aimed at reducing greenhouse gas
emissions: Provided, That such assistance shall be subject to sections
116, 502B, and 620A of the Foreign Assistance Act of 1961.
(c) The Agency for International Development may employ personal
services contractors, notwithstanding any other provision of law, for
the purpose of administering programs for the West Bank and Gaza.
(d)(1) Waiver.--The President may waive the provisions of section
1003 of Public Law 100-204 if the President determines and certifies in
writing to the Speaker of the House of Representatives and the President
pro tempore of the Senate that it is important to the national security
interests of the United States.
(2) Period of Application of Waiver.--Any waiver pursuant to
paragraph (1) shall be effective for no more than a period of six months
at a time and shall not apply beyond twelve months after enactment of
this Act.
Sec. 541. It is the sense of the Congress that--
(1) the Arab League countries should immediately and
publicly renounce the primary boycott of Israel and the
secondary and tertiary boycott of American firms that have
commercial ties with Israel;
[[Page 112 STAT. 2681-184]]
(2) the decision by the Arab League in 1997 to reinstate the
boycott against Israel was deeply troubling and disappointing;
(3) the Arab League should immediately rescind its decision
on the boycott and its members should develop normal relations
with their neighbor Israel; and
(4) the President should--
(A) take more concrete steps to encourage vigorously
Arab League countries to renounce publicly the primary
boycotts of Israel and the secondary and tertiary
boycotts of American firms that have commercial
relations with Israel as a confidence-building measure;
(B) take into consideration the participation of any
recipient country in the primary
boycott of Israel and the secondary and tertiary boycotts of American
firms that have commercial relations with Israel when determining
whether to sell weapons to said country;
(C) report to Congress on the specific steps being
taken by the President to bring about a public
renunciation of the Arab primary boycott of Israel and
the secondary and tertiary boycotts of American firms
that have commercial relations with Israel and to expand
the process of normalizing ties between Arab League
countries and Israel; and
(D) encourage the allies and trading partners of the
United States to enact laws prohibiting businesses from
complying with the boycott and penalizing businesses
that do comply.
Sec. 542. (a) Of the funds appropriated by this Act for ``Economic
Support Fund'', assistance may be provided to strengthen the
administration of justice in countries in Latin America and the
Caribbean and in other regions consistent with the provisions of section
534(b) of the Foreign Assistance Act of 1961, except that programs to
enhance protection of participants in judicial cases may be conducted
notwithstanding section 660 of that Act.
(b) Funds made available pursuant to this section may be made
available notwithstanding section 534(c) and the second and third
sentences of section 534(e) of the Foreign Assistance Act of 1961.
Sec. 543. (a) Assistance Through Nongovernmental Organizations.--
Restrictions contained in this or any other Act with respect to
assistance for a country shall not be construed to restrict assistance
in support of programs of nongovernmental organizations from funds
appropriated by this Act to carry out the provisions of chapters 1, 10,
and 11 of part I and chapter 4 of part II of the Foreign Assistance Act
of 1961, and from funds appropriated under the heading ``Assistance for
Eastern Europe and the Baltic States'': Provided, That the President
shall take into consideration, in any case in which a restriction on
assistance would be applicable but for this subsection, whether
assistance in support of programs of nongovernmental organizations is in
the national interest of the United States: Provided further, That
before using the authority of this subsection to furnish assistance
[[Page 112 STAT. 2681-185]]
in support of programs of nongovernmental organizations, the President
shall notify the Committees on Appropriations under the regular
notification procedures of those committees, including a description of
the program to be assisted, the assistance to be provided, and the
reasons for furnishing such assistance: Provided further, That nothing
in this subsection shall be construed to alter any existing statutory
prohibitions against abortion or involuntary sterilizations contained in
this or any other Act.
(b) Public Law 480.--During fiscal year 1999, restrictions contained
in this or any other Act with respect to assistance for a country shall
not be construed to restrict assistance under the Agricultural Trade
Development and Assistance Act of 1954: Provided, That none of the funds
appropriated to carry out title I of such Act and made available
pursuant to this subsection may be obligated or expended except as
provided through the regular notification procedures of the Committees
on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign Assistance
Act or any comparable provision of law prohibiting assistance to
countries that support international terrorism; or
(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that violate internationally recognized
human rights.
Sec. 544. (a) Funds appropriated by this Act which are earmarked may
be reprogrammed for other programs
within the same account notwithstanding the earmark if compliance with
the earmark is made impossible by operation of any provision of this or
any other Act or, with respect to a country with which the United States
has an agreement providing the United States with base rights or base
access in that country, if the President determines that the recipient
for which funds are earmarked has significantly reduced its military or
economic cooperation with the United States since enactment of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1991; however, before exercising the authority of
this subsection with regard to a base rights or base access country
which has significantly reduced its military or economic cooperation
with the United States, the President shall consult with, and shall
provide a written policy justification to the Committees on
Appropriations: Provided, That any such reprogramming shall be subject
to the regular notification procedures of the Committees on
Appropriations: Provided further, That assistance that is reprogrammed
pursuant to this subsection shall be made available under the same terms
and conditions as originally provided.
(b) In addition to the authority contained in subsection (a), the
original period of availability of funds appropriated by this Act and
administered by the Agency for International Development that are
earmarked for particular programs or activities by this or any other Act
shall be extended for an additional fiscal year if the Administrator of
such agency determines and reports promptly to the Committees on
Appropriations that the termination of assistance to a country or a
significant change in circumstances makes it unlikely that such
earmarked funds can be obligated during the original period of
availability: Provided, That such
[[Page 112 STAT. 2681-186]]
earmarked funds that are continued available for an additional fiscal
year shall be obligated only for the purpose of such earmark.
Sec. 545. Ceilings and earmarks contained in this Act shall not be
applicable to funds or authorities appropriated or otherwise made
available by any subsequent Act unless such Act specifically so directs.
Earmarks or minimum funding requirements contained in any other Act
shall not be applicable to funds appropriated by this Act.
Sec. 546. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes within the United States
not authorized before the date of enactment of this Act by the Congress:
Provided, That not to exceed $750,000 may be made available to carry out
the provisions of section 316 of Public Law 96-533.
Sec. 547. (a) To the maximum extent possible, assistance provided
under this Act should make full use of American resources, including
commodities, products, and services.
(b) It is the sense of the Congress that, to the greatest extent
practicable, all agriculture commodities, equipment and products
purchased with funds made available in this Act should be American-made.
(c) In providing financial assistance to, or entering into any
contract with, any entity using funds made available in this Act, the
head of each Federal agency, to the greatest extent practicable, shall
provide to such entity a notice describing the statement made in
subsection (b) by the Congress.
Sec. 548. None of the funds appropriated or made available pursuant
to this Act for carrying out the Foreign Assistance Act of 1961, may be
used to pay in whole or in part any assessments, arrearages, or dues of
any member of the United Nations.
Sec. 549. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to section
3109 of title 5, United States Code, shall be limited to those contracts
where such expenditures are a matter of public record and available for
public inspection, except where otherwise provided under existing law,
or under existing Executive order pursuant to existing law.
Sec. 550. None of the funds appropriated or made available pursuant
to this Act shall be available to a private voluntary organization which
fails to provide upon timely request any document, file, or record
necessary to the auditing requirements of the Agency for International
Development.
[[Page 112 STAT. 2681-187]]
Sec. 551. (a) None of the funds appropriated or otherwise made
available by this Act may be available to any foreign government which
provides lethal military equipment to a country the government of which
the Secretary of State has determined is a terrorist government for
purposes of section 40(d) of the Arms Export Control Act or any other
comparable provision of law. The prohibition under this section with
respect to a foreign government shall terminate 12 months after that
government ceases to provide such military equipment. This section
applies with respect to lethal military equipment provided under a
contract entered into after October 1, 1997.
(b) Assistance restricted by subsection (a) or any other similar
provision of law, may be furnished if the President determines that
furnishing such assistance is important to the national interests of the
United States.
(c) Whenever the waiver of subsection (b) is exercised, the
President shall submit to the appropriate congressional committees a
report with respect to the furnishing of such assistance. Any such
report shall include a detailed explanation of the assistance estimated
to be provided, including the estimated dollar amount of such
assistance, and an explanation of how the assistance furthers United
States national interests.
Sec. 552. (a) In General.--Of the funds made available for a foreign
country under part I of the Foreign Assistance Act of 1961, an amount
equivalent to 110 percent of the total unpaid fully adjudicated parking
fines and penalties owed to the District of Columbia by such country as
of the date of enactment of this Act shall be withheld from obligation
for such country until the Secretary of State certifies and reports in
writing to the appropriate congressional committees that such fines and
penalties are fully paid to the government of the District of Columbia.
(b) Definition.--For purposes of this section, the term
``appropriate congressional committees'' means the Committee on Foreign
Relations and the Committee on Appropriations of the Senate and the
Committee on International Relations and the Committee on Appropriations
of the House of Representatives.
Sec. 553. None of the funds appropriated by this Act may be
obligated for assistance for the Palestine Liberation Organization for
the West Bank and Gaza unless the President has exercised the authority
under section 604(a) of the Middle East Peace Facilitation Act of 1995
(title VI of Public Law 104-107) or any other legislation to suspend or
make inapplicable section 307 of the Foreign Assistance Act of 1961 and
that suspension is still in effect: Provided, That if the President
fails to make the certification under section 604(b)(2) of the Middle
East Peace Facilitation Act of 1995 or to suspend the prohibition under
other legislation, funds
[[Page 112 STAT. 2681-188]]
appropriated by this Act may not be obligated for assistance for the
Palestine Liberation Organization for the West Bank and Gaza.
Sec. 554. If the President determines that doing so will contribute
to a just resolution of charges regarding genocide or other violations
of international humanitarian law, the President may direct a drawdown
pursuant to section 552(c) of the Foreign Assistance Act of 1961, as
amended, of up to $30,000,000 of commodities and services for the United
Nations War Crimes Tribunal established with regard to the former
Yugoslavia by the United Nations Security Council or such other
tribunals or commissions as the Council may establish to deal with such
violations, without regard to the ceiling limitation contained in
paragraph (2) thereof: Provided, That the determination required under
this section shall be in lieu of any determinations otherwise required
under section 552(c): Provided further, That sixty days after
the <<NOTE: 22 USC 2656 note.>> date of enactment of this Act, and every
one hundred eighty days thereafter, the Secretary of State shall submit
a report to the Committees on Appropriations describing the steps the
United States Government is taking to collect information regarding
allegations of genocide or other violations of international law in the
former Yugoslavia and to furnish that information to the United Nations
War Crimes Tribunal for the former Yugoslavia: Provided further, That
the drawdown made under this section for any
tribunal shall not be construed as an endorsement or precedent for the
establishment of any standing or permanent international criminal
tribunal or court: Provided further, That funds made available for
tribunals or commissions other than for Yugoslavia or Rwanda shall be
made available subject to the regular notification procedures of the
Committees on Appropriations.
Sec. 555. Notwithstanding any other provision of law, demining
equipment available to the Agency for International Development and the
Department of State and used in support of the clearance of landmines
and unexploded ordnance for humanitarian purposes may be disposed of on
a grant basis in foreign countries, subject to such terms and conditions
as the President may prescribe.
Sec. 556. None of the funds appropriated by this Act may be
obligated or expended to create in any part of Jerusalem a new office of
any department or agency of the United States Government for the purpose
of conducting official United States Government business with the
Palestinian Authority over Gaza and Jericho or any successor Palestinian
governing entity provided for in the Israel-PLO Declaration of
Principles: Provided, That this restriction shall not apply to the
acquisition of additional space for the existing Consulate General in
Jerusalem: Provided further, That meetings between officers and
employees of the United States and officials of the Palestinian
Authority, or any successor Palestinian governing entity provided for in
the Israel-PLO Declaration of Principles, for the purpose of conducting
official United States Government business with such authority should
continue to take place in
[[Page 112 STAT. 2681-189]]
locations other than Jerusalem. As has been true in the past, officers
and employees of the United States Government may continue to meet in
Jerusalem on other subjects with Palestinians (including those who now
occupy positions in the Palestinian Authority), have social contacts,
and have incidental discussions.
Sec. 557. None of the funds appropriated or otherwise made available
by this Act under the heading ``International Military Education and
Training '' or ``Foreign Military Financing Program'' for Informational
Program activities may be obligated or expended to pay for--
(1) alcoholic beverages;
(2) food (other than food provided at a military
installation) not provided in conjunction with Informational
Program trips where students do not stay at a military
installation; or
(3) entertainment expenses for activities that are
substantially of a recreational character, including entrance
fees at sporting events and amusement parks.
Sec. 558. Not more than 17 percent of the funds appropriated by this
Act to carry out the provisions of sections 103 through 106 and chapter
4 of part II of the Foreign Assistance Act of 1961, that are made
available for Latin America and the Caribbean region may be made
available, through bilateral and Latin America and the Caribbean
regional programs, to provide assistance for any country in such region.
Sec. 559. (a) Authority To Reduce Debt.--The President may reduce
amounts owed to the United States (or any agency of the United States)
by an eligible country as a result of--
(1) guarantees issued under sections 221 and 222 of the
Foreign Assistance Act of 1961;
(2) credits extended or guarantees issued under the Arms
Export Control Act; or
(3) any obligation or portion of such obligation for a Latin
American country, to pay for purchases of United States
agricultural commodities guaranteed by the Commodity Credit
Corporation under export credit guarantee programs authorized
pursuant to section 5(f ) of the Commodity Credit Corporation
Charter Act of June 29, 1948, as amended, section 4(b) of the
Food for Peace Act of 1966, as amended (Public Law 89-808), or
section 202 of the Agricultural Trade Act of 1978, as amended
(Public Law 95-501).
(b) Limitations.--
(1) The authority provided by subsection (a) may be
exercised only to implement multilateral official debt relief ad
referendum agreements, commonly referred to as ``Paris Club
Agreed Minutes''.
(2) The authority provided by subsection (a) may be
exercised only in such amounts or to such extent as is provided
in advance by appropriations Acts.
[[Page 112 STAT. 2681-190]]
(3) The authority provided by subsection (a) may be
exercised only with respect to countries with heavy debt burdens
that are eligible to borrow from the International Development
Association, but not from the International Bank for
Reconstruction and Development, commonly referred to as ``IDA-
only'' countries.
(c) Conditions.--The authority provided by subsection (a) may be
exercised only with respect to a country whose government--
(1) does not have an excessive level of military
expenditures;
(2) has not repeatedly provided support for acts of
international terrorism;
(3) is not failing to cooperate on international narcotics
control matters;
(4) (including its military or other security forces) does
not engage in a consistent pattern of gross violations of
internationally recognized human rights; and
(5) is not ineligible for assistance because of the
application of section 527 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995.
(d) Availability of Funds.--The authority provided by subsection (a)
may be used only with regard to funds appropriated by this Act under the
heading ``Debt restructuring ''.
(e) Certain Prohibitions Inapplicable.--A reduction of debt pursuant
to subsection (a) shall not be considered assistance for purposes of any
provision of law limiting assistance to a country. The authority
provided by subsection (a) may be exercised notwithstanding section
620(r) of the Foreign Assistance Act of 1961.
Sec. 560. (a) Loans Eligible for Sale, Reduction, or Cancellation.--
(1) Authority to sell, reduce, or cancel certain loans.--
Notwithstanding any other provision of law, the President may,
in accordance with this section, sell to any eligible purchaser
any concessional loan or portion thereof made before January 1,
1995, pursuant to the Foreign Assistance Act of 1961, to the
government of any eligible country as defined in section 702(6)
of that Act or on receipt of payment from an eligible purchaser,
reduce or cancel such loan or portion thereof, only for the
purpose of facilitating--
(A) debt-for-equity swaps, debt-for-development
swaps, or debt-for-nature swaps; or
(B) a debt buyback by an eligible country of its own
qualified debt, only if the eligible country uses an
additional amount of the local currency of the eligible
country, equal to not less than 40 percent of the price
paid for such debt by such eligible country, or the
difference between the price paid for such debt and the
face value of such debt, to support activities that link
conservation and sustainable use of natural resources
with local community development, and child survival and
other child development, in a manner consistent with
sections 707 through 710 of the Foreign Assistance Act
of 1961, if the sale, reduction, or cancellation would
not contravene any term or condition of any prior
agreement relating to such loan.
[[Page 112 STAT. 2681-191]]
(2) Terms and conditions.--Notwithstanding any other
provision of law, the President shall, in accordance with this
section, establish the terms and conditions under which loans
may be sold, reduced, or canceled pursuant to this section.
(3) Administration.--The Facility, as defined in section
702(8) of the Foreign Assistance Act of 1961, shall notify the
administrator of the agency primarily responsible for
administering part I of the Foreign Assistance Act of 1961 of
purchasers that the President has determined to be eligible, and
shall direct such agency to carry out the sale, reduction, or
cancellation of a loan pursuant to this section. Such agency
shall make an adjustment in its accounts to reflect the sale,
reduction, or cancellation.
(4) Limitation.--The authorities of this subsection shall be
available only to the extent that appropriations for the cost of
the modification, as defined in section 502 of the Congressional
Budget Act of 1974, are made in advance.
(b) Deposit of Proceeds.--The proceeds from the sale, reduction, or
cancellation of any loan sold, reduced, or canceled pursuant to this
section shall be deposited in the United States Government account or
accounts established for the repayment of such loan.
(c) Eligible Purchasers.--A loan may be sold pursuant to subsection
(a)(1)(A) only to a purchaser who presents plans satisfactory to the
President for using the loan for the purpose of engaging in debt-for-
equity swaps, debt-for-development swaps, or debt-for-nature swaps.
(d) Debtor Consultations.--Before the sale to any eligible
purchaser, or any reduction or cancellation pursuant to this section, of
any loan made to an eligible country, the President should consult with
the country concerning the amount of loans to be sold, reduced, or
canceled and their uses for debt-for-equity swaps, debt-for-development
swaps, or debt-for-nature swaps.
(e) Availability of Funds.--The authority provided by subsection (a)
may be used only with regard to funds appropriated by this Act under the
heading ``Debt restructuring ''.
Sec. 561. (a) Limitation.--Funds appropriated by this Act may be
made available for assistance for the central Government of Haiti only
if the President reports to the Committee on Appropriations and the
Committee on International Relations of the House of Representatives and
the Committee on Appropriations and the Committee on Foreign Relations
of the Senate that the Government of Haiti--
(1) has completed privatization of (or placed under long-
term private management or concession) three major public
entities including the completion of all required incorporating
documents, the transfer of assets, and the eviction of
unauthorized occupants of the land or facility;
(2) has re-signed or is implementing the bilateral
Repatriation Agreement with the United States and in the
preceding six months that the central Government of Haiti is
cooperating with the United States in halting illegal emigration
from Haiti;
(3) is conducting thorough investigations of extrajudicial
and political killings and has made substantial progress in
bringing to justice a person or persons responsible for one or
more extrajudicial or political killings in Haiti, and is
[[Page 112 STAT. 2681-192]]
cooperating with United States authorities and with United
States-funded technical advisors to the Haitian National Police
in such investigations;
(4) has taken action to remove from the Haitian National
Police, national palace and residential guard, ministerial
guard, and any other public security entity or unit of Haiti
those individuals who are credibly alleged to have engaged in or
conspired to conceal gross violations of internationally
recognized human rights or credibly alleged to have engaged in
or conspired to engage in narcotics trafficking; and
(5) has ratified or is implementing the maritime counter-
narcotics agreements signed in October 1997.
(b) Availability of Electoral Assistance.--The limitation in
subsection (a) shall not apply to funds appropriated by this Act that
are made available to support elections in Haiti if the President
reports to the Congress that the central Government of Haiti:
(1) has achieved a transparent settlement of the contested
April 1997 elections; and
(2) has made concrete progress on the constitution of a
credible and competent provisional electoral
council that is acceptable to a broad spectrum of political parties and
civic groups.
(c) Exceptions.--The limitations in subsections (a) and (b) shall
not apply to the provision of--
(1) counter-narcotics assistance, support for the Haitian
National Police's Special Investigations Unit and anti-
corruption programs, the International Criminal Investigative
Assistance Program, and assistance in support of Haitian customs
and maritime officials;
(2) food assistance management and support;
(3) assistance for urgent humanitarian needs, such as
medical and other supplies and services in support of community
health services, schools, and orphanages; and
(4) not more than $3,000,000 for the development and support
of political parties and civic groups.
(d) Waiver.--At any time after 150 days from the date of enactment
of this Act, the Secretary of State may waive the requirements contained
in subsection (a)(1) if she reports to the Committees specified in
subsection (a) that the Government of Haiti has satisfied the
requirements of subsection (a)(1) with regard to one major public entity
and has satisfied the remaining requirements of subsection (a).
(e) Reports.--The Secretary of State shall provide to the Committees
specified in subsection (a) on a quarterly basis--
(1) in consultation with the Secretary of Defense and the
Administrator of the Drug Enforcement Administration, a report
on the status and number of United States personnel deployed in
and around Haiti on Department of Defense, Drug Enforcement
Administration, and United Nations missions, including displays
by functional or operational assignment for such personnel and
the cost to the United States of these operations; and
(2) the monthly reports, prepared during the previous
quarter, of the Organization of American States/United Nations
International Civilian Mission to Haiti (MICIVIH).
[[Page 112 STAT. 2681-193]]
(f) Administration of Justice Assistance.--(1) The limitation in
subsection (a) shall not apply to funds appropriated under this Act that
are made available for the Ministry of Justice for the training of
judges if the President determines and reports to the Committee on
Appropriations and the Committee on Foreign Relations of the Senate, and
the Committee on Appropriations and the Committee on International
Relations of the House of Representatives, that Haiti's Minister of
Justice--
(A) has demonstrated a commitment to the professionalism of
judicial personnel by consistently placing students graduated by
the Judicial School in appropriate judicial positions and has
made a commitment to share program costs associated with the
Judicial School; and
(B) is making progress in making the judicial branch in
Haiti independent from the executive branch.
(2) The limitation in subsection (a) shall not apply to funds to
support the training of prosecutors, judicial mentoring, legal
assistance, and case management.
Sec. 562. <<NOTE: 22 USC 2414a note.>> (a) Foreign Aid Reporting
Requirement.--In addition to the voting practices of a foreign country,
the report required to be submitted to Congress under section 406(a) of
the Foreign Relations Authorization Act, fiscal years 1990 and 1991 (22
U.S.C. 2414a), shall include a side-by-side comparison of individual
countries' overall support for the United States at the United Nations
and the amount of United States assistance provided to such country in
fiscal year 1998.
(b) United States Assistance.--For purposes of this section, the
term ``United States assistance'' has the meaning given the term in
section 481(e)(4) of the Foreign Assistance Act of 1961 (22 U.S.C.
2291(e)(4)).
Sec. 563. (a) Prohibition on Voluntary Contributions for the United
Nations.--None of the funds appropriated by this Act may be made
available to pay any voluntary contribution of the United States to the
United Nations (including the United Nations Development Program) if the
United Nations implements or imposes any taxation on any United States
persons.
(b) Certification Required for Disbursement of Funds.--None of the
funds appropriated by this Act may be made available to pay any
voluntary contribution of the United States to the United Nations
(including the United Nations Development Program) unless the President
certifies to the Congress 15 days in advance of such payment that the
United Nations is not engaged in any effort to implement or impose any
taxation on United States persons in order to raise revenue for the
United Nations or any of its specialized agencies.
(c) Definitions.--As used in this section the term ``United States
person'' refers to--
(1) a natural person who is a citizen or national of the
United States; or
[[Page 112 STAT. 2681-194]]
(2) a corporation, partnership, or other legal entity
organized under the United States or any State, territory,
possession, or district of the United States.
Sec. 564. Not later than ninety days after enactment of this Act,
the Secretary of Labor shall provide to the Committees on Appropriations
a report addressing labor practices in Burma: Provided, That the report
shall provide comprehensive details on child labor practices, worker's
rights, forced relocation of laborers, forced labor performed to support
the tourism industry, and forced labor performed in conjunction with,
and in support of, the Yadonna gas pipeline: Provided further, That the
report should address whether the government is in compliance with
international labor standards: Provided further, That the report should
provide details regarding the United States government's efforts to
address and correct practices of forced labor in Burma.
Sec. 565. The Government of Haiti shall be eligible to purchase
defense articles and services under the Arms Export Control Act (22
U.S.C. 2751 et seq.), for the civilian-led Haitian National Police and
Coast Guard: Provided, That the authority provided by this section shall
be subject to the regular notification procedures of the Committees on
Appropriations.
Sec. 566. (a) Prohibition of Funds.--None of the funds appropriated
by this Act to carry out the provisions of chapter 4 of part II of the
Foreign Assistance Act of 1961 may be obligated or expended with respect
to providing funds to the Palestinian Authority.
(b) Waiver.--The prohibition included in subsection (a) shall not
apply if the President certifies in writing to the Speaker of the House
of Representatives and the President pro tempore of the Senate that
waiving such prohibition is important to the national security interests
of the United States.
(c) Period of Application of Waiver.--Any waiver pursuant to
subsection (b) shall be effective for no more than a period of six
months at a time and shall not apply beyond twelve months after
enactment of this Act.
Sec. 567. None of the funds appropriated by title II of this Act may
be made available to the Government of Croatia to relocate the remains
of Croatian Ustashe soldiers, at the site of the World War II
concentration camp at Jasenovac, Croatia.
Sec. 568. None of the funds made available by this Act may be
provided to any unit of the security forces of a foreign country if the
Secretary of State has credible evidence that such unit has committed
gross violations of human rights, unless the Secretary determines and
reports to the Committees on Appropriations that
[[Page 112 STAT. 2681-195]]
the government of such country is taking effective measures to bring the
responsible members of the security forces unit to justice: Provided,
That nothing in this section shall be construed to withhold funds made
available by this Act from any unit of the security forces of a foreign
country not credibly alleged to be involved in gross violations of human
rights: Provided further, That in the event that funds are withheld from
any unit pursuant to this section, the Secretary of State shall promptly
inform the foreign government of the basis for such action and shall, to
the maximum extent practicable, assist the foreign government in taking
effective measures to bring the responsible members of the security
forces to justice.
Sec. 569. In any agreement for the sale, transfer, or licensing of
any lethal equipment or helicopter for
Indonesia entered into by the United States pursuant to the authority of
this Act or any other Act, the agreement shall state that the United
States expects that the items will not be used in East Timor: Provided,
That nothing in this section shall be construed to limit Indonesia's
inherent right to legitimate national self-defense as recognized under
the United Nations Charter and international law.
Sec. 570. (a) Bilateral Assistance.--None of the funds made
available by this or any prior Act making appropriations for foreign
operations, export financing and related programs, may be provided for
any country, entity or canton described in subsection (e).
(b) Multilateral Assistance.--
(1) Prohibition.--The Secretary of the Treasury shall
instruct the United States executive directors of the
international financial institutions to work in opposition to,
and vote against, any extension by such institutions of any
financial or technical assistance or grants of any kind to any
country or entity described in subsection (e).
(2) Notification.--Not less than 15 days before any vote in
an international financial institution regarding the extension
of financial or technical assistance or grants to any country or
entity described in subsection (e), the Secretary of the
Treasury, in consultation with the Secretary of State, shall
provide to the Committee on Appropriations and the Committee on
Foreign Relations of the Senate and the Committee on
Appropriations and the Committee on Banking and Financial
Services of the House of Representatives a written justification
for the proposed assistance, including an explanation of the
United States position regarding any such vote, as well as a
description of the location of the proposed assistance by
municipality, its purpose, and its intended beneficiaries.
(3) Definition.--The term ``international financial
institution'' includes the International Monetary Fund, the
International Bank for Reconstruction and Development, the
International Development Association, the International Finance
Corporation, the Multilateral Investment Guaranty Agency, and
the European Bank for Reconstruction and Development.
(c) Exceptions.--
[[Page 112 STAT. 2681-196]]
(1) In general.--Subject to paragraph (2), subsections (a)
and (b) shall not apply to the provision of--
(A) humanitarian assistance;
(B) democratization assistance;
(C) assistance for cross border physical
infrastructure projects involving activities in both a
sanctioned country, entity, or canton and a
nonsanctioned contiguous country, entity, or canton, if
the project is primarily located in and primarily
benefits the nonsanctioned country, entity, or canton
and if the portion of the project located in the
sanctioned country, entity, or canton is necessary only
to complete the project;
(D) small-scale assistance projects or activities
requested by United States Armed Forces that promote
good relations between such forces and the officials and
citizens of the areas in the United States SFOR sector
of Bosnia;
(E) implementation of the Brcko Arbitral Decision;
(F) lending by the international financial
institutions to a country or entity to support common
monetary and fiscal policies at the national level as
contemplated by the Dayton Agreement; or
(G) direct lending to a non-sanctioned entity, or
lending passed on by the national government to a non-
sanctioned entity.
(H) assistance to the International Police Task
Force for the training of a civilian police force.
<<NOTE: Federal Register, publication.>> (2)
Notification.--Every 30 days the Secretary of State, in
consultation with the Administrator of the Agency for
International Development, shall publish in the Federal Register
and/or in a comparable publicly accessible document or internet
site, a listing and justification of any assistance that is
obligated within that period of time for any country, entity, or
canton described in subsection (e), including a description of
the purpose of the assistance, project and its location, by
municipality.
(d) Further limitations.--Notwithstanding subsection (c)--
(1) no assistance may be made available by this Act, or any
prior Act making appropriations for foreign operations, export
financing and related programs, in any country, entity, or
canton described in subsection (e), for a program, project, or
activity in which a publicly indicted war criminal is known to
have any financial or material interest; and
(2) no assistance (other than emergency foods or medical
assistance or demining assistance) may be made available by this
Act, or any prior Act making appropriations for foreign
operations, export financing and related programs for any
program, project, or activity in a community within any country,
entity or canton described in subsection (e) if competent
authorities within that community are not complying with the
provisions of Article IX and Annex 4, Article II, paragraph 8 of
the Dayton Agreement relating to war crimes and the Tribunal.
(e) Sanctioned Country, Entity, or Canton.--A sanctioned country,
entity, or canton described in this section is one whose competent
authorities have failed, as determined by the Secretary of State, to
take necessary and significant steps to apprehend and transfer to the
Tribunal all persons who have been publicly indicted by the Tribunal.
[[Page 112 STAT. 2681-197]]
(f) Waiver.--
(1) In general.--The Secretary of State may waive the
application of subsection (a) or subsection (b) with respect to
specified bilateral programs or international financial
institution projects or programs in a sanctioned country,
entity, or canton upon providing a written determination to the
Committee on Appropriations and the Committee on Foreign
Relations of the Senate and the Committee on Appropriations and
the Committee on International Relations of the House of
Representatives that such assistance directly supports the
implementation of the Dayton Agreement and its Annexes, which
include the obligation to apprehend and transfer indicted war
criminals to the Tribunal.
(2) Report.--Not later than 15 days after the date of any
written determination under paragraph (1) the Secretary of State
shall submit a report to the Committee on Appropriations and the
Committee on Foreign Relations of the Senate and the Committee
on Appropriations and the Committee on International Relations
of the House of Representatives regarding the status of efforts
to secure the voluntary surrender or apprehension and transfer
of persons indicted by the Tribunal, in accordance with the
Dayton Agreement, and outlining obstacles to achieving this
goal; and
(3) Assistance programs and projects affected.--Any waiver
made pursuant to this subsection shall be effective only with
respect to a specified bilateral program or multilateral
assistance project or program identified in the determination of
the Secretary of State to Congress.
(g) Termination of Sanctions.--The sanctions imposed pursuant to
subsections (a) and (b) with respect to a country or entity shall cease
to apply only if the Secretary of State determines and certifies to
Congress that the authorities of that country, entity, or canton have
apprehended and transferred to the Tribunal all persons who have been
publicly indicted by the Tribunal.
(h) Definitions.--As used in this section--
(1) Country.--The term ``country'' means Bosnia-Herzegovina,
Croatia, Serbia, and Montenegro.
(2) Entity.--The term ``entity'' refers to the Federation of
Bosnia and Herzegovina and the Republika Srpska.
(3) Canton.--The term ``canton'' means the administrative
units in Bosnia and Herzegovina.
(4) Dayton agreement.--The term ``Dayton Agreement'' means
the General Framework Agreement for Peace in Bosnia and
Herzegovina, together with annexes relating thereto, done at
Dayton, November 10 through 16, 1995.
(5) Tribunal.--The term ``Tribunal'' means the International
Criminal Tribunal for the Former Yugoslavia.
(i) Role of Human Rights Organizations and Government Agencies.--In
carrying out this section, the Secretary of State, the Administrator of
the Agency for International Development, and the executive directors of
the international financial institutions shall consult with
representatives of human rights organizations and all government
agencies with relevant information to help prevent publicly indicted war
criminals from benefitting from any financial or technical assistance or
grants provided to any country or entity described in subsection (e).
[[Page 112 STAT. 2681-198]]
Sec. 571. (a) Value of Additions to Stockpiles.--Section
514(b)(2)(A) of the Foreign Assistance Act of 1961 (22 U.S.C.
2321h(b)(2)(A)) is amended by striking the word ``and'' after ``1997'',
and inserting in lieu thereof a comma and inserting before the period at
the end the following: ``and $340,000,000 for fiscal year 1999''.
(b) Requirements Relating to the Republic of Korea and Thailand.--
Section 514(b)(2)(B) of such Act (22 U.S.C. 2321h(b)(2)(B)) is amended
by adding at the end the following: ``Of the amount specified in
subparagraph (A) for fiscal year 1999, not more than $320,000,000 may be
made available for stockpiles in the Republic of Korea and not more than
$20,000,000 may be made available for stockpiles in Thailand.''.
Sec. 572. None of the funds appropriated under this Act may be made
available for the Government of Russian Federation, after 180 days from
the date of enactment of this Act, unless the President determines and
certifies in writing to the Committee on Appropriations and the
Committee on Foreign Relations of the Senate that the Government of the
Russian Federation has implemented no statute, executive order,
regulation or similar government action that would discriminate, or
would have as its principal effect discrimination, against religious
groups or religious communities in the Russian Federation in violation
of accepted international agreements on human rights and religious
freedoms to which the Russian Federation is a party.
Sec. 573. (a) Funds made available in this Act to support programs
or activities promoting country participation in the Kyoto Protocol to
the Framework Convention on Climate Change
(FCCC) shall only be made available subject to the regular notification
procedures of the Committees on Appropriations.
(b) The President shall provide a detailed account of all Federal
agency obligations and expenditures for climate change programs and
activities, domestic and international, for fiscal year 1998, planned
obligations for such activities in fiscal year 1999, and any plan for
programs thereafter related to the implementation or the furtherance of
protocols pursuant to, or related to negotiations to amend the FCCC in
conjunction with the President's submission of the Budget of the United
States Government for Fiscal Year 2000: Provided, That such report shall
include an accounting of expenditures by agency with each agency
identifying climate change activities and associated costs by line item
as presented in the President's Budget Appendix.
Sec. 574. (a) Withholding of Assistance.--Except as provided in
subsection (b), whenever the President determines and
[[Page 112 STAT. 2681-199]]
certifies to Congress that the government of any country is violating
any sanction against Libya imposed pursuant to United Nations Security
Council Resolution 731, 748, or 883, then not less than 5 percent of the
funds allocated for the country under section 653(a) of the Foreign
Assistance Act of 1961 out of appropriations in this Act shall be
withheld from obligation or expenditure for that country.
(b) Exception.--The requirement to withhold funds under subsection
(a) shall not apply to funds appropriated in this Act for allocation
under section 653(a) of the Foreign Assistance Act of 1961 for
development assistance or for humanitarian assistance.
(c) Waiver.--Funds may be provided for a country without regard to
subsection (a) if the President determines that to do so is in the
national security interest of the United States.
Sec. 575. (a) None of the funds appropriated by this Act may be
provided for assistance for the central Government of the Democratic
Government of Congo until such time as the President reports in writing
to the Congress that the central Government is--
(1) investigating and prosecuting those responsible for
human rights violations committed in the Democratic Republic of
Congo; and
(2) implementing a credible democratic transition program.
(b) This section shall not apply to assistance to promote democracy
and the rule of law as part of a plan to implement a credible democratic
transition program.
Sec. 576. Of the funds appropriated by this Act under the headings
``Economic Support Fund'', ``Foreign Military Financing '',
``International Military Education and Training '', ``Peacekeeping
Operations'', for refugees resettling in Israel under the heading
``Migration and Refugee Assistance'', and for assistance for Israel to
carry out provisions of chapter 8 of part II of the Foreign Assistance
Act of 1961 under the heading ``Nonproliferation, Anti-Terrorism,
Demining, and Related Programs'', not more than a total of
$5,402,850,000 may be made available 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: Provided, That any funds that were appropriated under
such headings in prior fiscal years and that were at the time of
enactment of this Act obligated or allocated for other recipients may
not during fiscal year 1999 be made available for activities that, if
funded under this Act, would be required to count against this ceiling:
Provided further, That funds may be made available notwithstanding the
requirements of this
section if the President determines and certifies to the Committees on
Appropriations that it is important to the national security interest of
the United States to do so and any such additional funds shall only be
provided through the regular notification procedures of the Committees
on Appropriations.
[[Page 112 STAT. 2681-200]]
Sec. 577. Prior to the distribution of any assets resulting from any
liquidation, dissolution, or winding up of an Enterprise Fund, in whole
or in part, the President shall submit to the Committees on
Appropriations, in accordance with the regular notification procedures
of the Committees on Appropriations, a plan for the distribution of the
assets of the Enterprise Fund.
Sec. 578. The Secretary of the Treasury should instruct the United
States executive directors of the international financial institutions
to use the voice and vote of the United States to oppose loans to the
Government of Cambodia, except loans to support basic human needs.
Sec. 579. Not to exceed 5 percent of any appropriation other than
for administrative expenses made available for fiscal year 1999 for
programs under title I of this Act may be transferred between such
appropriations for use for any of the purposes, programs and activities
for which the funds in such receiving account may be used, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 25 percent by any such transfer: Provided, That
the exercise of such authority shall be subject to the regular
notification procedures of the Committees on Appropriations.
Sec. 580. (a) Not to exceed $385,000,000 of the funds appropriated
in title II of this Act may be available for population planning
activities or other population assistance.
(b) Such funds may be apportioned only on a monthly basis, and such
monthly apportionments may not exceed 8.34 percent of the total
available for such activities.
Sec. 581. (a) The Secretary of Defense and the Secretary of State
shall jointly provide to the Congress by January 31, 1999, a report on
all military training provided to foreign military personnel under
programs administered by the Department of Defense and the Department of
State during fiscal years 1998 and 1999, including those proposed for
fiscal year 1999. This report shall include, for each such military
training activity, the foreign policy justification and purpose for the
training activity, the cost of the training activity, the number of
foreign students trained and their units of operation, and the location
of the training. In addition, this report shall also include, with
respect to United States personnel, the operational benefits to United
States forces derived from each such training activity and the United
States military units involved in each such training activity. This
report may include a classified annex if deemed necessary and
appropriate.
(b) For purposes of this section a report to Congress shall be
deemed to mean a report to the Appropriations and Foreign
[[Page 112 STAT. 2681-201]]
Relations Committees of the Senate and the Appropriations and
International Relations Committees of the House of Representatives.
Sec. 582. (a) of the funds made available under the heading
``Nonproliferation, Anti-terrorism, Demining and Related Programs'', not
to exceed $35,000,000 may be made available for the Korean Peninsula
Energy Development Organization (hereafter referred to in this section
as ``KEDO''), notwithstanding any other provision of law, only for the
administrative expenses and heavy fuel oil costs associated with the
Agreed Framework: Provided, that none of these funds may be made
available until March 1, 1999.
(b) Of the funds made available for KEDO, up to $15,000,000 may be
made available prior to June 1, 1999, if, thirty days prior to such
obligation of funds, the President certifies and so reports to Congress
that--
(1)(A) the parties to the Agreed Framework have taken and
continue to take demonstrable steps to assure that progress is
made on the implementation of the January 1, 1992, Joint
Declaration on the Denuclearization of the Korean Peninsula in
which the government of North Korea has committed not to test,
manufacture, produce, receive, possess, store, deploy or use
nuclear weapons;
(B) the parties to the Agreed Framework have taken and
continue to take demonstrable steps to assure that progress is
made on the implementation of the North-South dialogue; and
(C) North Korea is complying with all provisions of the
Agreed Framework and with the Confidential Minute between North
Korea and the United States;
(2) North Korea is cooperating fully in the canning and safe
storage of all spent fuel from its graphite-moderated nuclear
reactors;
(3) North Korea has not significantly diverted assistance
provided by the United States for purposes for which it was not
intended; and
(4) the United States is fully engaged in efforts to impede
North Korea's development and export of ballistic missiles; and
(c) Of the funds made available for KEDO, up to $20,000,000 may be
made available on or after June 1, 1999, if, thirty days prior to such
obligation of funds, the President certifies and so reports to Congress
that:
(1) the United States has initiated meaningful discussions
with North Korea on implementation of the Joint Declaration on
the Denuclearization of the Korean Peninsula;
(2) the United States has reached agreement with North Korea
on the means for satisfying U.S. concerns regarding suspect
underground construction; and;
(3) the United States is making significant progress on
reducing and eliminating the North Korean ballistic missile
threat, including its ballistic missile exports.
(d) The President may waive the certification requirements of
subsections (b) and (c) if the President determines that it is vital to
the national security interests of the United States and
[[Page 112 STAT. 2681-202]]
provides written policy justifications to the appropriate congressional
committees prior to his exercise of such waiver. No funds may be
obligated for KEDO until 30 days after submission to Congress of such
waiver.
(e) Not later than January 1, 1999, the President shall name a
``North Korea Policy Coordinator'', who shall conduct a full and
complete interagency review of United States policy toward North Korea,
shall provide policy direction for negotiations with North Korea related
to nuclear weapons, ballistic missiles, and other security related
issues, and shall also provide leadership for United States
participation in KEDO.
(f) The Secretary of State shall submit to the appropriate
congressional committees an annual report (to be submitted with the
annual presentation for appropriations) providing a full and detailed
accounting of the fiscal year request for the United States contribution
to KEDO, the expected operating budget of the KEDO, to include unpaid
debt, proposed annual costs associated with heavy fuel oil purchases,
and the amount of funds pledged by other donor nations and organizations
to support KEDO activities on a per country basis, and other related
activities.
(g) The Secretary of Defense shall submit to the appropriate
congressional committees an annual report on the degree to which KEDO's
mission and the Agreed Framework continue to promote important United
States national security interests, contribute to delaying North Korean
indigenous development of nuclear weapons-related technology, and
positively impact the level of tension on the Korean Peninsula.
Sec. 583. <<NOTE: 22 USC 262r note.>> (a) Notwithstanding any other
provision of law, each annual report required by subsection 1701(a) of
the International Financial Institutions Act, as amended (Public Law 95-
118, 22 U.S.C. 262r), shall comprise--
(1) an assessment of the effectiveness of the major policies
and operations of the international financial institutions;
(2) the major issues affecting United States participation;
(3) the major developments in the past year;
(4) the prospects for the coming year;
(5) the progress made and steps taken to achieve United
States policy goals (including major policy goals embodied in
current law) with respect to the international financial
institutions; and
(6) such data and explanations concerning the effectiveness,
operations, and policies of the international financial
institutions, such recommendations concerning the international
financial institutions, and such other data and material as the
Chairman may deem appropriate.
(b) The requirements of Sections 1602(e), 1603(c), 1604(c), and
1701(b) of the International Financial Institutions Act, as amended
(Public Law 95-118, 22 U.S.C. 262p-1, 262p-2, 262p-3 and 262(r)),
Section 2018(c) of the International Narcotics Control Act of 1986, as
amended (Public Law 99-570, 22 U.S.C. 2291 note), Section 407(c) of the
Foreign Debt Reserving Act of 1989 (Public Law 101-240, 22 U.S.C. 2291
note), Section 14(c) of the Inter-American Development Bank Act, as
amended (Public Law 86-147, 22 U.S.C. 283j-1(c)), and Section 1002 of
the Freedom for Russia and
[[Page 112 STAT. 2681-203]]
Emerging Eurasian Democracies and Open Markets Support Act of 1992
(Public Law 102-511) (22 U.S.C. 286ll(b)) shall no longer apply to the
contents of such annual reports.
Sec. 584. None of the funds appropriated or otherwise made available
by this Act may be used to provide equipment, technical support,
consulting services, or any other form of assistance to the Palestinian
Broadcasting Corporation.
Sec. 585. (a) Findings.--Congress finds that--
(1) Iraq is continuing efforts to mask the extent of its
weapons of mass destruction and missile programs;
(2) proposals to relax the current international inspection
regime would have potentially dangerous consequences for
international security; and
(3) Iraq has demonstrated time and again that it cannot be
trusted to abide by international norms or by its own
agreements, and that the only way the international community
can be assured of Iraqi compliance is by ongoing inspection.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the international agencies charged with inspections in
Iraq--the International Atomic Energy Agency (IAEA) and the
United Nations Special Commission (UNSCOM) should maintain
vigorous inspections, including surprise inspections, within
Iraq; and
(2) the United States should 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 United Nations' resolutions.
(c) Report.--Not later than 30 days after the date of enactment of
this Act, the President shall submit a report to Congress on the United
States Government's assessment of Iraq's nuclear and other weapons of
mass destruction programs and its efforts to move toward procurement of
nuclear weapons and the means to deliver weapons of mass destruction.
The report shall also--
(1) assess the United States view of the International
Atomic Energy Agency's action team reports and other IAEA
efforts to monitor the extent and nature of Iraq's nuclear
program; and
(2) include the United States Government's opinion on the
value of maintaining the ongoing inspection regime rather than
replacing it with a passive monitoring system.
Sec. 586. (a) The Congress finds that--
(1) according to the Department of State, Iran continues to
support international terrorism, providing training, financing,
and weapons to such terrorist groups as Hizballah, Islamic Jihad
and Hamas;
(2) Iran continues to oppose the Arab-Israeli peace process
and refuses to recognize Israel's right to exist;
[[Page 112 STAT. 2681-204]]
(3) Iran continues aggressively to seek weapons of mass
destruction and the missiles to deliver them;
(4) it is long-standing United States policy to offer
official government-to-government dialogue with the Iranian
regime, such offers having been repeatedly rebuffed by Tehran;
(5) more than a year after the election of President
Khatemi, Iranian foreign policy continues to threaten American
security and that of our allies in the Middle East; and
(6) despite repeated offers and tentative steps toward
rapprochement with Iran by the Clinton Administration, including
a decision to waive sanctions under the Iran-Libya Sanctions Act
and the President's veto of the Iran Missile Proliferation
Sanctions Act, Iran has failed to reciprocate in a meaningful
manner.
(b) Therefore it is the sense of the Congress that--
(1) the Administration should make no concessions to the
Government of Iran unless and until that government moderates
its objectionable policies, including taking steps to end its
support of international terrorism, opposition to the Middle
East peace process, and the development and proliferation of
weapons of mass destruction and their means of delivery; and
(2) there should be no change in United States policy toward
Iran until there is credible and sustained evidence of a change
in Iranian policies.
Sec. 587. <<NOTE: 22 USC 2381 note.>> (a) Establishment of Office.--
There shall be established within the Office of the Administrator of the
Agency for International Development, an Office of Security. Such Office
of Security shall, notwithstanding any other provision of law except
section 207 of the Foreign Service Act of 1980 and section 103 of Public
Law 199-339, have the responsibility for the supervision, direction, and
control of all security activities relating to the programs and
operations of that Agency.
(b) Transfer and Allocation of Appropriations and Personnel.--There
are transferred to the
Office of Security all security functions exercised by the Office of
Inspector General of the Agency for International Development exercised
before the date of enactment of this Act. The Administrator shall
transfer from the Office of the Inspector General of such Agency to the
Office of Security established by subsection (a), the personnel
(including the Senior Executive Service position designated for the
Assistant Inspector General for Security), assets, liabilities, grants,
contracts, property, records, and unexpended balances of appropriations,
and other funds held, used, available to, or to be made available in
connection with such functions. Unexpended balances of appropriations,
and other funds made available or to be made available in connection
with such functions, shall be transferred to and merged with funds
appropriated by this Act under the heading ``Operating Expenses of the
Agency for International Development''.
(c) Transfer of Employees.--Any employee in the career service who
is transferred pursuant to this section shall be placed in a position in
the Office of Security established by subsection (a) which is comparable
to the position the employee held in the Office of the Inspector General
of the Agency for International Development.
[[Page 112 STAT. 2681-205]]
Sec. 588. (a) Congress makes the following findings:
(1) North Korea has been active in developing new
generations of medium-range and intermediate-range ballistic
missiles, including both the Nodong and Taepo Dong class
missiles.
(2) North Korea is not an adherent to the Missile Technology
Control Regime, actively cooperates with Iran and Pakistan in
ballistic missile programs, and has declared its intention to
continue to export ballistic missile technology.
(3) North Korea has shared technology involved in the Taepo
Dong I missile program with Iran, which is concurrently
developing the Shahab-3 intermediate-range ballistic missile.
(4) North Korea is developing the Taepo Dong II
intermediate-range ballistic missile, which is expected to have
sufficient range to put at risk United States territories,
forces, and allies throughout the Asia-Pacific area.
(5) Multistage missiles like the Taepo Dong class missile
can ultimately be extended to intercontinental range.
(6) The bipartisan Commission to Assess the Ballistic
Missile Threat to the United States emphasized the need for the
United States intelligence community and United States policy
makers to
review the methodology by which they assess foreign missile programs in
order to guard against surprise developments with respect to such
programs.
(b) It is the sense of 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 another
country, specifically Japan, an event that demonstrated an
advanced capability for employing multistage missiles, which are
by nature capable of extended range, including intercontinental
range;
(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 the continuing conduct by that
country of activities which destabilize the region, including
the missile firing referred to in paragraph (1), continued
submarine incursions into South Korean 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
incorporated into the analytical processes of the United States
intelligence community as soon as possible; and
(5) the United States should accelerate cooperative theater
missile defense programs with Japan.
Sec. 589. (a) Establishment of Program.--Chapter 1 of part I of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended by
adding at the end the following:
[[Page 112 STAT. 2681-206]]
``SEC. 129. <<NOTE: 22 USC 2151aa.>> PROGRAM TO PROVIDE TECHNICAL
ASSISTANCE TO FOREIGN GOVERNMENTS AND FOREIGN CENTRAL BANKS
OF DEVELOPING OR TRANSITIONAL COUNTRIES.
``(a) Establishment of Program.--
``(1) In general.--Not later than 150 days after the date of
the enactment of this section, the Secretary of the Treasury,
after consultation with the Secretary of State and the
Administrator of the United States Agency for International
Development, is authorized to establish a program to provide
technical assistance to foreign governments and foreign central
banks of developing or transitional countries.
``(2) Role of secretary of state.--The Secretary of State
shall provide foreign policy guidance to the Secretary to ensure
that the program established under this subsection is
effectively integrated into the foreign policy of the United
States.
``(b) Conduct of Program.--
``(1) In general.--In carrying out the program established
under subsection (a), the Secretary shall provide economic and
financial technical assistance to foreign governments and
foreign central banks of developing and transitional countries
by providing advisers with appropriate expertise to advance the
enactment of laws and establishment of administrative procedures
and institutions in such countries to promote macroeconomic and
fiscal stability, efficient resource allocation, transparent and
market-oriented processes and sustainable private sector growth.
``(2) Additional requirements.--To the extent practicable,
such technical assistance shall be designed to establish--
``(A) tax systems that are fair, objective, and
efficiently gather sufficient revenues for governmental
operations;
``(B) debt issuance and management programs that
rely on market forces;
``(C) budget planning and implementation that
permits responsible fiscal policy management;
``(D) commercial banking sector development that
efficiently intermediates between savers and investors;
and
``(E) financial law enforcement to protect the
integrity of financial systems, financial institutions,
and government programs.
``(c) Administrative Requirements.--In carrying out the program
established under subsection (a), the Secretary--
``(1) shall establish a methodology for identifying and
selecting foreign governments and foreign central banks to
receive assistance under the program;
``(2) prior to selecting a foreign government or foreign
central bank to receive assistance under the program, shall
receive the concurrence of the Secretary of State with respect
to the selection of such government or central bank and with
respect to the cost of the assistance to such government or
central bank;
``(3) shall consult with the heads of appropriate Executive
agencies of the United States, including the Secretary of State
and the Administrator of the United States Agency for
International Development, and appropriate international
financial institutions to avoid duplicative efforts with respect
to those foreign countries for which such agencies or
organizations provide similar assistance;
[[Page 112 STAT. 2681-207]]
``(4) shall ensure that the program is consistent with the
International Affairs Strategic Plan and Mission Performance
Plan of the United States Agency for International Development;
``(5) shall establish and carry out a plan to evaluate the
program.
``(d) Administrative Authorities.--In carrying out the program
established under subsection (a), the Secretary shall have the following
administrative authorities:
``(1) The Secretary may provide allowances and benefits
under chapter 9 of title I of the Foreign Service Act of 1980
(22 U.S.C. 4081 et seq.) to any officer or employee of any
agency of the United States Government performing functions
under this section outside the United States.
``(2)(A) The Secretary may allocate or transfer to any
agency of the United States Government any
part of any funds available for carrying out this section, including any
advance to the United States Government by any country or international
organization for the procurement of commodities, supplies, or services.
``(B) Such funds shall be available for obligation and
expenditure for the purposes for which such funds were
authorized, in accordance with authority granted in this section
or under authority governing the activities of the agency of the
United States Government to which such funds are allocated or
transferred.
``(3) Appropriations for the purposes of or pursuant to this
section, and allocations to any agency of the United States
Government from other appropriations for functions directly
related to the purposes of this section, shall be available
for--
``(A) contracting with individuals for personal
services abroad, except that such individuals shall not
be regarded as employees of the United States Government
for the purpose of any law administered by the Office of
Personnel Management;
``(B) the purchase and hire of passenger motor
vehicles, except that passenger motor vehicles may be
purchased only--
``(i) for use in foreign countries; and
``(ii) if the Secretary or the Secretary's
designee has determined that the vehicle is
necessary to accomplish the mission;
``(C) the purchase of insurance for official motor
vehicles acquired for use in foreign countries;
``(D)(i) the rent or lease outside the United
States, not to exceed 5 years, of offices, buildings,
grounds, and quarters, including living quarters to
house personnel, consistent with the relevant
interagency housing board policy, and payments therefor
in advance;
``(ii) maintenance, furnishings, necessary repairs,
improvements, and alterations to properties owned or
rented by the United States Government or made available
for use to the United States Government outside the
United States; and
``(iii) costs of insurance, fuel, water, and
utilities for such properties;
[[Page 112 STAT. 2681-208]]
``(E) expenses of preparing and transporting to
their former homes or places of burial the remains of
foreign participants or members of the family of foreign
participants, who may die while such participants are
away from their homes participating in activities
carried out with funds covered by this section;
``(F) notwithstanding any other provision of law,
transportation and payment of per diem in lieu of
subsistence to foreign participants engaged in
activities of the program under this section while such
participants are away from their homes in countries
other than the United States, at rates not in excess of
those prescribed by the standardized Government travel
regulations;
``(G) expenses in connection with travel of
personnel outside the United States, including travel
expenses of dependents (including expenses during
necessary stop-overs while engaged in such travel), and
transportation of personal effects, household goods, and
automobiles of such personnel when any part of such
travel or transportation begins in one fiscal year
pursuant to travel orders issued in that fiscal year,
notwithstanding the fact that such travel or
transportation may not be completed during the same
fiscal year, and cost of transporting automobiles to and
from a place of storage, and the cost of storing
automobiles of such personnel when it is in the public
interest or more economical to authorize storage; and
``(H) grants to, and cooperative agreements and
contracts with, any individual, corporation, or other
body of persons, nonprofit organization, friendly
government or government agency, whether within or
without the United States, and international
organizations, as the Secretary determines is
appropriate to carry out the purposes of this section.
``(4) Whenever the Secretary determines it to be consistent
with the purposes of this section, the Secretary is authorized
to furnish services and commodities on an advance-of-funds basis
to any friendly country or international organization that is
not otherwise prohibited from receiving assistance under this
Act. Such advances may be credited to the currently applicable
appropriation, account, or fund of the Department of the
Treasury and shall be available for the purposes for which such
appropriation, account, or fund is authorized to be used.
``(e) Issuance of Regulations.--The Secretary is authorized to issue
such regulations with respect to personal service contractors as the
Secretary deems necessary to carry out this section.
``(f) Rule of Construction.--Nothing in this section shall be
construed to infringe upon the powers or functions of the Secretary of
State (including the powers or functions described in section 103 of the
Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C.
4802)) or of any chief of mission (including the powers or functions
described in section 207 of the Foreign Service Act of 1980 (22 U.S.C.
3927)).
``(g) Termination of Assistance.--The Secretary shall conclude
assistance activities for a recipient foreign government or foreign
central bank under the program established under subsection (a) if the
Secretary, after consultation with the appropriate
[[Page 112 STAT. 2681-209]]
officers of the United States, determines that such assistance has
resulted in the enactment of laws or the establishment of institutions
in that country that promote fiscal stability and administrative
procedures, efficient resource allocation, transparent and market-
oriented processes and private sector growth in a sustainable manner.
``(h) Report.--
``(1) In general.--Not later than 3 months after the date of
the enactment of this section, and every 6 months thereafter,
the Secretary shall prepare and submit to the appropriate
congressional committees a report on the conduct of the program
established under this section during the preceding 6-month
period.
``(2) Definition.--In this subsection, the term `appropriate
congressional committees' means--
``(A) the Committee on International Relations and
the Committee on Appropriations of the House of
Representatives; and
``(B) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate.
``(i) Definitions.--In this section:
``(1) Developing or transitional country.--The term
`developing or transitional country' means a country eligible to
receive development assistance under this chapter.
``(2) International financial institution.--The term
`international financial institution' means the International
Monetary Fund, the International Bank for Reconstruction and
Development, the International Development Association, the
International Finance Corporation, the Multilateral Investment
Guarantee Agency, the Asian Development Bank, the African
Development Bank, the African Development Fund, the Inter-
American Development Bank, the Inter-American Investment
Corporation, the European Bank for Reconstruction and
Development, and the Bank for Economic Cooperation and
Development in the Middle East and North Africa.
``(3) Secretary.--The term `Secretary' means the Secretary
of the Treasury.
``(4) Technical assistance.--The term `technical assistance'
includes--
``(A) the use of short-term and long-term expert
advisers to assist foreign governments and foreign
central banks for the purposes described in subsection
(b)(1);
``(B) training in the recipient country, the United
States, or elsewhere for the purposes described in
subsection (b)(1);
``(C) grants of goods, services, or funds to foreign
governments and foreign central banks;
``(D) grants to United States nonprofit
organizations to provide services or products which
contribute to the provision of advice to foreign
governments and foreign central banks; and
``(E) study tours for foreign officials in the
United States or elsewhere for the purpose of providing
technical information to such officials.
``(5) Foreign participant.--The term `foreign participant'
means the national of a developing or transitional country that
is receiving assistance under the program established
[[Page 112 STAT. 2681-210]]
under subsection (a) who has been designated to participate in
activities under such program.
``(j) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this section $5,000,000 for fiscal year 1999.
``(2) Availability of amounts.--Amounts authorized to be
appropriated under paragraph (1) are authorized to remain
available until expended.''.
(b) Transportation of Remains, Dependents, and Effects of United
States Government Employees; Death Occurring Away From Official Station
Abroad.--Section 5742(b) of title 5, United States Code, is amended--
(1) in paragraph (1), by striking the ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) the travel expenses of not more than 2 persons to
escort the remains of a deceased employee, if death occurred
while the employee was in travel status away from his official
station in the United States or while performing official duties
outside the United States or in transit thereto or therefrom,
from the place of death to the home or official station of such
person, or such other place appropriate for interment as is
determined by the head of the agency concerned.''.
Sec. 590. Notwithstanding any other provision of law, of the funds
made available in this Act and prior Acts making appropriations for
foreign operations, export financing and related programs, not less than
$8,000,000 shall be made available only for assistance to the Iraqi
democratic opposition for such activities as organization, training,
communication and dissemination of information, and developing and
implementing agreements among opposition groups: Provided further, That
any agreement reached regarding the obligation of funds under the
previous proviso shall include provisions to ensure appropriate
monitoring on the use of such funds: Provided further, That of this
amount not less than $3,000,000 should be made available as a grant to
Iraqi National Congress, to be administered by its Executive Committee
for the benefit of all constituent groups of the Iraqi National
Congress: Provided further, That within 30 days of enactment of this Act
the Secretary of State shall submit a detailed report to the
Appropriations Committees of Congress on implementation of this section.
Sec. 591. (a) Establishment of National Commission on Terrorism.--
(1) Establishment.--There is established 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. The commission shall be
known as ``The National Commission on Terrorism''.
(2) Composition.--The commission shall be composed of 10
members appointed as follows:
(A) Three members shall be appointed by the Majority
Leader of the Senate.
[[Page 112 STAT. 2681-211]]
(B) Three members shall be appointed by the Speaker
of the House of Representatives.
(C) Two members shall be appointed by the Minority
Leader of the Senate.
(D) Two members shall be appointed by the Minority
Leader of the House of Representatives.
(E) The appointments of the members of the
commission should be made no later than 3 months after
the date of the enactment of this Act.
(3) Qualifications.--The members should have a knowledge and
expertise in matters to be studied by the commission.
(4) Chair.--The Speaker of the House of Representatives,
after consultation with the majority leader of the Senate and
the minority leaders of the House of Representatives and the
Senate, shall designate one of the members of the Commission to
serve as chair of the Commission.
(5) Period of appointment: vacancies.--Members shall be
appointed for the life of the Commission. Any vacancy in the
Commission shall be filled in the same manner as the original
appointment.
(6) Security clearances.--All Members of the Commission
should hold appropriate security clearances.
(b) Duties.--
(1) In general.--The commission shall consider issues
relating to international terrorism directed at the United
States as follows:
(A) Review the laws, regulations, policies,
directives, and practices relating to counterterrorism
in the prevention and punishment of international
terrorism directed towards the United States.
(B) Assess the extent to which laws, regulations,
policies, directives, and practices relating to
counterterrorism have been effective in preventing or
punishing international terrorism directed towards the
United States. At a minimum, the assessment should
include a review of the following:
(i) Evidence that terrorist organizations have
established an infrastructure in the western
hemisphere for the support and conduct of
terrorist activities.
(ii) Executive branch efforts to coordinate
counterterrorism activities among Federal, State,
and local agencies and with other nations to
determine the effectiveness of such coordination
efforts.
(iii) Executive branch efforts to prevent the
use of nuclear, biological, and chemical weapons
by terrorists.
(C) Recommend changes to counterterrorism policy in
preventing and punishing international terrorism
directed toward the United States.
(2) Report.--Not later than 6 months after the date on which
the Commission first meets, the Commission shall submit to the
President and the Congress a final report of the findings and
conclusions of the commission, together with any
recommendations.
(c) Administrative Matters.--
(1) Meetings.--
[[Page 112 STAT. 2681-212]]
(A) The commission shall hold its first meeting on a
date designated by the Speaker of the House which is not
later than 30 days after the date on which all members
have been appointed.
(B) After the first meeting, the commission shall
meet upon the call of the chair.
(C) A majority of the members of the commission
shall constitute a quorum, but a lesser number may hold
meetings.
(2) Authority of individuals to act for commission.--Any
member or agent of the commission may, if authorized by the
commission, take any action which the commission is authorized
to take under this section.
(3) Powers.--
(A) The commission may hold such hearings, sit and
act at such times and places, take such testimony, and
receive such evidence as the commission considers
advisable to carry out its duties.
(B) The commission may secure directly from any
agency of the Federal Government such information as the
commission considers necessary to carry out its duties.
Upon the request of the chair of the commission, the
head of a department or agency shall furnish the
requested information expeditiously to the commission.
(C) The commission may use the United States mails
in the same manner and under the same conditions as
other departments and agencies of the Federal
Government.
(4) Pay and expenses of commission members.--
(A) Subject to appropriations, each member of the
commission who is not an employee of the government
shall be paid at a rate not to exceed the daily
equivalent of the annual rate of basic pay prescribed
for level IV of the Executive Schedule under section
5315 of title 5, United States Code, for each day
(including travel time) during which such member is
engaged in performing the duties of the commission.
(B) Members and personnel for the commission may
travel on aircraft, vehicles, or other conveyances of
the Armed Forces of the United States when travel is
necessary in the performance of a duty of the commission
except when the cost of commercial transportation is
less expensive.
(C) The members of the commission may be allowed
travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of
agencies under subchapter I of chapter 57 of title 5,
United States Code, while away from their homes or
regular places of business in the performance of
services for the commission.
(D)(i) A member of the commission who is an
annuitant otherwise covered by section 8344 of 8468 of
title 5, United States Code, by reason of membership on
the commission shall not be subject to the provisions of
such section with respect to membership on the
commission.
(ii) A member of the commission who is a member or
former member of a uniformed service shall not be
subject to the provisions of subsections (b) and (c) of
section
[[Page 112 STAT. 2681-213]]
5532 of such title with respect to membership on the
commission.
(5) Staff and administrative support.--
(A) The chairman of the commission may, without
regard to civil service laws and regulations, appoint
and terminate an executive director and up to three
additional staff members as necessary to enable the
commission to perform its duties. The chairman of the
commission may fix the compensation of the executive
director and other personnel without regard to the
provisions of chapter 51, and subchapter III of chapter
53, of title 5, United States Code, relating to
classification of positions and General Schedule pay
rates, except that the rate of pay may not exceed the
maximum rate of pay for GS-15 under the General
Schedule.
(B) Upon the request of the chairman of the
commission, the head of any department or agency of the
Federal Government may detail, without reimbursement,
any personnel of the department or agency to the
commission to assist in carrying out its duties. The
detail of an employee shall be without interruption or
loss of civil service status or privilege.
(d) Termination of Commission.--The commission shall terminate 30
days after the date on which the commission submits a final report.
(e) Funding.--There are authorized to be appropriated such sums as
may be necessary to carry out the provisions of this section.
Sec. 592. The authority of section 614 of the Foreign Assistance Act
of 1961, as amended, may not be used during fiscal year 1999 for the
Korean Peninsula Energy Development Organization to authorize the use of
more than $35,000,000 of funds made available for use under that Act or
the Arms Export Control Act.
Sec. 593. (a) Political and Economic Reform.--It is the sense of
Congress that--
(1) expanding the availability of wheat, wheat products, and
rice for distribution to the most needy and vulnerable
Indonesians is vital to the well-being of all Indonesians;
(2) the Administration should adopt a more active approach
in support of democratic institutions and processes in Indonesia
and provide assistance for continued economic and political
development in Indonesia, including--
(A) support for humanitarian programs;
(B) leading a multinational effort to expand
humanitarian and food aid programs to meet the needs of
Indonesia;
(C) working with international financial
institutions to recapitalize and reform the banking
system, restructure corporate debt, and introduce
economic and legal transparency in Indonesia;
(D) urging the Government of Indonesia to remove, to
the maximum extent possible, barriers to trade and
[[Page 112 STAT. 2681-214]]
investment which impede economic recovery in Indonesia,
including tariffs, quotas, export taxes, nontariff
barriers, and prohibitions against foreign ownership and
investment;
(E) urging the Government of Indonesia to--
(i) recognize and protect the participation of
all Indonesians, including ethnic and religious
minorities, in the political and economic life of
Indonesia; and
(ii) release individuals detained or
imprisoned for their political views;
(F) supporting efforts to establish a timetable for
elections and building democracy by strengthening
political parties and institutions and the rule of law
including the repeal of laws and regulations that
discriminate on the basis of religion or ethnicity.
(b) Report.--Not later than 6 months after the date of enactment of
this Act, the Secretary of State shall submit to the Committees on
Appropriations a report containing a description and assessment of the
actions taken by the Government of the United States and the Government
of Indonesia to further the objectives referred to in subsection (a).
(c) Ethnic Violence.--It is the sense of Congress that--
(1) the mistreatment of ethnic Chinese in Indonesia and the
criminal acts carried out against them during the May 1998 riots
in Indonesia are deplorable and condemned;
(2) a full and fair investigation of such criminal acts
should be completed by the earliest possible date, and those
identified as responsible for perpetrating such criminal acts
should be brought to justice;
(3) the investigation by the Government of Indonesia,
through its Military Honor Council, of those members of the
armed forces of Indonesia suspected of possible involvement in
the May 1998 riots, and of any member of the armed forces of
Indonesia who may have participated in criminal acts against the
people of Indonesia during the riots, is commended and should be
supported;
(4) the Government of Indonesia should take action to
assure--
(A) the implementation of appropriate measures to
prevent ethnic-related violence and rapes in Indonesia
and to protect the human rights and physical safety of
the ethnic Chinese community in Indonesia; and
(B) the provision of just compensation for victims
of the rape and violence that occurred during the May
1998 riots in Indonesia, including medical care;
(5) the Administration and the United Nations should
continue to support and assist the Government of Indonesia and
nongovernmental organizations, in the investigations into the
May 1998 riots in Indonesia in order to expedite such
investigations.
(d) Report.--(1) Not later than 6 months after the date of enactment
of this Act, the Secretary of State shall submit to Congress a report
containing the following:
(A) An assessment of--
(i) whether or not there was a systematic and
organized campaign of violence, including the use of
rape, against the ethnic Chinese community in Indonesia
during the May 1998 riots in Indonesia; and
[[Page 112 STAT. 2681-215]]
(ii) the level and degree of participation, if any,
of members of the Government or armed forces of
Indonesia in the riots.
(B) An assessment of the actions taken by the Government of
Indonesia to investigate the May 1998 riots in Indonesia, bring
the perpetrators of the riots to justice, and ensure that
similar riots do not recur.
Sec. 594. <<NOTE: 22 USC 2753 note.>> (a) Notification.--No less
than 15 days prior to the export to any country identified pursuant to
subparagraph (C) of any lethal defense article or service in the amount
of $14,000,000 or less, the President shall provide a detailed
notification to the Committees on Appropriations and Foreign Relations
of the Senate and the Committees on Appropriations and International
Relations of the House of Representatives.
(b) Content of Notification.--A detailed notification transmitted
pursuant to subparagraph (a) shall include the same type and quantity of
information required of a notification submitted pursuant to section
36(b) of the Arms Export Control Act (22 U.S.C. 2776(b)).
(c) Countries Defined.--This section shall apply to any country that
is--
(1) identified in section 521 of the annual appropriations
Act for Foreign Operations, Export Financing, and Related
Programs, or a comparable provision in a subsequent
appropriations Act; or
(2) currently ineligible, in whole or in part, under an
annual appropriations Act to receive funds for International
Military Education and Training or under the Foreign Military
Financing Program, excluding high-income countries as defined
pursuant to section 546(b) of the Foreign Assistance Act of
1961.
(d) Exclusions.--Information reportable under title V of the
National Security Act of 1947 is excluded from the requirements of this
section.
Sec. 595. (a) Findings.--Congress makes the following findings--
(1) the December 2, 1980 brutal assault and murder of four
American churchwomen by members of the Salvadoran National Guard
was covered up and never fully investigated;
(2) on July 22 and July 23, 1998, Salvadoran authorities
granted three of the National Guardsmen convicted of the crimes
early release from prison;
(3) the United Nations Truth Commission for El Salvador
determined in 1993 that there was sufficient evidence that the
Guardsmen were acting on orders from their superiors;
(4) in March 1998, four of the convicted Guardsmen confessed
that they acted after receiving orders from their superiors;
(5) recently declassified documents from the State
Department show that United States Government officials were
aware of information suggesting the involvement of superior
officers in the murders;
[[Page 112 STAT. 2681-216]]
(6) United States officials granted permanent residence to a
former Salvadoran military official involved in the cover-up of
the murders, enabling him to remain in Florida; and
(7) despite the fact that the murders occurred over 17 years
ago, the families of the four victims continue to seek the
disclosure of information relevant to the murders.
(b) Sense of Congress.--It is the sense of Congress that--
(1) information relevant to the murders should be made
public to the fullest extent possible;
(2) the Secretary of State and the Department of State are
to be commended for fully releasing information regarding the
murders to the victims' families and to the American public, in
prompt response to congressional requests;
(3) the President should order all other Federal agencies
and departments that possess relevant information to make every
effort to declassify and release to the victims' families
relevant information as expeditiously as possible;
(4) in making determinations concerning the declassification
and release of relevant information, the Federal agencies and
departments should presume in favor of releasing, rather than of
withholding, such information; and
(5) the President should direct the Attorney General to
review the circumstances under which individuals involved in
either the murders or the cover-up of the murders obtained
residence in the United States, and the Attorney General should
submit a report to the Congress on the results of such review
not later than January 1, 1999.
Sec. 596. (a) Findings.--Congress makes the following findings:
(1) On December 21, 1988, 270 people, including 189 United
States citizens, were killed in a terrorist bombing on Pan Am
Flight 103 over Lockerbie, Scotland.
(2) Britain and the United States indicted 2 Libyan
intelligence agents--Abdel Basset Al-Megrahi and Lamen Khalifa
Fhimah--in 1991 and sought their extradition from Libya to the
United States or the United Kingdom to stand trial for this
heinous terrorist act.
(3) The United Nations Security Council called for the
extradition of the suspects in Security Council Resolution 731
and imposed sanctions on Libya in Security Council Resolutions
748 and 883 because Libyan leader, Colonel Muammar Qadaffi,
refused to transfer the suspects to either the United States or
the United Kingdom to stand trial.
(4) The sanctions in Security Council Resolutions 748 and
883 include a worldwide ban on Libya's national airline, a ban
on flights into and out of Libya by other nations' airlines, a
prohibition on supplying arms, airplane parts, and certain oil
equipment to Libya, and a freeze on Libyan government funds in
other countries.
(5) Colonel Qaddafi has continually refused to extradite the
suspects to either the United States or the United Kingdom and
has insisted that he will only transfer the suspects to a third
and neutral country to stand trial.
(6) On August 24, 1998, the United States and the United
Kingdom proposed that Colonel Qadaffi transfer the suspects
[[Page 112 STAT. 2681-217]]
to the Netherlands, where they would stand trial before a
Scottish court, under Scottish law, and with a panel of Scottish
judges.
(7) The United States-United Kingdom proposal is consistent
with those previously endorsed by the Organization of African
Unity, the League of Arab States, the Non-Aligned Movement, and
the Islamic Conference.
(8) The United Nations Security Council endorsed the United
States-United Kingdom proposal on August 27, 1998, in United
Nations Security Council Resolution 1192.
(9) The United States Government has stated that this
proposal is nonnegotiable and has called on Colonel Qadaffi to
respond promptly, positively, and unequivocally to this proposal
by ensuring the timely appearance of the two accused individuals
in the Netherlands for trial before the Scottish court.
(10) The United States Government has called on Libya to
ensure the production of evidence, including the presence of
witnesses before the court, and to comply fully with all the
requirements of the United Nations Security Council resolutions.
(11) Secretary of State Albright has said that the United
States will urge a multilateral oil embargo against Libya in the
United Nations Security Council if Colonel Muammar Qadaffi does
not transfer the suspects to the Netherlands to stand trial.
(12) The United Nations Security Council will convene on
October 30, 1998, to review sanctions imposed on Libya.
(b) Sense of Congress.--It is the sense of Congress that--
(1) Colonel Qadaffi should promptly transfer the indicted
suspects Abdel Basset Al-Megrahi and Lamen Khalifa Fhimah to the
Netherlands to stand trial before the Scottish court;
(2) the United States Government should 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 United
Nations Security Council Resolution 1192; and
(3) if Colonel Qadaffi does not transfer the indicted
suspects Abdel Basset Al-Megrahi and Lamen Khalifa Fhimah to the
Netherlands by October 29,
1998, the United States Permanent Representative to the United Nations
should--
(A) introduce a resolution in the United Nations
Security Council to impose a multilateral oil embargo
against Libya;
(B) actively promote adoption of the resolution by
the United Nations Security Council; and
(C) assure that a vote will occur in the United
Nations Security Council on such a resolution.
Sec. 597. (a) Findings.--Congress finds that--
(1) many children in the United States have been abducted by
family members who are foreign nationals and living in foreign
countries;
[[Page 112 STAT. 2681-218]]
(2) children who have been abducted by an estranged father
are very rarely returned, through legal remedies, from countries
that only recognize the custody rights of the father;
(3) there are at least 140 cases that need to be resolved in
which children have been abducted by family members and taken to
foreign countries;
(4) although the Convention on the Civil Aspects of
International Child Abduction, done at The Hague on October 25,
1980, has made progress in aiding the return of abducted
children, the Convention does not address the criminal aspects
of child abduction, and there is a need to reach agreements
regarding child abduction with countries that are not parties to
the Convention; and
(5) decisions on awarding custody of children should be made
in the children's best interest, and persons who violate laws of
the United States by abducting their children should not be
rewarded by being granted custody of those children.
(b) Sense of the Congress.--It is the sense of the Congress that the
United States 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
accountable the abductors for violations of criminal law.
TITLE VI--INTERNATIONAL FINANCIAL PROGRAMS AND REFORM
Funds Appropriated to the President
For an increase in the United States quota in the International
Monetary Fund, the dollar equivalent of 10,622,500,000 Special Drawing
Rights, to remain available until expended.
For loans to the International Monetary Fund under section 17 of the
Bretton Woods Agreements Act pursuant to the New Arrangements to Borrow,
the dollar equivalent of 2,462,000,000 Special Drawing Rights, to remain
available until expended. In addition, the amounts appropriated by title
III of the Foreign Aid and Related Agencies Appropriations Act, 1963
(Public Law 87-872) and section 1101(b) of the Supplemental
Appropriations Act, 1984 (Public Law 98-181) may also be used under
section 17 of the Bretton Woods Agreements Act pursuant to the New
Arrangements to Borrow.
General Provisions--This Title
Sec. 601. None of the funds appropriated in this title may be
obligated or made available to the International Monetary Fund
[[Page 112 STAT. 2681-219]]
until 15 days after the Secretary of the Treasury and the Chairman of
the Board of Governors of the Federal Reserve System jointly provide
written notification to the appropriate committees that the major
shareholders of the Fund have publicly agreed to, and will act to
implement in the Fund the following policies:
(1) Policies providing that conditions in standby or other
arrangements regarding the use of Fund resources include, in
addition to appropriate monetary policy conditions, requirements
that the recipient country, in accordance with a schedule for
action--
(A) liberalize restrictions on trade in goods and
services, consistent with the terms of all international
trade agreements of which the borrowing country is a
signatory;
(B) eliminate the systemic 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
(C) provide a legal basis for nondiscriminatory
treatment in insolvency proceedings between domestic and
foreign creditors, and for debtors and other concerned
persons.
(2) Policies providing that within 3 months after any
meeting of the Executive Board of the Fund 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 Fund is discussed, a full written summary of the
meeting should be made available for public inspection, with the
following information redacted:
(A) Information which, if released, would adversely
affect the national security of a country, and which is
of the type that would be classified by the United
States Government.
(B) Market-sensitive information.
(C) Proprietary information.
(3) Policies providing that within 3 months after any
meeting of the Executive Board of the Fund at which a Letter of
Intent, a Memorandum of Understanding, or a Policy Framework
Paper is discussed, a copy of the Letter of Intent, Memorandum
of Understanding, or Policy Framework Paper should be made
available for public inspection with the following information
redacted:
(A) Information which, if released, would adversely
affect the national security of a country, and which is
of the type that would be classified by the United
States Government.
(B) Market-sensitive information.
(C) Proprietary information.
(4) 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 and in order to provide an
incentive for early repayment and encourage private market
financing, loans made from the Fund's general resources after
the date of the enactment of this section are--
(A) made available at an interest rate that reflects
an adjustment for risk that is not less than 300 basis
points in excess of the average of the market-based
short-term cost of financing of its largest members; and
[[Page 112 STAT. 2681-220]]
(B) repaid within 1 to 2\1/2\ years from each
disbursement.
Sec. 602. (a) The Secretary of the Treasury shall instruct the
United States Executive Director at the International Monetary Fund to
exert the influence of the United States to oppose further disbursement
of funds to the Republic of Korea under the Republic of Korea's standby
arrangement of December 4, 1997 (in this section referred to as the
``Arrangement''), unless there is in effect a certification by the
Secretary of the Treasury to the appropriate committees that--
(1) no Fund resources made available pursuant to the
Arrangement have been used to provide financial assistance to
the semiconductor, steel, automobile, shipbuilding, or textile
and apparel industries;
(2) the Fund has neither guaranteed nor underwritten the
private loans of semiconductor, steel, automobile, shipbuilding,
or textile and apparel manufacturers under the Arrangement; and
(3) officials from the Fund and the Department of the
Treasury have monitored the implementation of the provisions
contained in the Arrangement, and all of the conditions have
either been met or the Republic of Korea has committed itself to
fulfill all of these conditions according to an explicit
timetable for completion; which timetable has been provided to
the Fund and the Department of the Treasury and approved by the
Fund.
(b) Before each disbursement of Fund resources to the Republic of
Korea under the Arrangement, the Secretary of the Treasury shall report
to the appropriate committees on whether a certification by the
Secretary pursuant to subsection (a) is in effect.
<<NOTE: Establishment. 22 USC 262r note<plus-minus>.>> Sec. 603.
(a) In General.--The Secretary of the Treasury shall establish an
International Financial Institution Advisory Commission (in this section
referred to as the ``Commission'').
(b) Membership.--
(1) In general.--The Commission shall be composed of 11
members, as follows:
(A) 3 members appointed by the Speaker of the House
of Representatives.
(B) 3 members appointed by the Majority Leader of
the Senate.
(C) 5 members appointed jointly by the Minority
Leader of the House of Representatives and the Minority
Leader of the Senate.
(2) Timing of appointments.--All appointments to the
Commission shall be made not later than 45 days after the date
of enactment of this Act.
(3) Chairman.--The Majority Leader of the Senate, after
consultation with the Speaker of the House of Representatives
and the Minority Leaders of the House of Representatives and the
Senate, shall designate 1 of the members of the Commission to
serve as Chairman of the Commission.
[[Page 112 STAT. 2681-221]]
(c) Qualifications.--
(1) Expertise.--Members of the Commission shall be appointed
from among those with knowledge and expertise in the workings of
the international financial institutions (as defined in section
1701(c)(2) of the International Financial Institutions Act), the
World Trade Organization, and the Bank for International
Settlements.
(2) Former affiliation.--At least 4 members of the
Commission shall be individuals who were officers or employees
of the Executive Branch before January 20, 1992, and not more
than half of such 4 members shall have served under Presidents
from the same political party.
(d) Period of Appointment; Vacancies.--Members shall be appointed
for the life of the Commission. Any vacancy in the Commission shall be
filled in the same manner as the original appointment was made.
(e) Duties of the Commission.--The Commission shall advise and
report to the Congress on the future role and responsibilities of the
international financial institutions (as defined in section 1701(c)(2)
of the International Financial Institutions Act), the World Trade
Organization, and the Bank for International Settlements. In carrying
out such duties, the Commission shall meet with and advise the Secretary
of the Treasury or the Deputy Secretary of the Treasury, and shall
examine--
(1) the effect of globalization, increased trade, capital
flows, and other relevant factors on such institutions;
(2) the adequacy, efficacy, and desirability of current
policies and programs at such institutions as well as their
suitability for respective beneficiaries of such institutions;
(3) cooperation or duplication of functions and
responsibilities of such institutions; and
(4) other matters the Commission deems necessary to make
recommendations pursuant to subsection (g).
(f) Powers and Procedures of the Commission.--
(1) Hearings.--The Commission or, at its direction, any
panel or member of the Commission may, for the purpose of
carrying out the provisions of this section, hold hearings, sit
and act at times and places, take testimony, receive evidence,
and administer oaths to the extent that the Commission or any
panel or member considers advisable.
(2) Information.--The Commission may secure directly
information that the Commission considers necessary to enable
the Commission to carry out its responsibilities under this
section.
(3) Meetings.--The Commission shall meet at the call of the
Chairman.
(g) Report.--On the termination of the Commission, the Commission
shall submit to the Secretary of the Treasury and the appropriate
committees a report that contains recommendations regarding the
following matters:
(1) Changes to policy goals set forth in the Bretton Woods
Agreements Act and the International Financial Institutions Act.
(2) Changes to the charters, organizational structures,
policies and programs of the international financial
institutions (as defined in section 1701(c)(2) of the
International Financial Institutions Act).
[[Page 112 STAT. 2681-222]]
(3) Additional monitoring tools, global standards, or
regulations for, among other things, global capital flows,
bankruptcy standards, accounting standards, payment systems, and
safety and soundness principles for financial institutions.
(4) Possible mergers or abolition of the international
financial institutions (as defined in section 1701(c)(2) of the
International Financial Institutions Act), including changes to
the manner in which such institutions coordinate their policy
and program implementation and their roles and responsibilities.
(5) Any additional changes necessary to stabilize
currencies, promote continued trade liberalization and to avoid
future financial crises.
(h) Termination.--The Commission shall terminate 6 months after the
first meeting of the Commission, which shall be not later than 30 days
after the appointment of all members of the Commission.
(i) Reports by the Executive Branch.--
(1) Within three months after receiving the report of the
Commission under subsection (g), the President of the United
States through the Secretary of the Treasury shall report to the
appropriate committees on the desirability and feasibility of
implementing the recommendations contained in the report.
(2) Annually, for three years after the termination of the
Commission, the President of the United States through the
Secretary of the Treasury shall submit to the appropriate
committees a report on the steps taken, if any, through relevant
international institutions and international fora to implement
such recommendations as are deemed feasible and desirable under
paragraph (1).
Sec. 604. The Secretary of the Treasury shall instruct the United
States Executive Director at the International Monetary Fund to exert
the influence of the United States to seek the establishment of a
permanent advisory committee to the Interim Committee of the Board of
Governors of the Fund, that is to consist of elected members of the
national legislatures of the member countries directly represented by
appointed members of the Executive Board of the Fund, and to seek to
ensure that the permanent advisory committee has the same access to Fund
documents as is afforded to the Executive Board of the Fund.
Sec. 605. (a) The Secretary of the Treasury shall instruct the
United States Executive Director at the International Monetary Fund to
exert the influence of the United States to strengthen Fund procedures
for ascertaining that funds disbursed by the Fund are used by the
central bank (or other fiscal agent) of a borrowing country in a manner
that complies with the conditions of the Fund program for the country.
(b) On request of the appropriate committees, the United States
Executive Director shall obtain from the Fund and make available to such
committees, on a confidential basis if necessary, data concerning such
compliance.
(c) Within 6 months after the date of the enactment of this Act, the
Secretary of the Treasury shall report to the appropriate
[[Page 112 STAT. 2681-223]]
committees on the progress made toward achieving the requirements of
this section.
(d) On a quarterly basis, the Secretary of the Treasury shall report
to the appropriate committees on the standby or other arrangements of
the Fund made during the preceding quarter, identifying separately the
arrangements to which the policies described in section 601(4) of this
title apply and the arrangements to which such policies do not apply.
Sec. 606. Not later than <<NOTE: 22 USC 262r note.>> July 15, 1999,
and July 15, 2000, the Secretary of the Treasury shall report to the
Chairmen and Ranking Members of the appropriate committees on the
progress of efforts to reform the architecture of the international
monetary system. The reports shall include a discussion of the substance
of the United States position in consultations with other governments
and the degree of progress in achieving international acceptance and
implementation of such position with respect to the following issues:
(1) Adapting the mission and capabilities of the
International Monetary Fund to take better account of the
increased importance of cross-border capital flows in the world
economy and improving the coordination of its responsibilities
and activities with those of the International Bank for
Reconstruction and Development.
(2) Advancing measures to prevent, and improve the
management of, international financial crises, including by--
(A) integrating aspects of national bankruptcy
principles into the management of international
financial crises where feasible; and
(B) changing investor expectations about official
rescues, thereby reducing moral hazard and systemic risk
in international financial markets,
in order to help minimize the adjustment costs that the
resolution of financial crises may impose on the real economy,
in the form of disrupted patterns of trade, employment, and
progress in living standards, and reduce the frequency and
magnitude of claims on United States taxpayer resources.
(3) Improving international economic policy cooperation,
including among the Group of Seven countries, to take better
account of the importance of cross-border capital flows in the
determination of exchange rate relationships.
(4) Improving international cooperation in the supervision
and regulation of financial institutions and markets.
(5) Strengthening the financial sector in emerging
economies, including by improving the coordination of financial
sector liberalization with the establishment of strong public
and private institutions in the areas of prudential supervision,
accounting and disclosure conventions, bankruptcy laws and
administrative procedures, and the collection and dissemination
of economic and financial statistics, including the maturity
structure of foreign indebtedness.
(6) Advocating that implementation of European Economic and
Monetary Union and the advent of the European Currency Unit, or
euro, proceed in a manner that is consistent with
[[Page 112 STAT. 2681-224]]
strong global economic growth and stability in world financial
markets.
<<NOTE: 22 USC 262r note. participation in quota increase>> Sec.
607. For purposes of sections 601 through 606 of this title, the term
``appropriate committees'' means the Committees on Appropriations,
Foreign Relations, and Banking, Housing, and Urban Affairs of the Senate
and the Committees on Appropriations and Banking and Financial Services
of the House of Representatives.
Sec. 608. The Bretton Woods Agreements Act (22 U.S.C. 286-286mm) is
amended by adding at the end the following:
``SEC. 61. <<NOTE: 22 USC 286e-1m.>> QUOTA INCREASE.
``(a) In General.--The United States Governor of the Fund may
consent to an increase in the quota of the United States in the Fund
equivalent to 10,622,500,000 Special Drawing Rights.
``(b) Subject to Appropriations.--The authority provided by
subsection (a) shall be effective only to such extent or in such amounts
as are provided in advance in appropriations Acts.''.
Sec. 609. Section 17 of the Bretton Woods Agreements Act (22 U.S.C.
286e-2 et seq.) <<NOTE: 22 USC 286e-2.>> is amended--
(1) in subsection (a)--
(A) by striking ``and February 24, 1983'' and
inserting ``February 24, 1983, and January 27, 1997'';
and
(B) by striking ``4,250,000,000'' and inserting
``6,712,000,000'';
(2) in subsection (b), by striking ``4,250,000,000'' and
inserting ``6,712,000,000''; and
(3) in subsection (d)--
(A) by inserting ``or the Decision of January 27,
1997,'' after ``February 24, 1983,''; and
(B) by inserting ``or the New Arrangements to
Borrow, as applicable'' before the period at the end.
Sec. 610. (a) In General.--Title XV of the International Financial
Institutions Act (22 U.S.C. 262o-262o-1) is amended by adding at the end
the following:
``SEC. 1503. <<NOTE: 22 USC 262o-2.>> ADVOCACY OF POLICIES TO ENHANCE
THE GENERAL EFFECTIVENESS OF THE INTERNATIONAL MONETARY
FUND.
``(a) In General.--The Secretary of the Treasury shall instruct the
United States Executive Director of the International Monetary Fund to
use aggressively the voice and vote of the Executive Director to do the
following:
``(1) Vigorously promote policies to increase the
effectiveness of the International Monetary Fund in structuring
programs and assistance so as to promote policies and actions
[[Page 112 STAT. 2681-225]]
that will contribute to exchange rate stability and avoid
competitive devaluations that will further destabilize the
international financial and trading systems.
``(2) Vigorously promote policies to increase the
effectiveness of the International Monetary Fund in promoting
market-oriented reform, trade liberalization, economic growth,
democratic governance, and social stability through--
``(A) establishing an independent monetary
authority, with full power to conduct monetary policy,
that provides for a non-inflationary domestic currency
that is fully convertible in foreign exchange markets;
``(B) opening domestic markets to fair and open
internal competition among domestic enterprises by
eliminating inappropriate favoritism for small or large
businesses, eliminating elite monopolies, creating and
effectively implementing anti-trust and anti-monopoly
laws to protect free competition, and establishing fair
and accessible legal procedures for dispute settlement
among domestic enterprises;
``(C) privatizing industry in a fair and equitable
manner that provides economic opportunities to a broad
spectrum of the population, eliminating government and
elite monopolies, closing loss-making enterprises, and
reducing government control over the factors of
production;
``(D) economic deregulation by eliminating
inefficient and overly burdensome regulations and
strengthening the legal framework supporting private
contract and intellectual property rights;
``(E) establishing or strengthening key elements of
a social safety net to cushion the effects on workers of
unemployment and dislocation; and
``(F) encouraging the opening of markets for
agricultural commodities and products by requiring
recipient countries to make efforts to reduce trade
barriers.
``(3) Vigorously promote policies to increase the
effectiveness of the International Monetary Fund, in concert
with appropriate international authorities and other
international financial institutions (as defined in section
1701(c)(2)), in strengthening financial systems in developing
countries, and encouraging the adoption of sound banking
principles and practices, including the development of laws and
regulations that will help to ensure that domestic financial
institutions meet strong standards regarding capital reserves,
regulatory oversight, and transparency.
``(4) Vigorously promote policies to increase the
effectiveness of the International Monetary Fund, in concert
with appropriate international authorities
and other international financial institutions (as defined in section
1701(c)(2)), in facilitating the development and implementation of
internationally acceptable domestic bankruptcy laws and regulations in
developing countries, including the provision of technical assistance as
appropriate.
``(5) Vigorously promote policies that aim at appropriate
burden-sharing by the private sector so that investors and
creditors bear more fully the consequences of their decisions,
and accordingly advocate policies which include--
[[Page 112 STAT. 2681-226]]
``(A) strengthening crisis prevention and early
warning signals through improved and more effective
surveillance of the national economic policies and
financial market development of countries (including
monitoring of the structure and volume of capital flows
to identify problematic imbalances in the inflow of
short and medium term investment capital, potentially
destabilizing inflows of offshore lending and foreign
investment, or problems with the maturity profiles of
capital to provide warnings of imminent economic
instability), and fuller disclosure of such information
to market participants;
``(B) accelerating work on strengthening financial
systems in emerging market economies so as to reduce the
risk of financial crises;
``(C) consideration of provisions in debt contracts
that would foster dialogue and consultation between a
sovereign debtor and its private creditors, and among
those creditors;
``(D) consideration of extending the scope of the
International Monetary Fund's policy on lending to
members in arrears and of other policies so as to foster
the dialogue and consultation referred to in
subparagraph (C);
``(E) intensified consideration of mechanisms to
facilitate orderly workout mechanisms for countries
experiencing debt or liquidity crises;
``(F) consideration of establishing ad hoc or formal
linkages between the provision of official financing to
countries experiencing a financial crisis and the
willingness of market participants to meaningfully
participate in any stabilization effort led by the
International Monetary Fund;
``(G) using the International Monetary Fund to
facilitate discussions between debtors and private
creditors to help ensure that financial difficulties are
resolved without inappropriate resort to public
resources; and
``(H) the International Monetary Fund accompanying
the provision of funding to countries experiencing a
financial crisis resulting from imprudent borrowing with
efforts to achieve a significant contribution by the
private creditors, investors, and banks which had
extended such credits.
``(6) Vigorously promote policies that would make the
International Monetary Fund a more effective mechanism, in
concert with appropriate international authorities and other
international financial institutions (as defined in section
1701(c)(2)), for promoting good governance principles within
recipient countries by fostering structural reforms, including
procurement reform, that reduce opportunities for corruption and
bribery, and drug-related money laundering.
``(7) Vigorously promote the design of International
Monetary Fund programs and assistance so that governments that
draw on the International Monetary Fund channel public funds
away from unproductive purposes, including large `show case'
projects and excessive military spending, and toward investment
in human and physical capital as well as social programs to
protect the neediest and promote social equity.
``(8) Work with the International Monetary Fund to foster
economic prescriptions that are appropriate to the individual
economic circumstances of each recipient country, recognizing
that inappropriate stabilization programs may only serve to
[[Page 112 STAT. 2681-227]]
further destabilize the economy and create unnecessary economic,
social, and political dislocation.
``(9) Structure International Monetary Fund programs and
assistance so that the maintenance and improvement of core labor
standards are routinely incorporated as an integral goal in the
policy dialogue with recipient countries, so that--
``(A) recipient governments commit to affording
workers the right to exercise internationally recognized
core worker rights, including the right of free
association and collective bargaining through unions of
their own choosing;
``(B) measures designed to facilitate labor market
flexibility are consistent with such core worker rights;
and
``(C) the staff of the International Monetary Fund
surveys the labor market policies and practices of
recipient countries and recommends policy initiatives
that will help to ensure the maintenance or improvement
of core labor standards.
``(10) Vigorously promote International Monetary Fund
programs and assistance that are structured to the maximum
extent feasible to discourage practices which may promote ethnic
or social strife in a recipient country.
``(11) Vigorously promote recognition by the International
Monetary Fund that macroeconomic developments and policies can
affect and be affected by environmental conditions and policies,
and urge the International Monetary Fund to encourage member
countries to pursue macroeconomic stability while promoting
environmental protection.
``(12) Facilitate greater International Monetary Fund
transparency, including by enhancing accessibility of the
International Monetary Fund and its staff, fostering a more open
release policy toward working papers, past evaluations, and
other International Monetary Fund documents, seeking to publish
all Letters of Intent to the International Monetary Fund and
Policy Framework Papers, and establishing a more open release
policy regarding Article IV consultations.
``(13) Facilitate greater International Monetary Fund
accountability and enhance International Monetary Fund self-
evaluation by vigorously promoting review of the effectiveness
of the Office of Internal Audit and Inspection and the Executive
Board's external evaluation pilot program and, if necessary, the
establishment of an operations evaluation department modeled on
the experience of the International Bank for Reconstruction and
Development, guided by such key principles as usefulness,
credibility, transparency, and independence.
``(14) Vigorously promote coordination with the
International Bank for Reconstruction and Development and other
international financial institutions (as defined in section
1701(c)(2)) in promoting structural reforms which facilitate the
provision of credit to small businesses, including
microenterprise lending, especially in the world's poorest,
heavily indebted countries.
``(b) Coordination With Other Executive Departments.--To the extent
that it would assist in achieving the goals described in subsection (a),
the Secretary of the Treasury shall pursue the goals in coordination
with the Secretary of State, the Secretary of Labor, the Secretary of
Commerce, the Administrator of the Environmental Protection Agency, the
Administrator of the Agency
[[Page 112 STAT. 2681-228]]
for International Development, and the United States Trade
Representative.''.
(b) Advisory Committee on IMF Policy.--Section 1701 of such Act (22
U.S.C. 262p-5) <<NOTE: 22 USC 262r.>> is amended by adding at the end
the following:
``(e) Advisory Committee on IMF Policy.--
``(1) In general.--The Secretary of the Treasury should
establish an International Monetary Fund Advisory Committee (in
this subsection referred to as the `Advisory Committee').
``(2) Membership.--The Advisory Committee should consist of
members appointed by the Secretary of the Treasury, after
appropriate consultations with the relevant organizations. Such
members should include representatives from industry,
representatives from agriculture, representatives from organized
labor, representatives from banking and financial services, and
representatives from nongovernmental environmental and human
rights organizations.''.
Sec. 611. Title XIV of the International Financial Institutions Act
(22 U.S.C. 262n-262n-2) is amended by adding at the end the following:
``SEC. 1404. <<NOTE: 22 USC 262n-3.>> REDUCTION OF BARRIERS TO
AGRICULTURAL TRADE.
``The Secretary of the Treasury shall instruct the United States
Executive Director at the International Monetary Fund to use
aggressively the voice and vote of the United States to vigorously
promote policies to encourage the opening of markets for agricultural
commodities and products by requiring recipient countries to make
efforts to reduce trade barriers.''.
Sec. 612. Title XVII of the International Financial Institutions Act
(22 U.S.C. 262r-262r-2) is amended by adding at the end the following:
``SEC. 1704. <<NOTE: 22 USC 262r-3.>> REPORTS ON FINANCIAL STABILIZATION
PROGRAMS LED BY THE INTERNATIONAL MONETARY FUND IN
CONNECTION WITH FINANCING FROM THE EXCHANGE STABILIZATION
FUND.
``(a) In General.--The Secretary of the Treasury, in consultation
with the Secretary of Commerce and other appropriate Federal agencies,
shall prepare reports on the implementation of financial stabilization
programs (and any material terms and conditions thereof) led by the
International Monetary Fund in countries in connection with which the
United States has made a commitment to provide, or has provided
financing from the stabilization fund established under section 5302 of
title 31, United States Code. The reports shall include the following:
``(1) A description of the condition of the economies of
countries requiring the financial stabilization programs,
including the monetary, fiscal, and exchange rate policies of
the countries.
``(2) A description of the degree to which the countries
requiring the financial stabilization programs have fully
[[Page 112 STAT. 2681-229]]
implemented financial sector restructuring and reform measures
required by the International Monetary Fund, including--
``(A) ensuring full respect for the commercial
orientation of commercial bank lending;
``(B) ensuring that governments will not intervene
in bank management and lending decisions (except in
regard to prudential supervision);
``(C) the enactment and implementation of
appropriate financial reform legislation;
``(D) strengthening the domestic financial system
and improving transparency and supervision; and
``(E) the opening of domestic capital markets.
``(3) A description of the degree to which the countries
requiring the financial stabilization programs have fully
implemented reforms required by the International Monetary Fund
that are directed at corporate governance and corporate
structure, including--
``(A) making nontransparent conglomerate practices
more transparent through the application of
internationally accepted accounting practices,
independent external audits, full disclosure, and
provision of consolidated statements; and
``(B) ensuring that no government subsidized support
or tax privileges will be provided
to bail out individual corporations, particularly in the semiconductor,
steel, and paper industries.
``(4) A description of the implementation of reform measures
required by the International Monetary Fund to deregulate and
privatize economic activity by ending domestic monopolies,
undertaking trade liberalization, and opening up restricted
areas of the economy to foreign investment and competition.
``(5) A detailed description of the trade policies of the
countries, including any unfair trade practices or adverse
effects of the trade policies on the United States.
``(6) A description of the extent to which the financial
stabilization programs have resulted in appropriate burden-
sharing among private sector creditors, including rescheduling
of outstanding loans by lengthening maturities, agreements on
debt reduction, and the extension of new credit.
``(7) A description of the extent to which the economic
adjustment policies of the International Monetary Fund and the
policies of the government of the country adequately balance the
need for financial stabilization, economic growth, environmental
protection, social stability, and equity for all elements of the
society.
``(8) Whether International Monetary Fund involvement in
labor market flexibility measures has had a negative effect on
core worker rights, particularly the rights of free association
and collective bargaining.
``(9) A description of any pattern of abuses of core worker
rights in recipient countries.
``(10) The amount, rate of interest, and disbursement and
repayment schedules of any funds disbursed from the
stabilization fund established under section 5302 of title 31,
United States Code, in the form of loans, credits, guarantees,
or swaps, in support of the financial stabilization programs.
[[Page 112 STAT. 2681-230]]
``(11) The amount, rate of interest, and disbursement and
repayment schedules of any funds disbursed by the International
Monetary Fund to the countries in support of the financial
stabilization programs.
``(b) Timing.--Not later than March 15, 1999, and semiannually
thereafter, the Secretary of the Treasury shall submit to the Committees
on Banking and Financial Services and International Relations of the
House of Representatives and the Committees on Foreign Relations, and
Banking, Housing, and Urban Affairs of the Senate a report on the
matters described in subsection (a).''.
Sec. 613. Title XVII of the International Financial Institutions Act
(22 U.S.C. 262r-262r-2) is further amended by adding at the end the
following:
``SEC. 1705. <<NOTE: 22 USC 262r-4.>> ANNUAL REPORT AND TESTIMONY ON THE
STATE OF THE INTERNATIONAL FINANCIAL SYSTEM, IMF REFORM, AND
COMPLIANCE WITH IMF AGREEMENTS.
``(a) Reports.--Not later than October 1 of each year, the Secretary
of the Treasury shall submit to the Committee on Banking and Financial
Services of the House of Representatives and the Committee on Foreign
Relations of the Senate a written report on the progress (if any) made
by the United States Executive Director at the International Monetary
Fund in influencing the International Monetary Fund to adopt the
policies and reform its internal procedures in the manner described in
section 1503.
``(b) Testimony.--After submitting the report required by subsection
(a) but not later than March 1 of each year, the Secretary of the
Treasury shall appear before the Committee on Banking and Financial
Services of
the House of Representatives and the Committee on Foreign Relations of
the Senate and present testimony on--
``(1) any progress made in reforming the International
Monetary Fund;
``(2) the status of efforts to reform the international
financial system; and
``(3) the compliance of countries which have received
assistance from the International Monetary Fund with agreements
made as a condition of receiving the assistance.''.
Sec. 614. Title XVII of the International Financial Institutions Act
(22 U.S.C. 262r-262r-2) is further amended by adding at the end the
following:
`` <<NOTE: 22 USC 262r-5.>> SEC. 1706. AUDITS OF THE INTERNATIONAL
MONETARY FUND.
``(a) Access to Materials.--Not later than 30 days after the date of
the enactment of this section, the Secretary of the Treasury shall
certify to the Committee on Banking and Financial Services of the House
of Representatives and the Committee on Foreign Relations of the Senate
that the Secretary has instructed the United States Executive Director
at the International Monetary Fund to facilitate timely access by the
General Accounting Office to
[[Page 112 STAT. 2681-231]]
information and documents of the International Monetary Fund needed by
the Office to perform financial reviews of the International Monetary
Fund that will facilitate the conduct of United States policy with
respect to the Fund.
``(b) Reports.--Not later than June 30, 1999, and annually
thereafter, the Comptroller General of the United States shall prepare
and submit to the committees specified in subsection (a), the Committee
on Appropriations of the House of Representatives, and the Committee on
Appropriations of the Senate a report on the financial operations of the
Fund during the preceding year, which shall include--
``(1) the current financial condition of the International
Monetary Fund;
``(2) the amount, rate of interest, disbursement schedule,
and repayment schedule for any loans that were initiated or
outstanding during the preceding calendar year, and with respect
to disbursement schedules, the report shall identify and discuss
in detail any conditions required to be fulfilled by a borrower
country before a disbursement is made;
``(3) a detailed description of whether the trade policies
of borrower countries permit free and open trade by the United
States and other foreign countries in the borrower countries;
``(4) a detailed description of the export policies of
borrower countries and whether the policies may result in
increased export of their products, goods, or services to the
United States which may have significant adverse effects on, or
result in unfair trade practices against or affecting United
States companies, farmers, or communities;
``(5) a detailed description of any conditions of
International Monetary Fund loans which have not been met by
borrower countries, including a discussion of the reasons why
such conditions were not met, and the actions taken by the
International Monetary Fund due to the borrower country's
noncompliance;
``(6) an identification of any borrower country and loan on
which any loan terms or conditions were renegotiated in the
preceding calendar year, including a discussion of the reasons
for the renegotiation and any new loan terms and conditions; and
``(7) a specification of the total number of loans made by
the International Monetary Fund from its inception through the
end of the period covered by the report, the number and
percentage (by number) of such loans that are in default or
arrears, and the identity of the countries in default or
arrears, and the number of such loans that are outstanding as of
the end of period covered by the report and the aggregate amount
of the outstanding loans and the average yield (weighted by loan
principal) of the historical and outstanding loan portfolios of
the International Monetary Fund.''.
This Act may be cited as the ``Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1999''.
(e) For programs, projects or activities in the Department of the
Interior and Related Agencies Appropriations Act, 1999, provided as
follows, to be effective as if it had been enacted into law as the
regular appropriations Act:
[[Page 112 STAT. 2681-232]]
TITLE I--DEPARTMENT OF THE INTERIOR
Bureau of Land Management
For expenses necessary for protection, use, improvement,
development, disposal, cadastral surveying, classification, acquisition
of easements and other interests in lands, and performance of other
functions, including maintenance of facilities, as authorized by law, in
the management of lands and their resources under the jurisdiction of
the Bureau of Land Management, including the general administration of
the Bureau, and assessment of mineral potential of public lands pursuant
to Public Law 96-487 (16 U.S.C. 3150(a)), $619,311,000, to remain
available until expended, of which $2,082,000 shall be available for
assessment of the mineral potential of public lands in Alaska pursuant
to section 1010 of Public Law 96-487 (16 U.S.C. 3150); and of which
$3,000,000 shall be derived from the special receipt account established
by the Land and Water Conservation Act of 1965, as amended (16 U.S.C.
460l-6a(i)); and of which $1,500,000 shall be available in fiscal year
1999 subject to a match by at least an equal amount by the National Fish
and Wildlife Foundation, to such Foundation for cost-shared projects
supporting conservation of Bureau lands; in addition, $32,650,000 for
Mining Law Administration program operations, including the cost of
administering the mining claim fee program; to remain available until
expended, to be reduced by amounts collected by the Bureau and credited
to this appropriation from annual mining claim fees so as to result in a
final appropriation estimated at not more than $619,311,000, and
$2,000,000, to remain available until expended, from communication site
rental fees established by the Bureau for the cost of administering
communication site activities: Provided, That appropriations herein made
shall not be available for the destruction of healthy, unadopted, wild
horses and burros in the care of the Bureau or its contractors.
For necessary expenses for fire preparedness, suppression
operations, emergency rehabilitation; and hazardous fuels reduction by
the Department of the Interior, $286,895,000, to remain available until
expended, of which not to exceed $6,950,000 shall be for the renovation
or construction of fire facilities: Provided, That such funds are also
available for repayment of advances to other appropriation accounts from
which funds were previously transferred for such purposes: Provided
further, That unobligated balances of amounts previously appropriated to
the ``Fire Protection'' and ``Emergency Department of the Interior
Firefighting Fund'' may be transferred and merged with this
appropriation: Provided further, That persons hired pursuant to 43
U.S.C. 1469 may be furnished subsistence and lodging without cost from
funds available from this appropriation: Provided further, That
notwithstanding 42 U.S.C. 1856d, sums received by a Bureau or office of
the Department of the Interior for fire protection rendered pursuant to
42 U.S.C. 1856 et seq., Protection of United States Property, may be
credited to the appropriation from which funds were expended
[[Page 112 STAT. 2681-233]]
to provide that protection, and are available without fiscal year
limitation.
For necessary expenses of the Department of the Interior and any of
its component offices and bureaus for the remedial action, including
associated activities, of hazardous waste substances, pollutants, or
contaminants pursuant to the Comprehensive Environmental Response,
Compensation, and Liability Act, as amended (42 U.S.C. 9601 et seq.),
$10,000,000, to remain available until expended: Provided, That
notwithstanding 31 U.S.C. 3302, sums recovered from or paid by a party
in advance of or as reimbursement for remedial action or response
activities conducted by the Department pursuant to section 107 or 113(f)
of such Act, shall be credited to this account
to be available until expended without further appropriation: Provided
further, That such sums recovered from or paid by any party are not
limited to monetary payments and may include stocks, bonds or other
personal or real property, which may be retained, liquidated, or
otherwise disposed of by the Secretary and which shall be credited to
this account.
For construction of buildings, recreation facilities, roads, trails,
and appurtenant facilities, $10,997,000, to remain available until
expended.
For expenses necessary to implement the Act of October 20, 1976, as
amended (31 U.S.C. 6901-6907), $125,000,000, of which not to exceed
$400,000 shall be available for administrative expenses: Provided, That
no payment shall be made to otherwise eligible units of local government
if the computed amount of the payment is less than $100.
For expenses necessary to carry out sections 205, 206, and 318(d) of
Public Law 94-579, including administrative expenses and acquisition of
lands or waters, or interests therein, $14,600,000, to be derived from
the Land and Water Conservation Fund, to remain available until
expended.
For expenses necessary for management, protection, and development
of resources and for construction, operation, and maintenance of access
roads, reforestation, and other improvements on the revested Oregon and
California Railroad grant lands, on other Federal lands in the Oregon
and California land-grant counties of Oregon, and on adjacent rights-of-
way; and acquisition of lands or interests therein including existing
connecting roads on or adjacent to such grant lands; $97,037,000, to
remain available until expended: Provided, That 25 percent of the
aggregate of all receipts during the current fiscal year from the
revested Oregon and California Railroad grant lands is hereby made a
charge against the Oregon and California land-grant fund and shall be
transferred
[[Page 112 STAT. 2681-234]]
to the General Fund in the Treasury in accordance with the second
paragraph of subsection (b) of title II of the Act of August 28, 1937
(50 Stat. 876).
In addition to the purposes authorized in Public Law 102-381, funds
made available in the Forest Ecosystem Health and Recovery Fund can be
used for the purpose of planning, preparing, and monitoring salvage
timber sales and forest ecosystem health and recovery activities such as
release from competing vegetation and density control treatments. The
Federal share of receipts (defined as the portion of salvage timber
receipts not paid to the counties under 43 U.S.C. 1181f and 43 U.S.C.
1181f-1 et seq., and Public Law 103-66) derived from treatments funded
by this account shall be deposited into the Forest Ecosystem Health and
Recovery Fund.
For rehabilitation, protection, and acquisition of lands and
interests therein, and improvement of Federal rangelands pursuant to
section 401 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701), notwithstanding any other Act, sums equal to 50 percent of
all moneys received during the prior fiscal year under sections 3 and 15
of the Taylor Grazing Act (43 U.S.C. 315 et seq.) and the amount
designated for range improvements from grazing fees and mineral leasing
receipts from Bankhead-Jones lands transferred to the Department of the
Interior pursuant to law, but not less than $10,000,000, to remain
available until expended: Provided, That not to exceed $600,000 shall be
available for administrative expenses.
For administrative expenses and other costs related to processing
application documents and other authorizations for use and disposal of
public lands and resources, for costs of providing copies of official
public land documents, for monitoring construction, operation, and
termination of facilities in conjunction with use authorizations, and
for rehabilitation of damaged property, such amounts as may be collected
under Public Law 94-579, as amended, and Public Law 93-153, to remain
available until <<NOTE: 43 USC 1735 note. miscellaneous trust
funds>> expended: Provided, That notwithstanding any provision to the
contrary of section 305(a) of Public Law 94-579 (43 U.S.C. 1735(a)), any
moneys that have been or will be received pursuant to that section,
whether as a result of forfeiture, compromise, or settlement, if not
appropriate for refund pursuant to section 305(c) of that Act (43 U.S.C.
1735(c)), shall be available and may be expended under the authority of
this Act by the Secretary to improve, protect, or rehabilitate any
public lands administered through the Bureau of Land Management which
have been damaged by the action of a resource developer, purchaser,
permittee, or any unauthorized person, without regard to whether all
moneys collected from each such action are used on the exact lands
damaged which led to the action: Provided further, That any such moneys
that are in excess of amounts needed
[[Page 112 STAT. 2681-235]]
to repair damage to the exact land for which funds were collected may be
used to repair other damaged public lands.
In addition to amounts authorized to be expended under existing
laws, there is hereby appropriated such amounts as may be contributed
under section 307 of the Act of October 21, 1976 (43 U.S.C. 1701), and
such amounts as may be advanced for administrative costs, surveys,
appraisals, and costs of making conveyances of omitted lands under
section 211(b) of that Act, to remain available until expended.
Appropriations for the Bureau of Land Management shall be available
for purchase, erection, and dismantlement of temporary structures, and
alteration and maintenance of necessary buildings and appurtenant
facilities to which the United States has title; up to $100,000 for
payments, at the discretion of the Secretary, for information or
evidence concerning violations of laws administered by the Bureau;
miscellaneous and emergency expenses of enforcement activities
authorized or approved by the Secretary and to be accounted for solely
on his certificate, not to exceed $10,000: Provided, That
notwithstanding 44 U.S.C. 501, the Bureau may, under cooperative cost-
sharing and partnership arrangements authorized by law, procure printing
services from cooperators in connection with jointly produced
publications for which the cooperators share the cost of printing either
in cash or in services, and the Bureau determines the cooperator is
capable of meeting accepted quality standards.
Section 28f(a) of title 30, United States Code, is amended by
striking the first sentence and inserting, ``The holder of each
unpatented mining claim, mill, or tunnel site, located pursuant to the
mining laws of the United States, whether located before or after the
enactment of this Act, shall pay to the Secretary of the Interior, on or
before September 1 of each year for years 1999 through 2001, a claim
maintenance fee of $100 per claim or site.''
Section 28f(d) of title 30, United States Code, is amended by adding
the following new subsection at the end:
``(3) If a small miner waiver application is determined to
be defective for any reason, the claimant shall have a period of
60 days after receipt of written notification of the defect or
defects by the Bureau of Land Management to: (A) cure such
defect or defects, or (B) pay the $100 claim maintenance fee due
for such period.''.
Section 28g of title 30, United States Code, is amended by striking
``and before September 30, 1998'' and inserting in lieu thereof ``and
before September 30, 2001''.
United States Fish and Wildlife Service
For necessary expenses of the United States Fish and Wildlife
Service, for scientific and economic studies, conservation, management,
investigations, protection, and utilization of fishery and
[[Page 112 STAT. 2681-236]]
wildlife resources, except whales, seals, and sea lions, maintenance of
the herd of long-horned cattle on the Wichita Mountains Wildlife Refuge,
general administration, and for the performance of other authorized
functions related to such resources by direct expenditure, contracts,
grants, cooperative agreements and reimbursable agreements with public
and private entities, $661,136,000, to remain available until September
30, 2000, except as otherwise provided herein, of which $11,648,000
shall remain available until expended for operation and maintenance of
fishery mitigation facilities constructed by the Corps of Engineers
under the Lower Snake River Compensation Plan, authorized by the Water
Resources Development Act of 1976, to compensate for loss of fishery
resources from water development projects on the Lower Snake River, and
of which not less than $2,000,000 shall be provided to local governments
in southern California for planning associated with the Natural
Communities Conservation Planning (NCCP) program and shall remain
available until expended: Provided, That not less than $1,000,000 for
high priority projects which shall be carried out by the Youth
Conservation Corps as authorized by the Act of August 13, 1970, as
amended: Provided further, That not to exceed $5,756,000 shall be used
for implementing subsections (a), (b), (c), and (e) of section 4 of the
Endangered Species Act, as amended, for species that are indigenous to
the United States (except for processing petitions, developing and
issuing proposed and final regulations, and taking any other steps to
implement actions described in subsections (c)(2)(A), (c)(2)(B)(i), or
(c)(2)(B)(ii)): Provided further, That of the amount available for law
enforcement, up to $400,000 to remain available until expended, may at
the discretion of the Secretary, be used for payment for information,
rewards, or evidence concerning violations of laws administered by the
Service, and miscellaneous and emergency expenses of enforcement
activity, authorized or approved by the Secretary and to be
accounted <<NOTE: 16 USC 718k.>> for solely on his certificate: Provided
further, That hereafter, all fees collected for Federal migratory bird
permits shall be available to the Secretary, without further
appropriation, to be used for the expenses of the U.S. Fish and Wildlife
Service in administering such Federal migratory bird permits, and shall
remain available until expended: Provided further, That <<NOTE: 16 USC
746a. construction>> hereafter, pursuant to 31 U.S.C. 9701 and
notwithstanding 31 U.S.C. 3302, the Secretary shall charge reasonable
fees for the full costs of the U.S. Fish and Wildlife Service in
operating and maintaining the M/V Tiglax and other vessels, to be
credited to this account and to be available until expended: Provided
further, That of the amount provided for environmental contaminants, up
to $1,000,000 may remain available until expended for contaminant sample
analyses.
For construction and acquisition of buildings and other facilities
required in the conservation, management, investigation, protection, and
utilization of fishery and wildlife resources, and the acquisition of
lands and interests therein; $50,453,000, to remain available until
expended: Provided, That under this heading in Public Law 105-174, the
word ``fire,'' is inserted before the word ``floods''.
[[Page 112 STAT. 2681-237]]
For expenses necessary to carry out the Land and Water Conservation
Fund Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including
administrative expenses, and for acquisition of land or waters, or
interest therein, in accordance with statutory authority applicable to
the United States Fish and Wildlife Service,
$48,024,000, to be derived from the Land and Water Conservation Fund and
to remain available until expended, of which $1,000,000, together with
such other sums as may become available, is for a grant to the State of
Ohio for acquisition of the Howard Farm near Metzger Marsh in the State
of Ohio.
For expenses necessary to carry out the provisions of the Endangered
Species Act of 1973 (16 U.S.C. 1531-1543), as amended, $14,000,000, to
be derived from the Cooperative Endangered Species Conservation Fund,
and to remain available until expended.
For expenses necessary to implement the Act of October 17, 1978 (16
U.S.C. 715s), $10,779,000.
For expenses necessary to carry out the provisions of the North
American Wetlands Conservation Act, Public Law 101-233, as amended,
$15,000,000, to remain available until expended.
For necessary expenses of the Wildlife Conservation and Appreciation
Fund, $800,000, to remain available until expended.
For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201-4203, 4211-4213, 4221-4225, 4241-4245,
and 1538), the Asian Elephant Conservation Act of 1997 (Public Law 105-
96), and the Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C.
5301-5306), $2,000,000, to remain available until expended: Provided,
That unexpended balances of amounts previously appropriated to the
African Elephant Conservation Fund, Rewards and Operations account, and
Rhinoceros and Tiger Conservation Fund may be transferred to and merged
with this appropriation: Provided further, <<NOTE: 16 USC
4246. administrative provisions>> That in fiscal year 1999 and
thereafter, donations to provide assistance under section 5304 of the
Rhinoceros and Tiger Conservation Act, subchapter I of the African
Elephant Conservation Act, and section 6 of the Asian Elephant
Conservation Act of 1997 shall be deposited to this Fund and shall be
available without further appropriation: Provided further, That in
fiscal year 1999 and thereafter, all penalties received by the United
States under 16 U.S.C. 4224 which are not used to pay rewards under 16
U.S.C. 4225 shall be deposited to this Fund to provide assistance under
16 U.S.C. 4211 and shall be available without further appropriation:
Provided further, That in fiscal year 1999 and thereafter, not more than
three percent of amounts appropriated to this Fund
[[Page 112 STAT. 2681-238]]
may be used by the Secretary of the Interior to administer the Fund.
Appropriations and funds available to the United States Fish and
Wildlife Service shall be available for purchase of not to exceed 104
passenger motor vehicles, of which 89 are for replacement only
(including 38 for police-type use); repair of damage to public roads
within and adjacent to reservation areas caused by operations of the
Service; options for the purchase of land at not to exceed $1 for each
option; facilities incident to such public recreational uses on
conservation areas as are consistent with their primary purpose; and the
maintenance and improvement of aquaria, buildings, and other facilities
under the jurisdiction of the Service and to which the United States has
title, and which are used pursuant to law in connection with management
and investigation of fish and wildlife resources: Provided, That
notwithstanding 44 U.S.C. 501, the Service may, under cooperative cost
sharing and partnership arrangements authorized by law, procure printing
services from cooperators in connection with jointly produced
publications for which the cooperators share at least one-half the cost
of printing either in cash or services and the Service determines the
cooperator is capable of meeting accepted quality standards: Provided
further, That the Service may accept donated aircraft as replacements
for existing aircraft: Provided further, That notwithstanding any other
provision of law, the Secretary of the Interior may not spend any of the
funds appropriated in this Act for the purchase of lands or interests in
lands to be used in the establishment of any new unit of the National
Wildlife Refuge System unless the purchase is approved in advance by the
House and Senate Committees on Appropriations in compliance with the
reprogramming procedures contained in Senate Report 105-56: Provided
further, That hereafter the Secretary may sell land and interests in
land, other than surface water rights, acquired in conformance with
subsections 206(a) and 207(c) of Public Law 101-618, the receipts of
which shall be deposited to the Lahontan Valley and Pyramid Lake Fish
and Wildlife Fund and used exclusively for the purposes of such
subsections, without regard to the limitation on the distribution of
benefits in subsection 206(f)(2) of such law: <<NOTE: 16 USC
1374. technical corrections>> Provided further, That section
104(c)(50)(B) of the Marine Mammal Protection Act (16 U.S.C. 1361-1407)
is amended by inserting the words ``until expended'' after the word
``Secretary'' in the second sentence.
<<NOTE: 16 USC 3503 note.>> Unit SC-03--
(1) The Secretary of the Interior shall, before the end of
the 30-day period beginning on the date of the enactment of this
Act, make such corrections to the map described in paragraph (2)
as are necessary to ensure that depictions of areas on that map
are consistent with the depictions of areas appearing on the map
entitled ``Amendments to the Coastal Barrier Resources System'',
dated May 15, 1997, and on file with the Committee on Resources
of the House of Representatives.
(2) The map described in this paragraph is the map that--
[[Page 112 STAT. 2681-239]]
(A) is included in a set of maps entitled ``Coastal
Barrier Resources System'', dated October 24, 1990; and
(B) relates to unit SC-03 of the Coastal Barrier
Resources System.
Unit FL-35P--
(1) The Secretary of the Interior shall, before the end of
the 30-day period beginning on the date of the enactment of this
Act, make such corrections to the map described in paragraph (2)
as are necessary to ensure that depictions of areas on that map
are consistent with the depictions of areas appearing on the map
entitled ``Amendments to the Coastal Barrier Resources System'',
dated August 31, 1998, and on file with the Committee on
Resources of the House of Representatives.
(2) The map described in this paragraph is the map that--
(A) is included in a set of maps entitled ``Coastal
Barrier Resources System'', dated October 24, 1990; and
(B) relates to unit FL-35P of the Coastal Barrier
Resources System.
Unit FL-35--
The Secretary of the Interior shall, before the end of the
30-day period beginning on the date of the enactment of this
Act, revise the the map depicting unit FL-35 of the Coastal
Barrier Resources System to exclude Pumpkin Key from the System.
National Park Service
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the National Park
Service (including special road maintenance service to trucking
permittees on a reimbursable basis), and for the general administration
of the National Park Service, including not less than $1,000,000 for
high priority projects within the scope of the approved budget which
shall be carried out by the Youth Conservation
Corps as authorized by 16 U.S.C. 1706, $1,285,604,000, of which not less
than $600,000 is for salaries and expenses by, at, and exclusively for
new hires of mineral examiners on site at the Mojave National Preserve,
none of which may be used for staff or administrative expenses for the
geological resources division in Denver, Colorado or any other location,
and of which $12,800,000 is for research, planning and interagency
coordination in support of land acquisition for Everglades restoration
shall remain available until expended, and of which not to exceed
$10,000,000, to remain available until expended, is to be derived from
the special fee account established pursuant to title V, section 5201 of
Public Law 100-203.
For expenses necessary to carry out recreation programs, natural
programs, cultural programs, heritage partnership programs,
environmental compliance and review, international park affairs,
statutory or contractual aid for other activities, and grant
administration, not otherwise provided for, $46,225,000.
[[Page 112 STAT. 2681-240]]
For expenses necessary in carrying out the Historic Preservation Act
of 1966, as amended (16 U.S.C. 470), and the Omnibus Parks and Public
Lands Management Act of 1996 (Public Law 104-333), $72,412,000, to be
derived from the Historic Preservation Fund, to remain available until
September 30, 2000, of which $7,000,000 pursuant to section 507 of
Public Law 104-333 shall remain available until expended: Provided, That
of the total amount provided, $30,000,000 shall be for Save America's
Treasures for priority preservation projects, including preservation of
intellectual and cultural artifacts and of historic structures and
sites, of the National Archives and Records Administration and of
Federal agencies to which funds were appropriated in the Fiscal Year
1998 Interior and Related Agencies Appropriations Act: Provided further,
That individual Save America's Treasures grants shall be subject to a
fifty percent non-Federal match, and shall be available by transfer to
appropriate accounts of individual agencies, after approval of projects
by the Secretary: Provided further, That the agencies shall develop a
common list of project selection criteria for Save America's Treasures
which shall include national significance, urgency of need, and
educational value, and which shall be approved by the House and Senate
Committees on Appropriations prior to any commitment of grant funds:
Provided further, That individual projects shall only be eligible for
one grant, and all projects to be funded shall be approved by the House
and Senate Committees on Appropriations prior to any commitment of grant
funds: Provided further, That within the amount provided for Save
America's Treasures, $3,000,000 shall be transferred immediately to the
Smithsonian Institution for restoration of the Star Spangled Banner,
$500,000 shall be available for the Sewall-Belmont House and sufficient
funds to complete the restoration of the Declaration of Independence and
the U.S. Constitution located in the National Archives: Provided
further, That none of the funds provided for Save America's Treasures
may be used for administrative expenses, and staffing for the program
shall be available from the existing staffing levels in the National
Park Service.
For construction, improvements, repair or replacement of physical
facilities, including the modifications authorized by section 104 of the
Everglades National Park Protection and Expansion Act of 1989,
$226,058,000, to remain available until expended: Provided, That
$550,000 for the Susan B. Anthony House, $1,000,000 for the Virginia
City Historic District, $2,000,000 for the Field Museum, $500,000 for
the Hecksher Museum, $600,000 for the Sotterly Plantation House,
$1,500,000 for the Kendall County Courthouse, $1,000,000 for the U-505,
and $600,000 for the Wheeling National Heritage Area shall be derived
from the Historic Preservation Fund pursuant to 16 U.S.C. 470a.
The contract authority provided for fiscal year 1999 by <<NOTE: 16
USC 460l-10a note. land acquisition and state assistance>> 16 U.S.C.
460l-10a is rescinded.
[[Page 112 STAT. 2681-241]]
For expenses necessary to carry out the Land and Water Conservation
Fund Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including
administrative expenses, and for acquisition of lands or waters, or
interest therein, in accordance with statutory authority applicable to
the National Park Service, $147,925,000, to be derived from the Land and
Water Conservation Fund, to remain available until expended, of which
$500,000 is to administer the State assistance program: Provided, That
any funds made available for the purpose of acquisition of the Elwha and
Glines dams shall be used solely for acquisition, and shall not be
expended until the full purchase amount has been appropriated by the
Congress: Provided further, That the Secretary may acquire interests in
the property known as George Washington's Boyhood Home, Ferry Farm, from
the funds provided under this heading without regard to any restrictions
of the Land and Water Conservation Fund Act of 1965: Provided further,
That from the funds made available for land acquisition at Everglades
National Park and Big Cypress National Preserve, the Secretary may
provide for Federal assistance to the State of Florida for the
acquisition of lands or waters, or interests therein, within the
Everglades watershed (consisting of lands and waters within the
boundaries of the South Florida Water Management District, Florida Bay
and the Florida Keys) under terms and conditions deemed necessary by the
Secretary, to improve and restore the hydrological function of the
Everglades watershed: Provided further, That funds provided under this
heading to the State of Florida are contingent upon new matching non-
Federal funds by the State and shall be subject to an agreement that the
lands to be acquired will be managed in perpetuity for the restoration
of the Everglades.
Appropriations for the National Park Service shall be available for
the purchase of not to exceed 375 passenger motor vehicles, of which 291
shall be for replacement only, including not to exceed 305 for police-
type use, 12 buses, and 6 ambulances: Provided, That none of the funds
appropriated to the National Park Service may be used to process any
grant or contract documents which do not include the text of 18 U.S.C.
1913: Provided further, That none of the funds appropriated to the
National Park Service may be used to implement an agreement for the
redevelopment of the southern end of Ellis Island until such agreement
has been submitted to the Congress and shall not be implemented prior to
the expiration of 30 calendar days (not including any day in which
either House of Congress is not in session because of adjournment of
more than three calendar days to a day certain) from the receipt by the
Speaker of the House of Representatives and the President of the Senate
of a full and comprehensive report on the development of the southern
end of Ellis Island, including the facts and circumstances relied upon
in support of the proposed project.
None of the funds in this Act may be spent by the National Park
Service for activities taken in direct response to the United Nations
Biodiversity Convention.
The National Park Service may distribute to operating units based on
the safety record of each unit the costs of programs designed to improve
workplace and employee safety, and to
[[Page 112 STAT. 2681-242]]
encourage employees receiving workers' compensation benefits pursuant to
chapter 81 of title 5, United States Code, to return to appropriate
positions for which they are medically able.
United States Geological Survey
For expenses necessary for the United States Geological Survey to
perform surveys, investigations, and research covering topography,
geology, hydrology, and the mineral and water resources of the United
States, its territories and possessions, and other areas as authorized
by 43 U.S.C. 31, 1332, and 1340; classify lands as to their mineral and
water resources; give engineering supervision to power permittees and
Federal Energy Regulatory Commission licensees; administer the minerals
exploration program (30 U.S.C. 641); and publish and disseminate data
relative to the foregoing activities; and to conduct inquiries into the
economic conditions affecting mining and materials processing industries
(30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and related purposes as
authorized by law and to publish and disseminate data; $797,896,000, of
which $69,596,000 shall be available only for cooperation with States or
municipalities for water resources investigations; and of which
$16,400,000 shall remain available until expended for conducting
inquiries into the economic conditions affecting mining and materials
processing industries; and of which $2,000,000 shall remain available
until expended for ongoing development of a mineral and geologic data
base; and of which $161,221,000 shall be available until September 30,
2000 for the biological research activity and the operation of the
Cooperative Research Units: Provided, That of the funds available for
the biological research activity, $6,600,000 shall be made available by
grant to the University of Alaska for conduct of, directly or through
subgrants, basic marine research activities in the North Pacific Ocean
pursuant to a plan approved by the Department of Commerce, the
Department of the Interior, and the State of Alaska: Provided further,
That none of these funds provided for the biological research activity
shall be used to conduct new surveys on private property, unless
specifically authorized in writing by the property owner: Provided
further, <<NOTE: 43 USC 50. administrative provisions>> That no part of
this appropriation shall be used to pay more than one-half the cost of
topographic mapping or water resources data collection and
investigations carried on in cooperation with States and municipalities.
The amount appropriated for the United States Geological Survey
shall be available for the purchase of not to exceed 53 passenger motor
vehicles, of which 48 are for replacement only; reimbursement to the
General Services Administration for security guard services; contracting
for the furnishing of topographic maps and for the making of geophysical
or other specialized surveys when it is administratively determined that
such procedures are in the public interest; construction and maintenance
of necessary buildings and appurtenant facilities; acquisition of lands
for gauging stations and observation wells; expenses of the United
States National Committee on Geology; and payment of compensation and
expenses of persons on the rolls of the Survey duly appointed to
represent
[[Page 112 STAT. 2681-243]]
the United States in the negotiation and administration of interstate
compacts: Provided, That activities funded by appropriations herein made
may be accomplished through the use of contracts, grants, or cooperative
agreements as defined in 31 U.S.C. 6302 et seq.: Provided further, That
the United States Geological Survey may contract directly with
individuals or indirectly with institutions or nonprofit organizations,
without regard to 41 U.S.C. 5, for the
temporary or intermittent services of students or recent graduates, who
shall be considered employees for the purposes of chapters 57 and 81 of
title 5, United States Code, relating to compensation for travel and
work injuries, and chapter 171 of title 28, United States Code, relating
to tort claims, but shall not be considered to be Federal employees for
any other purposes.
Minerals Management Service
For expenses necessary for minerals leasing and environmental
studies, regulation of industry operations, and collection of royalties,
as authorized by law; for enforcing laws and regulations applicable to
oil, gas, and other minerals leases, permits, licenses and operating
contracts; and for matching grants or cooperative agreements; including
the purchase of not to exceed eight passenger motor vehicles for
replacement only; $117,902,000, of which $72,729,000 shall be available
for royalty management activities; and an amount not to exceed
$100,000,000, to be credited to this appropriation and to remain
available until expended, from additions to receipts resulting from
increases to rates in effect on August 5, 1993, from rate increases to
fee collections for Outer Continental Shelf administrative activities
performed by the Minerals Management Service over and above the rates in
effect on September 30, 1993, and from additional fees for Outer
Continental Shelf administrative activities established after September
30, 1993: Provided, That $3,000,000 for computer acquisitions shall
remain available until September 30, 2000: Provided further, That funds
appropriated under this Act shall be available for the payment of
interest in accordance with 30 U.S.C. 1721(b) and (d): Provided further,
That not to exceed $3,000 shall be available for reasonable expenses
related to promoting volunteer beach and marine cleanup activities:
Provided further, That notwithstanding any other provision of law,
$15,000 under this heading shall be available for refunds of
overpayments in connection with certain Indian leases in which the
Director of the Minerals Management Service concurred with the claimed
refund due, to pay amounts owed to Indian allottees or Tribes, or to
correct prior unrecoverable erroneous payments.
For necessary expenses to carry out title I, section 1016, title IV,
sections 4202 and 4303, title VII, and title VIII, section 8201 of the
Oil Pollution Act of 1990, $6,118,000, which shall be derived from the
Oil Spill Liability Trust Fund, to remain available until expended.
[[Page 112 STAT. 2681-244]]
Office of Surface Mining Reclamation and Enforcement
For necessary expenses to carry out the provisions of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87, as
amended, including the purchase of not to exceed 10 passenger motor
vehicles, for replacement only; $93,078,000, and notwithstanding 31
U.S.C. <<NOTE: 30 USC 1302 note.>> 3302, an additional amount shall be
credited to this account, to remain available until expended, from
performance bond forfeitures in fiscal year 1999 and thereafter:
Provided, That the Secretary of the Interior, pursuant to regulations,
may use directly or through grants to States, moneys collected in fiscal
year 1999 for civil penalties assessed under section 518 of the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1268), to reclaim
lands adversely affected by coal mining practices after August 3, 1977,
to remain available until expended: Provided further, That
appropriations for the Office of <<NOTE: 30 USC 1211 note.>> Surface
Mining Reclamation and Enforcement may provide for the travel and per
diem expenses of State and tribal personnel attending Office of Surface
Mining Reclamation and Enforcement sponsored training: Provided further,
That beginning in fiscal year 1999 and <<NOTE: 30 USC 1302
note.>> thereafter, cost-based fees for the products of the Mine Map
Repository shall be established (and revised as needed) in Federal
Register Notices, and shall be collected and credited to this account,
to be available until expended for the costs of administering this
program.
For necessary expenses to carry out title IV of the Surface Mining
Control and Reclamation Act of 1977, Public Law 95-87, as amended,
including the purchase of not more than 10 passenger motor vehicles for
replacement only, $185,416,000, to be derived from receipts of the
Abandoned Mine Reclamation Fund and to remain available until expended;
of which up to $7,000,000, to be derived from the cumulative balance of
interest earned to date on the Fund, shall be for supplemental grants to
States for the reclamation of abandoned sites with acid mine rock
drainage from coal mines, and for associated activities, through the
Appalachian Clean Streams Initiative: Provided, That grants to minimum
program States will be $1,500,000 per State in fiscal year 1999:
Provided further, That of the funds herein provided up to $18,000,000
may be used for the emergency program authorized by section 410 of
Public Law 95-87, as amended, of which no more than 25 percent shall be
used for emergency reclamation projects in any one State and funds for
federally administered emergency reclamation projects under this proviso
shall not exceed $11,000,000: Provided further, That prior year
unobligated funds appropriated for the emergency reclamation program
shall not be subject to the 25 percent limitation per State and may be
used without fiscal year limitation for emergency projects: Provided
further, That pursuant to Public Law 97-365, the Department of the
Interior is authorized to use up to 20 percent from the recovery of the
delinquent debt owed to the United States Government to pay for
contracts to collect these debts: Provided further, That funds made
available to States under title IV of Public Law 95-87 may be used, at
their discretion, for any required non-Federal share of the cost of
projects funded by the Federal Government
[[Page 112 STAT. 2681-245]]
for the purpose of environmental restoration related to treatment or
abatement of acid mine drainage from abandoned mines: Provided further,
That such projects must be consistent with the purposes and priorities
of the Surface Mining Control and Reclamation Act: Provided further,
That the State of Maryland may set aside the greater of $1,000,000 or 10
percent of the total of the grants made available to the State under
title IV of the Surface Mining Control and Reclamation Act of 1977, as
amended (30 U.S.C. 1231 et seq.), if the amount set aside is deposited
in an acid mine drainage abatement and treatment fund established under
a State law, pursuant to which law the amount (together with all
interest earned on the amount) is expended by the State to undertake
acid mine drainage abatement and treatment projects, except that before
any amounts greater than 10 percent of its title IV grants are deposited
in an acid mine drainage abatement and treatment fund, the State of
Maryland must first complete all Surface Mining Control and Reclamation
Act priority one projects: <<NOTE: 30 USC 1231 note.>> Provided
further,That hereafter, donations received to support projects under the
Appalachian Clean Streams Initiative and under the Western Mine Lands
Restoration Partnerships Initiative, pursuant to 30 U.S.C. 1231, shall
be credited to this account and remain available until expended without
further appropriation for projects sponsored under these initiatives,
directly through agreements with other Federal agencies, or through
grants to States, and funding to local governments, or tax exempt
private entities.
Bureau of Indian Affairs
For expenses necessary for the operation of Indian programs, as
authorized by law, including the Snyder Act of November 2, 1921 (25
U.S.C. 13), the Indian Self-Determination and Education Assistance Act
of 1975 (25 U.S.C. 450 et seq.), as amended, the Education Amendments of
1978 (25 U.S.C. 2001-2019), and the Tribally Controlled Schools Act of
1988 (25 U.S.C. 2501 et seq.), as amended, $1,584,124,000, to remain
available until September 30, 2000 except as otherwise provided herein,
of which not to exceed $94,010,000 shall be for welfare assistance
payments and notwithstanding any other provision of law, including but
not limited to the Indian Self-Determination Act of 1975, as amended,
not to exceed $114,871,000 shall be available for payments to tribes and
tribal organizations for contract support costs associated with ongoing
contracts, grants, compacts, or annual funding agreements entered into
with the Bureau prior to or during fiscal year 1999, as authorized by
such Act, except that tribes and tribal organizations may use their
tribal priority allocations for unmet indirect costs of ongoing
contracts, grants, or compacts, or annual funding agreements and for
unmet welfare assistance costs, and of which not to exceed $387,365,000
for school operations costs of Bureau-funded schools and other education
programs shall become available on July 1, 1999, and shall remain
available until September 30, 2000; and of which not to exceed
$52,889,000 shall remain available until expended for housing
improvement, road maintenance, attorney fees, litigation support, self-
governance grants, the Indian Self-Determination Fund, land records
improvement, the Navajo-Hopi Settlement Program: Provided, That
notwithstanding any other provision of law, including but not limited to
the Indian
[[Page 112 STAT. 2681-246]]
Self-Determination Act of 1975, as amended, and 25 U.S.C. 2008, not to
exceed $42,160,000 within and only from such amounts made available for
school operations shall be available to tribes and tribal organizations
for administrative cost grants associated with the operation
of <<NOTE: 25 USC 450j note.>> Bureau-funded schools: Provided further,
That hereafter funds made available to tribes and tribal organizations
through contracts, compact agreements, or grants, as authorized by the
Indian Self-Determination Act of 1975 or grants authorized by the Indian
Education Amendments of 1988 (25 U.S.C. 2001 and 2008A) shall remain
available until expended by the contractor or grantee: Provided further,
That hereafter, to provide funding uniformity within a Self-Governance
Compact, any funds provided in this Act with availability for more than
two years may be reprogrammed to two year availability but shall remain
available within the Compact until expended: Provided
further, <<NOTE: 25 USC 13d-3.>> That hereafter notwithstanding any
other provision of law, Indian tribal governments may, by appropriate
changes in eligibility criteria or by other means, change eligibility
for general assistance or change the amount of general assistance
payments for individuals within the service area of such tribe who are
otherwise deemed eligible for general assistance payments so long as
such changes are applied in a consistent manner to individuals similarly
situated and, that any savings realized by such changes shall be
available for use in meeting other priorities of the tribes and, that
any net increase in costs to the Federal Government which result solely
from tribally increased payment levels for general assistance shall be
met exclusively from funds available to the tribe from within its tribal
priority allocation: Provided further, That any forestry funds allocated
to a tribe which remain unobligated as of September 30, 2000, may be
transferred during fiscal year 2001 to an Indian forest land assistance
account established for the benefit of such tribe within the tribe's
trust fund account: Provided further, That any such unobligated balances
not so transferred shall expire on September 30, 2001: Provided further,
That hereafter tribes <<NOTE: 25 USC 2005 note. construction>> may use
tribal priority allocations funds for the replacement and repair of
school facilities in compliance with 25 U.S.C. 2005(a), so long as such
replacement or repair is approved by the Secretary and completed with
non-Federal tribal and/or tribal priority allocation funds: Provided
further, That the sixth proviso under Operation of Indian Programs in
Public Law 102-154, for the fiscal year ending September 30, 1992 (105
Stat. 1004), is hereby amended to read as follows: ``Provided further,
That until such time as legislation is enacted to the contrary, no funds
shall be used to take land into trust within the boundaries of the
original Cherokee territory in Oklahoma without consultation with the
Cherokee Nation:''.
For construction, repair, improvement, and maintenance of irrigation
and power systems, buildings, utilities, and other facilities, including
architectural and engineering services by contract; acquisition of
lands, and interests in lands; and preparation of lands for farming, and
for construction of the Navajo Indian Irrigation Project pursuant to
Public Law 87-483, $123,421,000, to remain available until expended:
Provided, That such amounts as may be available for the construction of
the Navajo Indian Irrigation Project may be transferred to the Bureau of
Reclamation: Provided
[[Page 112 STAT. 2681-247]]
further, That not to exceed 6 percent of contract authority available to
the Bureau of Indian Affairs from the Federal Highway Trust Fund may be
used to cover the road program management costs of the Bureau: Provided
further, That any funds provided for the Safety of Dams program pursuant
to 25 U.S.C. 13 shall be made available on a nonreimbursable basis:
Provided further, That for fiscal year 1999, in implementing new
construction or facilities improvement and repair project grants in
excess of $100,000 that are provided to tribally controlled grant
schools under Public Law 100-297, as amended, the Secretary of the
Interior shall use the Administrative and Audit Requirements and Cost
Principles for Assistance Programs contained in 43 CFR part 12 as the
regulatory requirements: Provided further, That such grants shall not be
subject to section 12.61 of 43 CFR; the Secretary and the grantee shall
negotiate and determine a schedule of payments for the work to be
performed: Provided further, That in considering applications, the
Secretary shall consider whether the Indian tribe or tribal organization
would be deficient in assuring that the construction projects conform to
applicable building standards and codes and Federal, tribal, or State
health and safety standards as required by 25 U.S.C. 2005(a), with
respect to organizational and financial management capabilities:
Provided further, That if the Secretary declines an application, the
Secretary shall follow the requirements contained in 25 U.S.C. 2505(f):
Provided further, That any disputes between the Secretary and any
grantee concerning a grant shall be subject to the disputes provision in
25 U.S.C. 2508(e): Provided further, That funds appropriated in Public
Law 105-18, making emergency supplemental appropriations for the Bureau
of Indian Affairs for the repair of irrigation projects damaged in the
severe winter conditions and ensuing flooding, are available on a
nonreimbursable basis.
For miscellaneous payments to Indian tribes and individuals and for
necessary administrative expenses, $28,882,000, to remain available
until expended; of which $27,530,000 shall be available for
implementation of enacted Indian land and water claim settlements
pursuant to Public Laws 101-618 and 102-575, and for implementation of
other enacted water rights settlements; and of which $1,352,000 shall be
available pursuant to Public Laws 99-264, 100-383, 103-402, and 100-580:
Provided, That in fiscal year 1999 and thereafter, the Secretary is
directed to sell land and interests in land, other than surface water
rights, acquired in conformance with section 2 of the Truckee River
Water Quality Settlement Agreement, the receipts of which shall be
deposited to the Lahontan Valley and Pyramid Lake Fish and Wildlife
Fund, and be available for the purposes of section 2 of such agreement,
without regard to the limitation on the distribution of benefits in the
second sentence of paragraph 206(f)(2) of Public Law 101-618.
For the cost of guaranteed loans, $4,501,000, as authorized by the
Indian Financing Act of 1974, as amended: Provided, That such costs,
including the cost of modifying such loans, shall be
[[Page 112 STAT. 2681-248]]
as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That these funds are
available to subsidize total loan principal, any part of which is to be
guaranteed, not to exceed $59,681,698.
In addition, for administrative expenses to carry out the guaranteed
loan programs, $500,000.
For implementation of a pilot program for consolidation of
fractional interests in Indian lands by direct expenditure or
cooperative agreement, $5,000,000 to remain available until expended, of
which not to exceed $250,000 shall be available for administrative
expenses: Provided, That the Secretary may enter into a cooperative
agreement, which shall not be subject to Public Law 93-638, as amended,
with a tribe having jurisdiction over the pilot reservation to implement
the program to acquire fractional interests on behalf of such tribe:
Provided further, That the Secretary may develop a reservation-wide
system for establishing the fair market value of various types of lands
and improvements to govern the amounts offered for acquisition of
fractional interests: Provided further, That acquisitions shall be
limited to one or more pilot reservations as determined by the
Secretary: Provided further, That funds shall be available for
acquisition of fractional interests in trust or restricted lands with
the consent of its owners and at fair market value, and the Secretary
shall hold in trust for such tribe all interests acquired pursuant to
this pilot program: Provided further, That all proceeds from any lease,
resource sale contract, right-of-way or other transaction derived from
the fractional interest shall be credited to this appropriation, and
remain available until expended, until the purchase price paid by the
Secretary under this appropriation has been recovered from such
proceeds: Provided further, That once the purchase price has been
recovered, all subsequent proceeds shall be managed by the Secretary for
the benefit of the applicable tribe or paid directly to the tribe.
The Bureau of Indian Affairs may carry out the operation of Indian
programs by direct expenditure, contracts, cooperative agreements,
compacts and grants, either directly or in cooperation with States and
other organizations.
Appropriations for the Bureau of Indian Affairs (except the
revolving fund for loans, the Indian loan guarantee and insurance fund,
and the Indian Guaranteed Loan Program account) shall be available for
expenses of exhibits, and purchase of not to exceed 229 passenger motor
vehicles, of which not to exceed 187 shall be for replacement only.
Notwithstanding any other provision of law, no funds available to
the Bureau of Indian Affairs for central office operations or pooled
overhead general administration (except facilities operations and
maintenance) shall be available for tribal contracts, grants, compacts,
or cooperative agreements with the Bureau of Indian Affairs under the
provisions of the Indian Self-Determination Act or the Tribal Self-
Governance Act of 1994 (Public Law 103-413).
Notwithstanding any other provision of law, no funds available to
the Bureau, other than the amounts provided herein for assistance to
public schools under 25 U.S.C. 452 et seq., shall be available
[[Page 112 STAT. 2681-249]]
to support the operation of any elementary or secondary school in the
State of Alaska.
Appropriations made available in this or any other Act for schools
funded by the Bureau shall be available only to the schools in the
Bureau school system as of September 1, 1996. No funds available to the
Bureau shall be used to support expanded grades for any school or
dormitory beyond the grade structure in place or approved by the
Secretary of the Interior at each school in the Bureau school system as
of October 1, 1995.
Departmental Offices
Insular Affairs
For expenses necessary for assistance to territories under the
jurisdiction of the Department of the Interior, $66,175,000, of which:
(1) $62,326,000 shall be available until expended for technical
assistance, including maintenance assistance, disaster assistance,
insular management controls, and brown tree snake control and research;
grants to the judiciary in American Samoa for compensation and expenses,
as authorized by law (48 U.S.C. 1661(c)); grants to the Government of
American Samoa, in addition to current local revenues, for construction
and support of governmental functions; grants to the Government of the
Virgin Islands as authorized by law; grants to the Government of Guam,
as authorized by law; and grants to the Government of the Northern
Mariana Islands as authorized by law (Public Law 94-241; 90 Stat. 272);
and (2) $3,849,000 shall be available for salaries and expenses of the
Office of Insular Affairs: Provided, <<NOTE: 48 USC 1469b. compact of
free association>> That all financial transactions of the territorial
and local governments herein provided for, including such transactions
of all agencies or instrumentalities established or used by such
governments, may be audited by the General Accounting Office, at its
discretion, in accordance with chapter 35 of title 31, United States
Code: Provided further, That Northern Mariana Islands Covenant grant
funding shall be provided according to those terms of the Agreement of
the Special Representatives on Future United States Financial Assistance
for the Northern Mariana Islands approved by Public Law 99-396, or any
subsequent legislation related to Commonwealth of the Northern Mariana
Islands grant funding: Provided further, That of the Covenant grant
funding for the Government of the Northern Mariana Islands $5,000,000
shall be used for the construction of prison facilities and $500,000
shall be used for construction and equipping of a crime laboratory
unless the Secretary determines that acceptable alternative financing
for these projects is already in place: Provided further, That of the
amounts provided for technical assistance, sufficient funding shall be
made available for a grant to the Close Up Foundation: Provided further,
That the funds for the program of operations and maintenance improvement
are appropriated to institutionalize routine operations and maintenance
improvement of capital infrastructure in American Samoa, Guam, the
Virgin Islands, the Commonwealth of the Northern Mariana Islands, the
Republic of Palau, the Republic of the Marshall Islands, and the
Federated States of Micronesia through assessments of long-range
operations maintenance needs, improved capability of local operations
and maintenance institutions and agencies (including
[[Page 112 STAT. 2681-250]]
management and vocational education training), and project-specific
maintenance (with territorial participation and cost sharing to be
determined by the Secretary based on the individual territory's
commitment to timely maintenance of its capital assets): Provided
further, That any appropriation for disaster assistance under this
heading in this Act or previous appropriations Acts may be used as non-
Federal matching funds for the purpose of hazard mitigation grants
provided pursuant to section 404 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170c).
For economic assistance and necessary expenses for the Federated
States of Micronesia and the Republic of the Marshall Islands as
provided for in sections 122, 221, 223, 232, and 233 of the Compact of
Free Association, and for economic assistance and necessary expenses for
the Republic of Palau as provided for in sections 122, 221, 223, 232,
and 233 of the Compact of Free Association, $20,930,000, to remain
available until expended, as authorized by Public Law 99-239 and Public
Law 99-658.
Departmental Management
For necessary expenses for management of the Department of the
Interior, $64,686,000, of which not to exceed $8,500 may be for official
reception and representation expenses, of which not to exceed $5,000,000
shall be available for payments pursuant to section 123 of this Act and
up to $1,000,000 shall be available for workers compensation payments
and unemployment compensation payments associated with the orderly
closure of the United States Bureau of Mines.
Office of the Solicitor
For necessary expenses of the Office of the Solicitor, $36,784,000.
Office of Inspector General
For necessary expenses of the Office of Inspector General,
$25,486,000.
Office of Special Trustee for American Indians
For operation of trust programs for Indians by direct expenditure,
contracts, cooperative agreements, compacts, and grants, $39,499,000, to
remain available until expended: Provided, That funds for trust
management improvements may be transferred to the Bureau of Indian
Affairs: Provided further, That funds made available to Tribes and
Tribal organizations through contracts or grants obligated during fiscal
year 1999, as authorized by the
[[Page 112 STAT. 2681-251]]
Indian Self-Determination Act of 1975 (25 U.S.C. 450 et seq.), shall
remain available until expended by the contractor or grantee: Provided
further, That notwithstanding any other provision of law, the statute of
limitations shall not commence to run on any claim, including any claim
in litigation pending on the date of the enactment of this Act,
concerning losses to or mismanagement of trust funds, until the affected
tribe or individual Indian has been furnished with an accounting of such
funds from which the beneficiary can determine whether there has been a
loss: <<NOTE: 25 USC 4011 note.>> Provided further, That notwithstanding
any other provision of law, the Secretary shall not be required to
provide a quarterly statement of performance for any Indian trust
account that has not had activity for at least eighteen months and has a
balance of $1.00 or less: Provided further, That the Secretary shall
issue an annual account statement and maintain a record of any such
accounts and shall permit the balance in each such account to be
withdrawn upon the express written request of the accountholder.
Natural Resource Damage Assessment and Restoration
To conduct natural resource damage assessment activities by the
Department of the Interior necessary to carry out the provisions of the
Comprehensive Environmental Response, Compensation, and Liability Act,
as amended (42 U.S.C. 9601 et seq.), Federal Water Pollution Control
Act, as amended (33 U.S.C. 1251 et seq.), the Oil Pollution Act of 1990
(Public Law 101-380), and Public Law 101-337; $4,492,000, to remain
available until expended: Provided, That unobligated and unexpended
balances in the United States Fish and Wildlife Service, Natural
Resource Damage Assessment Fund account at the end of fiscal year 1998
shall be transferred to and made a part of the Departmental Offices,
Natural Resource Damage Assessment and Restoration, Natural Resource
Damage Assessment Fund account and shall remain available until
expended.
For necessary expenses of bureaus and offices of the Department of
the Interior to manage federal lands in Alaska for subsistence uses
under the provisions of Title VIII of the Alaska National Interest Lands
Conservation Act (Public Law 96-487 et seq.) except in areas described
in section 339(a)(1)(A) and (B) of this Act, $8,000,000 to become
available on September 30, 1999, and remain available until expended:
Provided, That if prior to October 1, 1999, the Secretary of the
Interior determines that the Alaska State Legislature has approved a
bill or resolution to amend the Constitution of the State of Alaska
that, if approved by the electorate, would enable the implementation of
state laws of general applicability which are consistent with, and which
provide for the definition, preference and participation specified in
sections 803, 804, and 805 of the Alaska National Interest Lands
Conservation Act, the Secretary of the Interior shall make an $8,000,000
grant to the State of Alaska for the purpose of assisting that State in
fulfilling its responsibilities under sections 803, 804, and 805
[[Page 112 STAT. 2681-252]]
of that Act: Provided further, That if, on June 1, 1999, the Secretary
is unable to make a determination that the Alaska State Legislature has
approved a bill or resolution to amend the Constitution of the State of
Alaska that, if approved by the electorate, would enable the
implementation of state laws of general applicability which are
consistent with and which provide for the definition, preference and
participation specified in sections 803, 804, and 805 of the Alaska
National Interest Lands Conservation Act, $1,000,000 of these funds
shall become available on June 1, 1999, and shall remain available until
expended (with expended amounts to be subtracted from the amount that
could be granted to the State), for the Secretary to conduct data
gathering and research on subsistence uses, and formulate plans for
operational aspects and in-season management, but not to implement and
enforce subsistence use management beyond those public lands which as of
October 1, 1998, were subject to federal management for subsistence uses
pursuant to Title VIII of the Alaska National Interest Lands
Conservation Act.
Administrative Provisions
There is hereby authorized for acquisition from available
resources within the Working Capital Fund, 15 aircraft, 10 of which
shall be for replacement and which may be obtained by donation, purchase
or through available excess surplus property: Provided, That
notwithstanding any other provision of law, existing aircraft being
replaced may be sold, with proceeds derived or trade-in value used to
offset the purchase price for the replacement aircraft: Provided
further, That no programs funded with appropriated funds in the
``Departmental Management'', ``Office of the Solicitor'', and ``Office
of Inspector General'' may be augmented through the Working Capital Fund
or the Consolidated Working Fund.
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
Sec. 101. Appropriations made in this title shall be available for
expenditure or transfer (within each bureau or office), with the
approval of the Secretary, for the emergency reconstruction,
replacement, or repair of aircraft, buildings, utilities, or other
facilities or equipment damaged or destroyed by fire, flood, storm, or
other unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made available
to the Department of the Interior for emergencies shall have been
exhausted: Provided further, That all funds used pursuant to this
section are hereby designated by Congress to be ``emergency
requirements'' pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985, and must be replenished by a
supplemental appropriation which must be requested as promptly as
possible.
Sec. 102. The Secretary may authorize the expenditure or transfer of
any no year appropriation in this title, in addition to the amounts
included in the budget programs of the several agencies, for the
suppression or emergency prevention of forest or range fires on or
threatening lands under the jurisdiction of the Department of the
Interior; for the emergency rehabilitation of burned-over lands under
its jurisdiction; for emergency actions related to potential or actual
earthquakes, floods, volcanoes, storms, or other unavoidable causes; for
contingency planning subsequent
[[Page 112 STAT. 2681-253]]
to actual oil spills; for response and natural resource damage
assessment activities related to actual oil spills; for the prevention,
suppression, and control of actual or potential grasshopper and Mormon
cricket outbreaks on lands under the jurisdiction of the Secretary,
pursuant to the authority in section 1773(b) of Public Law 99-198 (99
Stat. 1658); for emergency reclamation projects under section 410 of
Public Law 95-87; and shall transfer, from any no year funds available
to the Office of Surface Mining Reclamation and Enforcement, such funds
as may be necessary to permit assumption of regulatory authority in the
event a primacy State is not carrying out the regulatory provisions of
the Surface Mining Act: Provided, That appropriations made in this title
for fire suppression purposes shall be available for the payment of
obligations incurred during the preceding fiscal year, and for
reimbursement to other Federal agencies for destruction of vehicles,
aircraft, or other equipment in connection with their use for fire
suppression purposes, such reimbursement to be credited to
appropriations currently available at the time of receipt thereof:
Provided further, That for emergency rehabilitation and wildfire
suppression activities, no funds shall be made available under this
authority until funds appropriated to ``Wildland Fire Management'' shall
have been exhausted: Provided further, That all funds used pursuant to
this section are hereby designated by Congress to be ``emergency
requirements'' pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985, and must be replenished by a
supplemental appropriation which must be requested as promptly as
possible: Provided further, That such replenishment funds shall be used
to reimburse, on a pro rata basis, accounts from which emergency funds
were transferred.
Sec. 103. Appropriations made in this title shall be available for
operation of warehouses, garages, shops, and similar facilities,
wherever consolidation of activities will contribute to efficiency or
economy, and said appropriations shall be reimbursed for services
rendered to any other activity in the same manner as authorized by
sections 1535 and 1536 of title 31, United States Code: Provided, That
reimbursements for costs and supplies, materials, equipment, and for
services rendered may be credited to the appropriation current at the
time such reimbursements are received.
Sec. 104. Appropriations made to the Department of the Interior in
this title shall be available for services as authorized by 5 U.S.C.
3109, when authorized by the Secretary, in total amount not to exceed
$500,000; hire, maintenance, and operation of aircraft; hire of
passenger motor vehicles; purchase of reprints; payment for telephone
service in private residences in the field, when authorized under
regulations approved by the Secretary; and the payment of dues, when
authorized by the Secretary, for library membership in societies or
associations which issue publications to members only or at a price to
members lower than to subscribers who are not members.
Sec. 105. Appropriations available to the Department of the Interior
for salaries and expenses shall be available for uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901-5902 and D.C. Code 4-204).
Sec. 106. Appropriations made in this title shall be available for
obligation in connection with contracts issued for services or rentals
for periods not in excess of twelve months beginning at any time during
the fiscal year.
[[Page 112 STAT. 2681-254]]
Sec. 107. No funds provided in this title may be expended by the
Department of the Interior for the conduct of offshore leasing and
related activities placed under restriction in the President's
moratorium statement of June 26, 1990, in the areas of northern,
central, and southern California; the North Atlantic; Washington and
Oregon; and the eastern Gulf of Mexico south of 26 degrees north
latitude and east of 86 degrees west longitude.
Sec. 108. No funds provided in this title may be expended by the
Department of the Interior for the conduct of offshore oil and natural
gas preleasing, leasing, and related activities, on lands within the
North Aleutian Basin planning area.
Sec. 109. No funds provided in this title may be expended by the
Department of the Interior to conduct offshore oil and natural gas
preleasing, leasing and related activities in the eastern Gulf of Mexico
planning area for any lands located outside Sale 181, as identified in
the final Outer Continental Shelf 5-Year Oil and Gas Leasing Program,
1997-2002.
Sec. 110. No funds provided in this title may be expended by the
Department of the Interior to conduct oil and natural gas preleasing,
leasing and related activities in the Mid-Atlantic and South Atlantic
planning areas.
Sec. 111. Advance payments made under this title to Indian tribes,
tribal organizations, and tribal consortia pursuant to the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et seq.) or
the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.) may
be invested by the Indian tribe, tribal organization, or consortium
before such funds are expended for the purposes of the grant, compact,
or annual funding agreement so long as such funds are--
(1) invested by the Indian tribe, tribal organization, or
consortium only in obligations of the United States, or in
obligations or securities that are guaranteed or insured by the
United States, or mutual (or other) funds registered with the
Securities and Exchange Commission and which only invest in
obligations of the United States or securities that are
guaranteed or insured by the United States; or
(2) deposited only into accounts that are insured by an
agency or instrumentality of the United States, or are fully
collateralized to ensure protection of the Funds, even in the
event of a bank failure.
Sec. 112. <<NOTE: 50 USC 167 note.>> (a) Employees of Helium
Operations, Bureau of Land Management, entitled to severance pay under 5
U.S.C. 5595, may apply for, and the Secretary of the Interior may pay,
the total amount of the severance pay to the employee in a lump sum.
Employees paid severance pay in a lump sum and subsequently reemployed
by the Federal Government shall be subject to the repayment provisions
of 5 U.S.C. 5595(i)(2) and (3), except that any repayment shall be made
to the Helium Fund.
(b) Helium Operations employees who elect to continue health
benefits after separation shall be liable for not more than the required
employee contribution under 5 U.S.C. 8905a(d)(1)(A). The Helium Fund
shall pay for 18 months the remaining portion of required contributions.
(c) The Secretary of the Interior may provide for training to assist
Helium Operations employees in the transition to other Federal or
private sector jobs during the facility shut-down and disposition
process and for up to 12 months following separation from
[[Page 112 STAT. 2681-255]]
Federal employment, including retraining and relocation incentives on
the same terms and conditions as authorized for employees of the
Department of Defense in section 348 of the National Defense
Authorization Act for Fiscal Year 1995.
(d) For purposes of the annual leave restoration provisions of 5
U.S.C. 6304(d)(1)(B), the cessation of helium production and sales, and
other related Helium Program activities shall be deemed to create an
exigency of public business under, and annual leave that is lost during
leave years 1997 through 2001 because of 5 U.S.C. 6304 (regardless of
whether such leave was scheduled in advance) shall be restored to the
employee and shall be credited and available in accordance with 5 U.S.C.
6304(d)(2). Annual leave so restored and remaining unused upon the
transfer of a Helium Program employee to a position of the executive
branch outside of the Helium Program shall be liquidated by payment to
the employee of a lump sum from the Helium Fund for such leave.
(e) Benefits under this section shall be paid from the Helium Fund
in accordance with section 4(c)(4) of the Helium Privatization Act of
1996. Funds may be made available to Helium Program employees who are or
will be separated before October 1, 2002 because of the cessation of
helium production and sales and other related activities. Retraining
benefits, including retraining and relocation incentives, may be paid
for retraining commencing on or before September 30, 2002.
Sec. 113. <<NOTE: 43 USC 1473e.>> In fiscal year 1999 and
thereafter, the Secretary may accept donations and bequests of money,
services, or other personal property for the management and enhancement
of the Department's Natural Resources Library. The Secretary may hold,
use, and administer such donations until expended and without further
appropriation.
Sec. 114. Notwithstanding any other provision of law, including but
not limited to the Indian Self-Determination Act of 1975, as amended,
funds available under this title for Indian self-determination or self-
governance contract or grant support costs may be expended only for
costs directly attributable to contracts, grants and compacts pursuant
to the Indian Self-Determination Act and no funds appropriated in this
title shall be available for any contract support costs or indirect
costs associated with any contract, grant, cooperative agreement, self-
governance compact or funding agreement entered into between an Indian
tribe or tribal organization and any entity other than an agency of the
Department of the Interior.
Sec. 115. Notwithstanding any other provisions of law, the National
Park Service shall not develop or implement a reduced entrance fee
program to accommodate non-local travel through a unit. The Secretary
may provide for and regulate local non-recreational passage through
units of the National Park System, allowing each unit to develop
guidelines and permits for such activity appropriate to that unit.
Sec. 116. (a) Denver Service Center, Presidio, and Golden Gate
National Recreation Area employees who voluntarily resign or retire from
the National Park Service on or before December 31, 1998, shall receive,
from the National Park Service, a lump sum voluntary separation
incentive payment that shall be equal to the lesser of an amount equal
to the amount the employee would be entitled to receive under section
5595(c) of title 5, United States Code,
[[Page 112 STAT. 2681-256]]
if the employee were entitled to payment under such section; or $25,000.
(1) The voluntary separation incentive payment--
(A) shall not be a basis for payment, and shall not
be included in the computation of any other type of
Government benefit; and
(B) shall be paid from appropriations or funds
available for the payment of the basic pay of the
employee.
(2) Employees receiving a voluntary separation incentive
payment and accepting employment with the Federal Government
within five years of the date of separation shall be required to
repay the entire amount of the incentive payment to the National
Park Service.
(3) The Secretary may, at the request of the head of an
Executive branch agency, waive the repayment under paragraph (2)
if the individual involved possesses unique abilities and is the
only qualified applicant available for the position.
(4) In addition to any other payment which it is required to
make under Subchapter III of chapter 83 of title 5, United
States Code, the National Park Service shall remit to the Office
of Personnel Management for deposit in the Treasury of the
United States to the credit of the Civil Service Retirement and
Disability Fund an amount equal to 15 percent of the final basic
pay of each employee of the National Park Service--
(A) who retires under section 8336(d)(2) of Title 5,
United States Code; and,
(B) to whom a voluntary separation incentive payment
has been or is to be paid under the provisions of this
section.
(b) Employees of Denver Service Center, Presidio, and Golden Gate
National Recreation Area entitled to severance pay under 5 U.S.C. 5595,
may apply for, and the National Park Service may pay, the total amount
of severance pay to the employee in a lump sum. Employees paid severance
pay in a lump sum and subsequently reemployed by the Federal Government
shall be subject to the repayment provisions of 5 U.S.C. 5595(i)(2) and
(3), except that any repayment shall be made to the National Park
Service.
(c) Employees of the Denver Service Center, Presidio, and Golden
Gate National Recreation Area who voluntarily resign on or before
December 31, 1998, or who are separated in a reduction in force, shall
be liable for not more than the required employee contribution under 5
U.S.C. 8905a(d)(1)(A) if they elect to continue health benefits after
separation. The National Park Service shall pay for 12 months the
remaining portion of required contributions.
Sec. 117. Notwithstanding any other provision of law, the Secretary
is authorized to permit persons, firms or organizations engaged in
commercial, cultural, educational, or recreational activities (as
defined in section 612a of title 40, United States Code) not currently
occupying such space to use courtyards, auditoriums, meeting rooms, and
other space of the main and south Interior building complex, Washington,
D.C., the maintenance, operation, and protection of which has been
delegated to the Secretary from the Administrator of General Services
pursuant to the Federal Property and Administrative Services Act of
1949, and to assess reasonable charges therefore, subject to such
procedures as the Secretary deems appropriate for such uses. Charges may
be for the space, utilities, maintenance, repair, and other services.
Charges
[[Page 112 STAT. 2681-257]]
for such space and services may be at rates equivalent to the prevailing
commercial rate for comparable space and services devoted to a similar
purpose in the vicinity of the main and south Interior building complex,
Washington, D.C. for which charges are being assessed. The Secretary may
without further appropriation hold, administer, and use such proceeds
within the Departmental Management Working Capital Fund to offset the
operation of the buildings under his jurisdiction, whether delegated or
otherwise, and for related purposes, until expended.
Sec. 118. <<NOTE: 16 USC 460o note.>> The 37 mile 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 shall hereafter be referred to in any law, regulation, document, or
record of the United States as the Joseph M. McDade Recreational Trail.
Sec. 119. (a) In this section--
(1) the term ``Huron Cemetery'' means the lands that form
the cemetery that is popularly known as the Huron Cemetery,
located in Kansas City, Kansas, as described in subsection
(b)(3); and
(2) the term ``Secretary'' means the Secretary of the
Interior.
(b)(1) The Secretary shall take such action as may be necessary to
ensure that the lands comprising the Huron Cemetery (as described in
paragraph (3)) are used only in accordance with this subsection.
(2) The lands of the Huron Cemetery shall be used only--
(A) for religious and cultural uses that are compatible with
the use of the lands as a cemetery; and
(B) as a burial ground.
(3) The description of the lands of the Huron Cemetery is as
follows:
The tract of land in the NW quarter of sec. 10, T. 11 S., R. 25 E.,
of the sixth principal meridian, in Wyandotte County, Kansas (as
surveyed and marked on the ground on August 15, 1888, by William Millor,
Civil Engineer and Surveyor), described as follows:
``Commencing on the Northwest corner of the Northwest
Quarter of the Northwest Quarter of said Section 10;
``Thence South 28 poles to the `true point of beginning';
``Thence South 71 degrees East 10 poles and 18 links;
``Thence South 18 degrees and 30 minutes West 28 poles;
``Thence West 11 and one-half poles;
``Thence North 19 degrees 15 minutes East 31 poles and 15
feet to the `true point of beginning', containing 2 acres or
more.''.
Sec. 120. (a) Study.--The Secretary shall enter into an agreement
with and provide funding, to the National Academy of Sciences (NAS), the
Board on Earth Sciences and Resources (Board), to conduct a detailed,
comprehensive study of the environmental and reclamation requirements
relating to mining of locatable minerals on federal lands and the
adequacy of those requirements to prevent unnecessary or undue
degradation of federal lands in each state in which such mining occurs.
(1) Contents.--The study shall identify and consider--
(A) the operating, reclamation and permitting
requirements for locatable minerals mining and
exploration
[[Page 112 STAT. 2681-258]]
operations on federal lands by federal and state air,
water, solid waste, reclamation and other environmental
statutes, including surface management regulations
promulgated by federal land management agencies and
state primacy programs under applicable federal statutes
and state laws and the time requirements applicable to
project environmental review and permitting;
(B) the adequacy of federal and state environmental,
reclamation and permitting statutes and regulations
applicable in any state or states where mining or
exploration of locatable minerals on federal lands is
occurring, to prevent unnecessary or undue degradation;
and
(C) recommendations and conclusions regarding how
federal and state environmental, reclamation and
permitting requirements and programs can be coordinated
to ensure environmental protection, increase efficiency,
avoid duplication and delay, and identify the most cost-
effective manner for implementation.
(b) Report.--
No later than July 31, 1999, the Board shall submit a report
addressing areas described under (a)(1) to the appropriate
federal agencies, the Congress and the Governors of affected
states.
(c) Funds.--From the funds collected for mining law administration,
the Secretary shall provide to the NAS such funds as it requests, not to
exceed $800,000, for the purpose of conducting this analysis.
(d) Surface Management Regulations.--The Secretary of the Interior
shall not promulgate any final regulations to change the Bureau of Land
Management regulations found at 43 CFR Part 3809 prior to September 30,
1999.
Sec. 121. Overhead charges levied by the Fish and Wildlife Service
on any and all funds transferred from the Bureau of Reclamation for the
Recovery Implementation Program for Endangered Fish Species in the Upper
Colorado River Basin and for the Recovery Implementation Program for
Endangered Fish Species in the San Juan River Basin shall be limited to
no more than 50 percent of the biennially determined full indirect cost
recovery rate.
Sec. 122. (a) ANCSA Determination.--
(1) Within 180 days following the enactment of this Act, the
Bureau of Land Management shall conduct a determination under
section 3(e) of the Alaska Native Claims Settlement Act (43
U.S.C. 1601 et seq.) of the property described as Lot 1, Block
12; the north 50 feet of Lots 43 and 44, Block 12; Lots 50, 51
and 52, Block 12; Lots 28 and 29, Block 33; and a strip of land
25 feet in length running east and west by 24 feet in width
running north and south in the southwest corner of Lot 15, Block
33, all within the Nome Townsite, Records of the Cape Nome
Recording District, Second Judicial District, State of Alaska.
(2) The ANCSA section 3(e) determination will determine if
the lands must be conveyed to the Sitnasuak Native Corporation
(the village corporation for Nome).
(3) If and only if the Bureau of Land Management's ANCSA
section 3(e) determination concludes that the Sitnasuak Native
Corporation is not entitled to the lands, and following the
settlement of any and all claims filed appealing the decision,
[[Page 112 STAT. 2681-259]]
the Secretary shall carry out subsection (b) of this section,
and the provisions of subsection (c) shall take effect.
(b) Conveyance.--The Secretary shall convey to Kawerak, Inc., a non-
profit tribal organization in Nome, Alaska, without consideration, all
right, title, and interest of the United States, subject to all valid
existing rights and to the rights-of-way described in subsection (c), in
the property described as Lot 1, Block 12; the north 50 feet of Lots 43
and 44, Block 12; Lots 50, 51 and 52, Block 12; Lots 28 and 29, Block
33; and a strip of land 25 feet in length running east and west by 24
feet in width running north and south in the southwest corner of Lot 15,
Block 33, all within the Nome Townsite, Records of the Cape Nome
Recording District, Second Judicial District, State of Alaska.
(c) Rights-of-Way.--The property conveyed under subsection (b) shall
be subject to--
(1) title of the State of Alaska, Department of Highways, as
to the south three feet of Lots 50, 51, and 52 of Block 12; and
(2) rights of the public or of any governmental agencies in
and to any portion of the property lying within any roads,
streets, or highways.
Sec. 123. <<NOTE: 16 USC 410hh-4 note.>> Commercial Fishing in
Glacier Bay National Park. (a) General.--
(1) The Secretary of the Interior and the State of Alaska
shall 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 any
applicable international conservation and management treaties.
Such management plan shall provide for commercial fishing in the
marine waters within Glacier Bay National Park outside of
Glacier Bay Proper, and in the marine waters within Glacier Bay
Proper as specified in paragraphs (a)(2) through (a)(5), and
shall provide for the protection of park values and purposes,
for the prohibition of any new or expanded fisheries, and for
the opportunity for the study of marine resources.
(2) In the nonwilderness waters within Glacier Bay Proper,
commercial fishing shall be limited, by means of non-
transferable lifetime access permits, solely to individuals
who--
(A) hold a valid commercial fishing permit for a
fishery in a geographic area that includes the
nonwilderness waters within Glacier Bay Proper;
(B) provide a sworn and notarized affidavit and
other available corroborating documentation to the
Secretary of the Interior sufficient to establish that
such individual engaged in commercial fishing for
halibut, tanner crab, or salmon in Glacier Bay Proper
during qualifying years which shall be established by
the Secretary of the Interior within one year of the
date of the enactment of this Act; and
(C) fish only with--
(i) longline gear for halibut;
(ii) pots or ring nets for tanner crab; or
(iii) trolling gear for salmon.
(3) With respect to the individuals engaging in commercial
fishing in Glacier Bay Proper pursuant to paragraph (2), no
fishing shall be allowed in the West Arm of Glacier Bay Proper
(West Arm) north of 58 degrees, 50 minutes north latitude,
[[Page 112 STAT. 2681-260]]
except for trolling for king salmon during the period from
October 1 through April 30. The waters of Johns Hopkins Inlet,
Tarr Inlet and Reid Inlet shall remain closed to all commercial
fishing.
(4) With respect to the individuals engaging in commercial
fishing in Glacier Bay Proper pursuant to paragraph (2), no
fishing shall be allowed in the East Arm of Glacier Bay Proper
(East Arm) north of a line drawn from Point Caroline, through
the southern end of Garforth Island to the east side of Muir
Inlet, except that trolling for king salmon during the period
from October 1 through April 30 shall be allowed south of a line
drawn across Muir Inlet at the southernmost point of Adams
Inlet.
(5) With respect to the individuals engaging in commercial
fishing in Glacier Bay Proper pursuant to paragraph (2), no
fishing shall be allowed in Geikie Inlet.
(b) The Beardslee Islands and Upper Dundas Bay.--Commercial fishing
is prohibited in the designated wilderness waters within Glacier Bay
National Park and Preserve, including the waters of the Beardslee
Islands and Upper Dundas Bay. Any individual who--
(1) on or before February 1, 1999, provides a sworn and
notarized affidavit and other available corroborating
documentation to the Secretary of the Interior sufficient to
establish that he or she has engaged in commercial fishing for
Dungeness crab in the designated wilderness waters of the
Beardslee Islands or Dundas Bay within Glacier Bay National Park
pursuant to a valid commercial fishing permit in at least six of
the years during the period 1987 through 1996;
(2) at the time of receiving compensation based on the
Secretary of the Interior's determination as described below--
(A) agrees in writing not to engage in commercial
fishing for Dungeness crab within Glacier Bay Proper;
(B) relinquishes to the State of Alaska for the
purposes of its retirement any commercial fishing permit
for Dungeness crab for areas within Glacier Bay Proper;
(C) at the individual's option, relinquishes to the
United States the Dungeness crab pots covered by the
commercial fishing permit; and
(D) at the individual's option, relinquishes to the
United States the fishing vessel used for Dungeness crab
fishing in Glacier Bay Proper; and
(3) holds a current valid commercial fishing permit that
allows such individual to engage in commercial fishing for
Dungeness crab in Glacier Bay National Park,
shall be eligible to receive from the United States compensation that is
the greater of (i) $400,000, or (ii) an amount equal to the fair market
value (as of the date of
relinquishment) of the commercial fishing permit for Dungeness crab, of
any Dungeness crab pots or other Dungeness crab gear, and of not more
than one Dungeness crab fishing vessel, together with an amount equal to
the present value of the foregone net income from commercial fishing for
Dungeness crab for the period January 1, 1999, through December 31,
2004, based on the individual's net earnings from the Dungeness crab
fishery during the period January 1, 1991, through December 31, 1996.
Any individual seeking such compensation shall provide the consent
necessary for the Secretary of the
[[Page 112 STAT. 2681-261]]
Interior to verify such net earnings in the fishery. The Secretary of
the Interior's determination of the amount to be paid shall be completed
and payment shall be made within six months from the date of application
by the individuals described in this subsection and shall constitute
final agency action subject to review pursuant to the Administrative
Procedures Act in the United States District Court for the District of
Alaska.
(c) Definition and Savings Clause.--
(1) As used in this section, the term ``Glacier Bay Proper''
shall mean the marine waters within Glacier Bay, including coves
and inlets, north of a line drawn from Point Gustavus to Point
Carolus.
(2) Nothing in this section is intended to enlarge or
diminish Federal or State title, jurisdiction, or authority with
respect to the waters of the State of Alaska, the waters within
the boundaries of Glacier Bay National Park, or the tidal or
submerged lands under any provision of State or Federal law.
Sec. 124. Notwithstanding any other provision of law, grazing
permits which expire during fiscal year 1999 shall be renewed for the
balance of fiscal year 1999 on the same terms and conditions as
contained in the expiring permits, or until the Bureau of Land
Management completes processing these permits in compliance with all
applicable laws, whichever comes first. Upon completion of processing by
the Bureau, the terms and conditions of existing grazing permits may be
modified, if necessary, and reissued for a term not to exceed ten years.
Nothing in this language shall be deemed to affect the Bureau's
authority to otherwise modify or terminate grazing permits.
Sec. 125. Conveyance to the Town of Pahrump, Nevada. (a)
Conveyance.--The Secretary of the Interior, acting through the Director
of the Bureau of Land Management, shall convey to the town of Pahrump,
Nevada, without consideration, subject to the requirements of 43 U.S.C.
869, all right, title, and interest of the land subject to all valid
existing rights in the public lands located south and west of Highway
160 within Sections
32 and 33, T. 20 S., R. 54 E., Mount Diablo Meridian.
(b) Use.--The conveyance of the property under subsection (a) shall
be subject to reversion to the United States if the property is used for
a purpose other than the purpose of a public fairground or a related
public purpose.
Sec. 126. Special Federal Aviation Regulation No. 78, regarding
commercial air tour operators in the vicinity of the Rocky Mountain
National Park, as published in the Federal Register on January 8, 1997,
shall remain in effect until otherwise provided by an Act of Congress.
Sec. 127. <<NOTE: 16 USC 3192a.>> Notwithstanding any other
provision of law, none of the funds provided in this Act or any other
Act hereafter enacted may be used by the Secretary of the Interior,
except with respect to land exchange costs and costs associated with the
preparation of land acquisitions, in the acquisition of State, private,
or other non-federal lands (or any interest therein) in the State of
Alaska, unless, in the acquisition of any State, private, or other non-
federal lands (or interest therein) in the State of Alaska, the
Secretary seeks to exchange unreserved public lands before purchasing
all or any portion of such lands (or interest therein) in the State of
Alaska.
[[Page 112 STAT. 2681-262]]
Sec. 128. Charleston, <<NOTE: 16 USC 461 note.>> Arkansas National
Commemorative Site. (a) The Congress finds that--
(1) the 1954 U.S. Supreme Court decision of Brown v. Board
of Education, which mandated an end to the segregation of public
schools, was one of the most significant Court decisions in the
history of the United States;
(2) the Charleston Public School District in Charleston,
Arkansas, in September, 1954, became the first previously-
segregated public school district in the former Confederacy to
integrate following the Brown decision;
(3) the orderly and peaceful integration of the public
schools in Charleston served as a model and inspiration in the
development of the Civil Rights movement in the United States,
particularly with respect to public education; and
(4) notwithstanding the important role of the Charleston
School District in the successful implementation of integrated
public schools, the role of the district has not been adequately
commemorated and interpreted for the benefit and understanding
of the nation.
(b) The Charleston Public School complex in Charleston, Arkansas is
hereby designated 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 1954 United States
Supreme Court decision, Brown v. Board of Education.
(c) The Secretary, after consultation with the Charleston Public
School District, shall establish an appropriate commemorative monument
and interpretive exhibit at the Charleston National Commemorative Site
to commemorate the 1954 integration of Charleston's public schools.
Sec. 129. (a) In the event any tribe returns appropriations made
available by this Act to the Bureau of
Indian Affairs for distribution to other tribes, this action shall not
diminish the Federal Government's trust responsibility to that tribe, or
the government-to-government relationship between the United States and
that tribe, or that tribe's ability to access future appropriations.
(b) The Bureau of Indian Affairs (BIA) shall develop alternative
methods to fund tribal priority allocations (TPA) base programs in
future years. The alternatives shall consider tribal revenues and
relative needs of tribes and tribal members. No later than April 1,
1999, the BIA shall submit a report to Congress containing its
recommendations and other alternatives. The report shall also identify
the methods proposed to be used by BIA to acquire data that is not
currently available to BIA and any data gathering mechanisms that may be
necessary to encourage tribal compliance. Notwithstanding any other
provision of law, for the purposes of developing recommendations, the
Bureau of Indian Affairs is hereby authorized access to tribal revenue-
related data held by any Federal agency, excluding information held by
the Internal Revenue Service.
(c) Except as provided in subsection (d), tribal revenue shall
include the sum of tribal net income, however derived, from any business
venture owned, held, or operated, in whole or in part, by any tribal
entity which is eligible to receive TPA on behalf of the members of any
tribe, all amounts distributed as per capita payments which are not
otherwise included in net income, and any income from fees, licenses or
taxes collected by any tribe.
[[Page 112 STAT. 2681-263]]
(d) The calculation of tribal revenues shall exclude payments made
by the Federal Government in settlement of claims or judgments and
income derived from lands, natural resources, funds, and assets held in
trust by the Secretary of the Interior.
(e) In developing alternative TPA distribution methods, the Bureau
of Indian Affairs will take into account the financial obligations of a
tribe, such as budgeted health, education and public works service
costs; its compliance, obligations and spending requirements under the
Indian Gaming Regulatory Act; its compliance with the Single Audit Act;
and its compact with its State.
Sec. 130. None of the funds in this or any other Act shall be used
to issue a notice of final rulemaking with respect to the valuation of
crude oil for royalty purposes, including a rulemaking derived from
proposed rules published in 63 Federal Register 6113 (1998), 62 Federal
Register 36030, and 62 Federal Register 3742 (1997) until June 1, 1999,
or until there is a negotiated agreement on the rule.
Sec. 131. Up to $8,000,000 of funds available in fiscal years 1998
and 1999 shall be available for grants, not covering more than 33
percent of the total cost of any acquisition to be made with such funds,
to States and local communities for purposes of acquiring lands or
interests in lands to preserve and protect Civil War battlefield sites
identified in the July 1993 Report on the Nation's Civil War
Battlefields prepared by the Civil War Sites Advisory Commission. Lands
or interests in lands acquired pursuant to this section shall be subject
to the requirements of paragraph 6(f)(3) of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-8(f)(3)).
Sec. 132. Leasing of Certain Reserved Mineral Interests. (a)
Application of Mineral Leasing Act.--Notwithstanding section 4 of Public
Law 88-608 (78 Stat. 988), the Federal reserved mineral interests in
land conveyed under that Act by United States land patents No. 49-71-
0059 and No. 49-71-0065 shall be subject to the Act of February 25, 1920
(commonly known as the ``Mineral Leasing Act'') (30 U.S.C. 181 et seq.).
(b) Entry.--
(1) In general.--A person that acquires a lease under the
Act of February 25, 1920 (30 U.S.C. 181 et seq.) for the
interests referred to in subsection (a) may exercise the right
of entry that
is reserved to the United States and persons authorized by the United
States in the patents conveying the land described in subsection (a) by
occupying so much of the surface the land as may be required for
purposes reasonably incident to the exploration for, and extraction and
removal of, the leased minerals.
(2) Condition.--A person that exercises a right of entry
under paragraph (1), shall, before commencing occupancy--
(A) secure the written consent or waiver of the
patentee; or
(B) post a bond or other financial guarantee with
the Secretary of the Interior in an amount sufficient to
ensure--
(i) the completion of reclamation pursuant to
the requirements of the Secretary under the Act of
February 25, 1920 (30 U.S.C. 181 et seq.); and
(ii) the payment to the surface owner for--
[[Page 112 STAT. 2681-264]]
(I) any damage to a crop or tangible
improvement of the surface owner that
results from activity under the mineral
lease; and
(II) any permanent loss of income to
the surface owner due to loss or
impairment of grazing use or of other
uses of the land by the surface owner at
the time of commencement of activity
under the mineral lease.
(c) Effective Date.--In the case of the land conveyed by United
States patent No. 49-71-0065, this section takes effect January 1, 1997.
Sec. 133. Notwithstanding any other provision of law, the Tribal
Self-Governance Act (25 U.S.C. Sec. 458aa et seq.) <<NOTE: 25 USC
458ff.>> is amended at Sec. 458ff(c) by inserting ``450c(d),''
following the word ``sections''.
<<NOTE: 16 USC 3503 note.>> Sec. 134. Correction to Coastal Barrier
Resources System Map. (a) In General.--Not later than 30 days after the
date of enactment of this Act, the Secretary of the Interior shall make
such corrections to the map described in subsection (b) as are necessary
to restore on that map the September 30, 1982, boundary for Unit M09 on
the portion of Edisto Island located immediately to the south and west
of the Jeremy Cay Causeway.
(b) Map Described.--The map described in this subsection is the map
included in a set of maps entitled ``Coastal Barrier Resources System'',
dated October 24, 1990, that relates to the unit of the Coastal Barrier
Resources System entitled ``Edisto Complex M09/M09P''.
<<NOTE: 16 USC 410hh-1 note.>> Sec. 135. Katmai National Park Land
Exchange. (a) Ratification of Agreement.--
(1) Ratification.--
(A) In general.--The terms, conditions, procedures,
covenants, reservations, and other provisions set forth
in the document entitled ``Agreement for the Sale,
Purchase and Conveyance of Lands between the Heirs,
Designees and/or Assigns of Palakia Melgenak and the
United States of America'' (hereinafter referred to in
this section as the ``Agreement''), executed by its
signatories, including the heirs, designees and/or
assigns of Palakia Melgenak (hereinafter referred to in
this section as the ``Heirs'') effective on September 1,
1998 are authorized, ratified and confirmed, and set
forth the obligations and commitments of the United
States and all other signatories, as a matter of Federal
law.
(B) Native allotment.--Notwithstanding any provision
of law to the contrary, all lands described in section
2(c) of the Agreement for conveyance to the Heirs shall
be deemed a replacement transaction under ``An Act to
relieve restricted Indians in the Five Civilized Tribes
whose nontaxable lands are required for State, county or
municipal improvements or sold to other persons or for
other purposes'' (25 U.S.C. 409a, 46 Stat. 1471), as
amended, and the Secretary shall convey such lands by a
patent consistent with the terms of the Agreement and
subject to the same restraints on alienation and tax-
exempt status as provided for Native allotments pursuant
to ``An Act authorizing the Secretary of the Interior to
allot homesteads to the natives of Alaska'' (34 Stat.
197), as amended, repealed by section 18(a) the Alaska
Native Claims
[[Page 112 STAT. 2681-265]]
Settlement Act (85 Stat. 710), with a savings clause for
applications pending on December 18, 1971.
(C) Land acquisition.--Lands and interests in land
acquired by the United States pursuant to the Agreement
shall be administered by the Secretary of the Interior
(hereinafter referred to as the ``Secretary'') as part
of the Katmai National Park, subject to the laws and
regulations applicable thereto.
(2) Maps and deeds.--The maps and deeds set forth in the
Agreement generally depict the lands subject to the conveyances,
the retention of consultation rights, the conservation easement,
the access rights, Alaska Native Allotment Act status, and the
use and transfer restrictions.
(b) <<NOTE: 16 USC 1132 note.>> Katmai National Park and Preserve
Wilderness.--Upon the date of closing of the conveyance of the
approximately 10 acres of Katmai National Park Wilderness lands to be
conveyed to the Heirs under the Agreement, the following lands shall
hereby be designated part of the Katmai Wilderness as designated by
section 701(4) of the Alaska National Interest Lands Conservation Act
(16 U.S.C. 1132 note; 94 Stat. 2417):
A strip of land approximately one half mile long and 165 feet
wide lying within Section 1, Township 24 South, Range 33 West,
Seward Meridian, Alaska, the center line of which is the center
of the unnamed stream from its mouth at Geographic Harbor to the
north line of said Section 1. Said unnamed stream flows from the
unnamed lake located in Sections 25 and 26, Township 23 South,
Range 33 West, Seward Meridian. This strip of land contains
approximately 10 acres.
(c) Availability of Appropriation.--None of the funds appropriated
in this Act or any other Act hereafter enacted for the implementation of
the Agreement may be expended until the Secretary determines that the
Heirs have signed a valid and full relinquishment and release of any and
all claims described in section 2(d) of the Agreement.
(d) General Provisions.--
(1) All of the lands designated as Wilderness pursuant to
this section shall be subject to any valid existing rights.
(2) Subject to the provisions of the Alaska National
Interest Lands Conservation Act, the Secretary shall ensure that
the lands in the Geographic Harbor area not directly affected by
the Agreement remain accessible for the public, including its
mooring and mechanized transportation needs.
(3) The Agreement shall be placed on file and available for
public inspection at the Alaska Regional Office of the National
Park Service, at the office of the Katmai National Park and
Preserve in King Salmon, Alaska, and at least one public
facility managed by the Federal, State or local government
located in each of Homer, Alaska, and Kodiak, Alaska and such
other public facilities which the
Secretary determines are suitable and accessible for such public
inspections. In addition, as soon as practicable after enactment of this
provision, the Secretary shall make available for public inspection in
those same offices, copies of all maps and legal descriptions of lands
prepared in implementing either the Agreement or this section. Such
legal descriptions shall be published in the Federal Register and filed
with the Speaker of the House of Representatives and the President of
the Senate.
[[Page 112 STAT. 2681-266]]
Sec. 136. Watershed Restoration and Enhancement Agreements. Section
124(a) of the Department of the Interior and Related Agencies
Appropriations Act, 1997 (16 U.S.C. 1011(a)) is amended by striking
``with willing private landowners for restoration and enhancement of
fish, wildlife, and other biotic resources on public or private land or
both'' and inserting ``with the heads of other Federal agencies, tribal,
State, and local governments, private and nonprofit entities, and
landowners for the protection, restoration, and enhancement of fish and
wildlife habitat and other resources on public or private land and the
reduction of risk from natural disaster where public safety is
threatened''.
Sec. 137. None of the funds made available in this or any other Act
may be expended before March 31, 1999 to publish final regulations based
on the regulations proposed at 63 Fed. Reg. 3289 on January 22, 1998.
Sec. 138. Acquisition of Real Property Interests for Addition to
Chickamauga and Chattanooga National Military Park. The Act of August
19, 1890 (16 U.S.C. 424), is amended by adding at the end the following:
``SEC. 12. <<NOTE: 16 USC 424-1.>> ACQUISITION OF LAND.
``(a) In General.--The Secretary of the Interior may acquire private
land, easements, and buildings within the areas authorized for
acquisition for the Chickamauga and Chattanooga National Military Park,
by donation, purchase with donated or appropriated funds, or exchange.
``(b) Limitation.--Land, easements, and buildings described in
subsection (a) may be acquired only from willing sellers.
``(c) Administration.--Land, easements, and buildings acquired by
the Secretary under subsection (a) shall be administered by the
Secretary as part of the park.''.
Sec. 139. Amounts invoiced by the Secretary of the Interior and paid
in full before the date of enactment of this Act for the purchase of
Federal royalty oil by a refiner pursuant to the preference for small
refiners in section 36 of the Mineral Leasing Act (30 U.S.C. 192) or
section 27(b)(2) of the Outer Continental Shelf Lands Act (43 U.S.C.
1353(b)(2)) are hereby ratified and deemed to be the refiner's total
obligation to the United States for such purchases notwithstanding any
other provision of law, including the regulations set forth in 30 C.F.R.
208.13 (1997), subject to adjustment to reconcile billed volumes with
delivered volumes: Provided, That all delivered royalty oil volumes so
invoiced were processed, used, or exchanged for other crude oil on a
volume or equivalent basis that was processed or used, in the refiner's
refineries located in the United States.
Sec. 140. Remaining funds in the amount of $250,000, appropriated as
part of Public Law 105-83 in the National Park Service construction
account for fiscal year 1998 for an environmental impact statement of a
site for an interpretive center along the Blue Ridge Parkway near
Roanoke, Virginia, may be used for the construction of an interpretive
center outside of the boundaries of the Blue Ridge Parkway, near
Roanoke, Virginia.
Sec. 141. Section 5(a)(3) of the Act entitled ``An Act to provide
for the establishment of the Indiana Dunes National Lakeshore, and for
other purposes'', approved November 5, 1966 (16 U.S.C. 460u-5(a)(3)), is
amended--
[[Page 112 STAT. 2681-267]]
(1) in subparagraph (A), in the matter preceding clause (i),
by--
(A) striking ``as of that date''; and
(B) inserting ``, subject to subparagraph (B),''
after ``term ending''; and
(2) in subparagraph (B), by striking ``Subparagraph (A)''
and inserting ``Subparagraph (A)(ii)''.
Sec. 142. Notwithstanding any other provision of law, any settlement
or judgment against the United States for the legislative taking by
section 817 of Public Law 104-333 (110 Stat. 4200-4201) of real property
on the eastern end of Santa Cruz Island known as the Gherini Ranch shall
be paid solely from the permanent judgment appropriation established
pursuant to section 1304 of title 31, United States Code.
Sec. 143. <<NOTE: 16 USC 410rr et seq.>> Public Law 102-350 (16
U.S.C. 410) is amended to strike ``Marsh-Billings'' each place it
appears and insert ``Marsh-Billings-Rockefeller''.
Sec. 144. Refunds or rebates received on an on-going basis from a
credit card services provider under the Department of the Interior's
charge card programs may be deposited to and retained without fiscal
year limitation in the Departmental Working Capital Fund established
under 43 U.S.C. 1467 and used to fund management initiatives of general
benefit to the Department of the Interior's bureaus and offices as
determined by the Secretary or his designee.
Sec. 145. <<NOTE: 16 USC 460kkk note.>> The principal visitor
center for the Santa Monica Mountains National Recreation Area,
regardless of location, shall be named for Anthony C. Beilenson and
shall be referred to in any law, document or record of the United States
as the ``Anthony C. Beilenson Visitor Center''.
<<NOTE: 16 USC 79a note.>> Sec. 146. The Redwood Information Center
located at 119231 Highway 101 in Orick, California is hereby named the
``Thomas H. Kuchel Visitor Center'' and shall be referred to in any law,
document or record of the United States as the ``Thomas H. Kuchel
Visitor Center''.
Sec. 147. Appropriations made in this title under the headings
Bureau of Indian Affairs and Office of Special Trustee for American
Indians and any available unobligated balances from prior appropriations
Acts made under the same headings, shall be available for expenditure or
transfer for Indian trust management activities pursuant to the Trust
Management Improvement Project High Level Implementation Plan.
Sec. 148. All funds received by the United States as a result of the
sale or the exchange and subsequent sale of lands under section
412(a)(1) of the ``Treasury and General Government Appropriations Act,
1999'' shall be deposited in the ``Everglades restoration'' account in
accordance with section 390(f)(2)(A) of the Federal Agriculture
Improvement and Reform Act of 1996, Public Law 104-127, 110 Stat. 1022.
Sec. 149. Notwithstanding any other provision of law, the
Secretary of the Interior shall transfer a road easement, no wider than
50 feet, across lot 1 (USS 3811, First Judicial District, Juneau
Recording District, State of Alaska), administered by the National Park
Service, identified as road alternative 1 on the map entitled ``Traffic
and Environmental Feasibility Study for Access to Proposed Auke Cape
Facility'' in the document for the NOAA/NMFS Juneau Consolidated
Facility Preliminary Draft Environmental Impact
[[Page 112 STAT. 2681-268]]
Statement, dated July 1996, to the City and Borough of Juneau, Alaska.
The Secretary of the Interior shall also transfer to the City and
Borough of Juneau all right, title and interest of the United States in
the right of way described by the plat recorded in Book 54, page 371, of
the Juneau Recording District. Such transfers shall occur as soon as
practical after the Secretary of Commerce has exchanged all, or a
portion, of the right, title and interest in the 28.16 acres known as
the Auke Cape property for the 22.35 acres known as the Lena Point
property, near Juneau, Alaska to the City and Borough of Juneau, Alaska.
The Secretary of the Interior shall deliver to the City and Borough of
Juneau, Alaska a deed or patent establishing the conveyance to the City
and Borough of Juneau, Alaska of said easements. The Secretary of the
Interior shall retain the right of access and use of such right of way,
easement and road.
Sec. 150. All properties administered by the National Park Service
at Fort Baker, Golden Gate National Recreation Area, and leases,
concessions, permits and other agreements associated with those
properties, shall be exempt from all taxes and special assessments,
except sales tax, by the State of California and its political
subdivisions, including the County of Marin and the City of Sausalito.
Such areas of Fort Baker shall remain under exclusive federal
jurisdiction.
Sec. 151. Notwithstanding any provision of law, the Secretary of the
Interior is authorized to negotiate and enter into agreements and
leases, without regard to section 321 of chapter 314 of the Act of June
30, 1932 (40 U.S.C. 303b), with any person, firm, association,
organization, corporation, or governmental entity for all or part of the
property within Fort Baker administered by the Secretary as part of
Golden Gate National Recreation Area. The proceeds of the agreements or
leases shall be retained by the Secretary and such proceeds shall be
available, without future appropriation, for the preservation,
restoration, operation, maintenance and interpretation and related
expenses incurred with respect to Fort Baker properties.
Sec. 152. In implementing section 1307(a) of the Alaska National
Interest Lands Conservation Act (16 U.S.C. 3197), the Secretary of the
Interior shall deem the holder (on the date of enactment of this Act) of
the concession contract KATM001-81 to be a person who, on or before
January 1, 1979, was engaged in adequately providing visitor services of
the type authorized in said contract with Katmai National Park and
Preserve.
TITLE II--RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
forest and rangeland research
For necessary expenses of forest and rangeland research as
authorized by law, $197,444,000, to remain available until expended.
[[Page 112 STAT. 2681-269]]
state and private forestry
For necessary expenses of cooperating with and providing technical
and financial assistance to States, territories, possessions, and
others, and for forest health management, cooperative forestry, and
education and land conservation activities, $170,722,000, to remain
available until expended, as authorized by law.
national forest system
For necessary expenses of the Forest Service, not otherwise provided
for, for management, protection, improvement, and utilization of the
National Forest System, and for administrative expenses associated with
the management of funds provided under the headings ``Forest and
Rangeland Research'', ``State and Private Forestry'', ``National Forest
System'', ``Wildland Fire Management'', ``Reconstruction and
Construction'', and ``Land Acquisition'', $1,298,570,000, to remain
available until expended, which shall include 50 percent of all moneys
received during
prior fiscal years as fees collected under the Land and Water
Conservation Fund Act of 1965, as amended, in accordance with section 4
of the Act (16 U.S.C. 460l-6a(i)): Provided, That up to $3,000,000 of
funds provided herein may be used to construct or reconstruct facilities
of the Forest Service: Provided further, That no more than $150,000
shall be used on any single project, exclusive of planning and design
costs: Provided further, That any unobligated balances remaining in this
appropriation in the road maintenance extended budget line item at the
end of fiscal year 1998 may be transferred to and made a part of the
``Reconstruction and Construction'' appropriation, road maintenance and
decommissioning extended budget line item.
wildland fire management
For necessary expenses for forest fire presuppression activities on
National Forest System lands, for emergency fire suppression on or
adjacent to such lands or other lands under fire protection agreement,
and for emergency rehabilitation of burned-over National Forest System
lands and water, $560,176,000, to remain available until expended:
Provided, That such funds are available for repayment of advances from
other appropriations accounts previously transferred for such purposes.
For an additional amount to cover necessary expenses for emergency
rehabilitation, presuppression due to emergencies, and wildfire
suppression activities of the Forest Service, $102,000,000, to remain
available until expended: Provided, That the entire amount is designated
by Congress as an emergency requirement pursuant to section 251(b)(2)(A)
of the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That these funds shall be available only to
the extent an official budget request for a specific dollar amount, that
includes designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress.
[[Page 112 STAT. 2681-270]]
reconstruction and construction
For necessary expenses of the Forest Service, not otherwise provided
for, $297,352,000, to remain available until expended for construction,
reconstruction and acquisition of buildings and other facilities, and
for construction, reconstruction, repair and maintenance of forest roads
and trails by the Forest Service as authorized by 16 U.S.C. 532-538 and
23 U.S.C. 101 and 205: Provided, That up to $15,000,000 of the funds
provided herein for road maintenance shall be available for the
decommissioning of roads, including unauthorized roads not part of the
transportation system, which are no longer needed: Provided further,
That no funds shall be expended to decommission any system road until
notice and an opportunity for public comment has been provided: Provided
further, That the Forest Service may make an advance of up to $200,000
from the funds provided under this heading in this Act and up to
$800,000 provided under this heading in Public Law 105-83 to the City of
Colorado Springs, Colorado, for the design and reconstruction of the
Pikes Peak Summit House in accordance with terms and conditions agreed
to.
For expenses necessary to carry out the provisions of the Land and
Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4
through 11), including administrative expenses, and for acquisition of
land or waters, or interest therein, in accordance with statutory
authority applicable to the Forest Service, $117,918,000, to be derived
from the Land and Water Conservation Fund, to remain available until
expended.
For acquisition of lands within the exterior boundaries of the
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National
Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland
National
Forests, California, as authorized by law, $1,069,000, to be derived
from forest receipts.
For acquisition of lands, such sums, to be derived from funds
deposited by State, county, or municipal governments, public school
districts, or other public school authorities pursuant to the Act of
December 4, 1967, as amended (16 U.S.C. 484a), to remain available until
expended.
range betterment fund
For necessary expenses of range rehabilitation, protection, and
improvement, 50 percent of all moneys received during the prior fiscal
year, as fees for grazing domestic livestock on lands in National
Forests in the sixteen Western States, pursuant to section 401(b)(1) of
Public Law 94-579, as amended, to remain available until expended, of
which not to exceed 6 percent shall be available for administrative
expenses associated with on-the-ground range rehabilitation, protection,
and improvements.
[[Page 112 STAT. 2681-271]]
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $92,000, to remain
available until expended, to be derived from the fund established
pursuant to the above Act.
For necessary expenses of the Forest Service to manage federal lands
in Alaska for subsistence uses under the provisions of Title VIII of the
Alaska National Interest Lands Conservation Act (Public Law 96-487 et
seq.) except in areas described in section 339(a)(1)(A) and (B) of this
Act, $3,000,000 to become available on September 30, 1999, and remain
available until expended: Provided, That if prior to October 1, 1999,
the Secretary of the Interior determines that the Alaska State
Legislature has approved a bill or resolution to amend the Constitution
of the State of Alaska that, if approved by the electorate, would enable
the implementation of state laws of general applicability which are
consistent with, and which provide for the definition, preference and
participation specified in sections 803, 804, and 805 of the Alaska
National Interest Lands Conservation Act, the Secretary of Agriculture
shall make a $3,000,000 grant to the State of Alaska for the purpose of
assisting that State in fulfilling its responsibilities under sections
803, 804, and 805 of that Act.
administrative provisions, forest service
Appropriations to the Forest Service for the current fiscal year
shall be available for: (1) purchase of not to exceed 177 passenger
motor vehicles of which 22 will be used primarily for law enforcement
purposes and of which 176 shall be for replacement; acquisition of 25
passenger motor vehicles from excess sources, and hire of such vehicles;
operation and maintenance of aircraft, the purchase of not to exceed two
for replacement only, and acquisition of sufficient aircraft from excess
sources to maintain the operable fleet at 213 aircraft for use in Forest
Service wildland fire programs and other Forest Service programs;
notwithstanding other provisions of law, existing aircraft being
replaced may be sold, with proceeds derived or trade-in value used to
offset the purchase price for the replacement aircraft; (2) services
pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for employment
under 5 U.S.C. 3109; (3) purchase, erection, and alteration of buildings
and other public improvements (7 U.S.C. 2250); (4) acquisition of land,
waters, and interests therein, pursuant to 7 U.S.C. 428a; (5) for
expenses pursuant to the Volunteers in the National Forest Act of 1972
(16 U.S.C. 558a, 558d, and 558a note); (6) the cost of uniforms as
authorized by 5 U.S.C. 5901-5902; and (7) for debt collection contracts
in accordance with 31 U.S.C. 3718(c).
None of the funds made available under this Act shall be obligated
or expended to abolish any region, to move or close any regional office
for National Forest System administration of the Forest Service,
Department of Agriculture without the consent of the House and Senate
Committees on Appropriations.
[[Page 112 STAT. 2681-272]]
Any appropriations or funds available to the Forest Service may be
transferred to the Wildland Fire Management appropriation for forest
firefighting, emergency rehabilitation of burned-over or damaged lands
or waters under its jurisdiction, and fire preparedness due to severe
burning conditions.
Funds appropriated to the Forest Service shall be available for
assistance to or through the Agency for International Development and
the Foreign Agricultural Service in connection with forest and rangeland
research, technical information, and assistance in foreign countries,
and shall be available to support forestry and related natural resource
activities outside the United States and its territories and
possessions, including technical assistance, education and training, and
cooperation with United States and international organizations.
None of the funds made available to the Forest Service under this
Act shall be subject to transfer under the provisions of section 702(b)
of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257) or
7 U.S.C. 147b unless the proposed transfer is approved in advance by the
House and Senate Committees on Appropriations in compliance with the
reprogramming procedures contained in House Report 105-163.
None of the funds available to the Forest Service may be
reprogrammed without the advance approval of the House and Senate
Committees on Appropriations in accordance with the procedures contained
in House Report 105-163.
No funds appropriated to the Forest Service shall be transferred to
the Working Capital Fund of the Department of Agriculture without the
approval of the Chief of the Forest Service.
<<NOTE: 16 USC 556h.>> Notwithstanding any other provision of law,
hereafter any appropriations or funds available to the Forest Service
may be used to disseminate program information to private and public
individuals and organizations through the use of nonmonetary items of
nominal value and to provide nonmonetary awards of nominal value and to
incur necessary expenses for the nonmonetary recognition of private
individuals and organizations that make contributions to Forest Service
programs.
<<NOTE: 30 USC 185 note.>> Notwithstanding any other provision of
law, hereafter money collected, in advance or otherwise, by the Forest
Service under authority of section 101 of Public Law 93-153 (30 U.S.C.
185(1)) as reimbursement of administrative and other costs incurred in
processing pipeline right-of-way or permit applications and for costs
incurred in monitoring the construction, operation, maintenance, and
termination of any pipeline and related facilities, may be used to
reimburse the applicable appropriation to which such costs were
originally charged.
Funds available to the Forest Service shall be available to conduct
a program of not less than $1,000,000 for high priority projects within
the scope of the approved budget which shall be carried out by the Youth
Conservation Corps as authorized by the Act of August 13, 1970, as
amended by Public Law 93-408.
None of the funds available in this Act shall be used for timber
sale preparation using clearcutting in hardwood stands in excess of 25
percent of the fiscal year 1989 harvested volume in the Wayne National
Forest, Ohio: Provided, That this limitation shall not apply to hardwood
stands damaged by natural disaster: Provided further, That landscape
architects shall be used to maintain a visually pleasing forest.
[[Page 112 STAT. 2681-273]]
<<NOTE: 16 USC 2106b.>> Any money collected from the States for
fire suppression assistance rendered by the Forest Service on non-
Federal lands not in the vicinity of National Forest System lands shall
hereafter be used to reimburse the applicable appropriation and shall
remain available until expended as the Secretary may direct in
conducting activities authorized by 16 U.S.C. 2101 note, 2101-2110,
1606, and 2111.
Of the funds available to the Forest Service, $1,500 is available to
the Chief of the Forest Service for official reception and
representation expenses.
<<NOTE: 16 USC 554e.>> Notwithstanding any other provision of law,
hereafter the Forest Service is authorized to employ or otherwise
contract with persons at regular rates of pay, as determined by the
Service, to perform work occasioned by emergencies such as fires,
storms, floods, earthquakes or any other unavoidable cause without
regard to Sundays, Federal holidays, and the regular workweek.
To the greatest extent possible, and in accordance with the Final
Amendment to the Shawnee National Forest Plan, none of the funds
available in this Act shall be used for preparation of timber sales
using clearcutting or other forms of even-aged management in hardwood
stands in the Shawnee National Forest, Illinois.
Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of the
funds available to the Forest Service, up to $2,250,000 may be advanced
in a lump sum as Federal financial assistance to the National Forest
Foundation, without regard to when the Foundation incurs expenses, for
administrative expenses or projects on or benefitting National Forest
System lands or related to Forest Service programs: Provided, That of
the Federal funds made available to the Foundation, no more than
$400,000 shall be available for administrative expenses: Provided
further, That the Foundation shall obtain, by the end of the period of
Federal financial assistance, private contributions to match on at least
one-for-one basis funds made available by the Forest Service: Provided
further, That the Foundation may transfer Federal funds to a non-Federal
recipient for a project at the same rate that the recipient has obtained
the non-Federal matching funds: <<NOTE: 16 USC 583j-9.>> Provided
further, That hereafter, the National Forest Foundation may hold Federal
funds made available but not immediately disbursed and may use any
interest or other investment income earned (before, on, or after the
date of enactment of this Act) on Federal funds to carry out the
purposes of Public Law 101-593: Provided further, That such investments
may be made only in interest-bearing obligations of the United States or
in obligations guaranteed as to both principal and interest by the
United States.
Pursuant to section 2(b)(2) of Public Law 98-244, up to $2,650,000
of the funds available to the Forest Service shall be available for
matching funds to the National Fish and Wildlife Foundation, as
authorized by 16 U.S.C. 3701-3709, and may be advanced in a lump sum as
Federal financial assistance, without regard to when expenses are
incurred, for projects on or benefitting National Forest System lands or
related to Forest Service programs: Provided, That the Foundation shall
obtain, by the end of the period of Federal financial assistance,
private contributions to match on at least one-for-one basis funds
advanced by the Forest Service: Provided further, That the Foundation
may transfer Federal funds to a non-Federal recipient for a project at
the same
[[Page 112 STAT. 2681-274]]
rate that the recipient has obtained the non-Federal matching funds.
Funds appropriated to the Forest Service shall be available for
interactions with and providing technical assistance to rural
communities for sustainable rural development purposes.
Notwithstanding any other provision of law, 80 percent of the funds
appropriated to the Forest Service in the ``National Forest System'' and
``Reconstruction and Construction'' accounts and planned to be allocated
to activities under the ``Jobs in the Woods'' program for projects on
National Forest land in the State of Washington may be granted directly
to the Washington State
Department of Fish and Wildlife for accomplishment of planned projects.
Twenty percent of said funds shall be retained by the Forest Service for
planning and administering projects. Project selection and
prioritization shall be accomplished by the Forest Service with such
consultation with the State of Washington as the Forest Service deems
appropriate.
Funds appropriated to the Forest Service shall be available for
payments to counties within the Columbia River Gorge National Scenic
Area, pursuant to sections 14(c)(1) and (2), and section 16(a)(2) of
Public Law 99-663.
The Secretary of Agriculture is authorized to enter into grants,
contracts, and cooperative agreements as appropriate with the Pinchot
Institute for Conservation, as well as with public and other private
agencies, organizations, institutions, and individuals, to provide for
the development, administration, maintenance, or restoration of land,
facilities, or Forest Service programs, at the Grey Towers National
Historic Landmark: Provided, That, subject to such terms and conditions
as the Secretary of Agriculture may prescribe, any such public or
private agency, organization, institution, or individual may solicit,
accept, and administer private gifts of money and real or personal
property for the benefit of, or in connection with, the activities and
services at the Grey Towers National Historic Landmark: Provided
further, That such gifts may be accepted notwithstanding the fact that a
donor conducts business with the Department of Agriculture in any
capacity.
Funds appropriated to the Forest Service shall be available, as
determined by the Secretary, for payments to Del Norte County,
California, pursuant to sections 13(e) and 14 of the Smith River
National Recreation Area Act (Public Law 101-612).
For purposes of the Southeast Alaska Economic Disaster Fund as set
forth in section 101(c) of Public Law 104-134, the direct grants
provided in subsection (c) shall be considered direct payments for
purposes of all applicable law except that these direct grants may not
be used for lobbying activities.
No employee of the Department of Agriculture may be detailed or
assigned from an agency or office funded by this Act to any other agency
or office of the Department for more than 30 days unless the
individual's employing agency or office is fully reimbursed by the
receiving agency or office for the salary and expenses of the employee
for the period of assignment.
The Forest Service shall fund overhead, national commitments,
indirect expenses, and any other category for use of funds which are
expended at any units, that are not directly related to the
accomplishment of specific work on-the-ground (referred to as ``indirect
expenditures''), from funds available to the Forest Service, unless
otherwise prohibited by law: Provided, That not later than
[[Page 112 STAT. 2681-275]]
90 days after the date of the enactment of this Act, the Forest Service
shall provide, to the Committees on Appropriations of the House of
Representatives and Senate, proposed definitions, which are consistent
with Federal Accounting Standards Advisory Board standards, to be used
with the fiscal year 2000 budget, for indirect expenditures: Provided
further, That the Forest Service shall implement and adhere to the
definitions on a nationwide basis without flexibility for modification
by any organizational level except the Washington Office, and when
changed by the Washington Office, such changes in definition shall be
reported in budget requests submitted by the Forest Service: Provided
further, That the Forest Service shall provide in the fiscal year 2000
budget justification, planned indirect expenditures in accordance with
the definitions, summarized and displayed to the Regional, Station,
Area, and detached unit office level. The justification shall display
the estimated source and amount of indirect expenditures, by expanded
budget line item, of funds in the agency's annual budget justification.
The display shall include
appropriated funds and the Knutson-Vandenberg, Brush Disposal,
Cooperative Work-Other, and Salvage Sale funds. Changes between
estimated and actual indirect expenditures shall be reported in
subsequent budget justifications: Provided further, That during fiscal
year 2000 the Secretary shall limit total annual indirect obligations
from the Brush Disposal, Cooperative Work-Other, Knutson-Vandenberg,
Reforestation, Salvage Sale, and Roads and Trails funds to 20 percent of
the total obligations from each fund: Provided further, That not later
than 90 days after the date of the enactment of this Act, the Forest
Service shall provide a plan which addresses how the agency will fully
integrate all indirect expenditure information into the agency's general
ledger system.
DEPARTMENT OF ENERGY
clean coal technology
Of the funds made available under this heading for obligation in
prior years, $10,000,000 of such funds shall not be available until
October 1, 1999; $15,000,000 shall not be available until October 1,
2000; and $15,000,000 shall not be available until October 1, 2001:
Provided, That funds made available in previous appropriations Acts
shall be available for any ongoing project regardless of the separate
request for proposal under which the project was selected.
fossil energy research and development
For necessary expenses in carrying out fossil energy research and
development activities, under the authority of the Department of Energy
Organization Act (Public Law 95-91), including the acquisition of
interest, including defeasible and equitable interests in any real
property or any facility or for plant or facility acquisition or
expansion, and for conducting inquiries, technological investigations
and research concerning the extraction, processing, use, and disposal of
mineral substances without objectionable social and environmental costs
(30 U.S.C. 3, 1602, and 1603), performed under the minerals and
materials science programs at the Albany
[[Page 112 STAT. 2681-276]]
Research Center in Oregon, $384,056,000, to remain available until
expended: Provided, That no part of the sum herein made available shall
be used for the field testing of nuclear explosives in the recovery of
oil and gas.
alternative fuels production
Moneys received as investment income on the principal amount in the
Great Plains Project Trust at the Norwest Bank of North Dakota, in such
sums as are earned as of October 1, 1998, shall be deposited in this
account and immediately transferred to the general fund of the Treasury.
Moneys received as revenue sharing from operation of the Great Plains
Gasification Plant shall be immediately transferred to the general fund
of the Treasury.
naval petroleum and oil shale reserves
For necessary expenses in carrying out naval petroleum and oil shale
reserve activities, $14,000,000, to remain available until expended:
Provided, <<NOTE: 10 USC 7430 note. elk hills school lands fund>> That
the requirements of 10 U.S.C. 7430(b)(2)(B) shall not apply to fiscal
year 1999: Provided further, That, notwithstanding any other provision
of law, funds available pursuant to the first proviso under this heading
in Public Law 101-512 shall be immediately available for all naval
petroleum and oil shale reserve activities.
For necessary expenses in fulfilling the first installment payment
under the Settlement Agreement entered into by the United States and the
State of California on October 11, 1996, as authorized by section 3415
of Public Law 104-106, $36,000,000 for payment to the State of
California for the State Teachers' Retirement Fund from the Elk Hills
School Lands Fund.
energy conservation
For necessary expenses in carrying out energy conservation
activities, $691,701,000, to remain available until expended, including,
notwithstanding any other provision of law, $64,000,000, which shall be
transferred to this account from amounts held in escrow under section
3002(d) of Public Law 95-509 (15 U.S.C. 4501(d)): Provided, That
$166,000,000 shall be for use in energy conservation programs as defined
in section 3008(3) of Public Law 99-509 (15 U.S.C. 4507): Provided
further, That notwithstanding section 3003(d)(2) of Public Law 99-509
such sums shall be allocated to the eligible programs as follows:
$133,000,000 for weatherization assistance grants and $33,000,000 for
State energy conservation grants.
economic regulation
For necessary expenses in carrying out the activities of the Office
of Hearings and Appeals, $1,801,000, to remain available until expended.
[[Page 112 STAT. 2681-277]]
strategic petroleum reserve
For necessary expenses for Strategic Petroleum Reserve facility
development and operations and program management activities pursuant to
the Energy Policy and Conservation Act of 1975, as amended (42 U.S.C.
6201 et seq.), $160,120,000, to remain available until expended.
energy information administration
For necessary expenses in carrying out the activities of the Energy
Information Administration, $70,500,000, to remain available until
expended.
Appropriations under this Act for the current fiscal year shall be
available for hire of passenger motor vehicles; hire, maintenance, and
operation of aircraft; purchase, repair, and cleaning of uniforms; and
reimbursement to the General Services Administration for security guard
services.
From appropriations under this Act, transfers of sums may be made to
other agencies of the Government for the performance of work for which
the appropriation is made.
None of the funds made available to the Department of Energy under
this Act shall be used to implement or finance authorized price support
or loan guarantee programs unless specific provision is made for such
programs in an appropriations Act.
The Secretary is authorized to accept lands, buildings, equipment,
and other contributions from public and private sources and to prosecute
projects in cooperation with other agencies, Federal, State, private or
foreign: Provided, That revenues and other moneys received by or for the
account of the Department of Energy or otherwise generated by sale of
products in connection with projects of the Department appropriated
under this Act may be retained by the Secretary of Energy, to be
available until expended, and used only for plant construction,
operation, costs, and payments to cost-sharing entities as provided in
appropriate cost-sharing contracts or agreements: Provided further, That
the remainder of revenues after the making of such payments shall be
covered into the Treasury as miscellaneous receipts: Provided further,
That any contract, agreement, or provision thereof entered into by
the Secretary pursuant to this authority shall not be executed prior to
the expiration of 30 calendar days (not including any day in which
either House of Congress is not in session because of adjournment of
more than three calendar days to a day certain) from the receipt by the
Speaker of the House of Representatives and the President of the Senate
of a full comprehensive report on such project, including the facts and
circumstances relied upon in support of the proposed project.
No funds provided in this Act may be expended by the Department of
Energy to prepare, issue, or process procurement documents for programs
or projects for which appropriations have not been made.
In addition to other authorities set forth in this Act, the
Secretary may accept fees and contributions from public and private
sources, to be deposited in a contributed funds account, and
[[Page 112 STAT. 2681-278]]
prosecute projects using such fees and contributions in cooperation with
other Federal, State or private agencies or concerns.
The Secretary in fiscal year 1999 and thereafter, shall continue the
process begun in fiscal year 1998 of accepting funds from other Federal
agencies in return for assisting agencies in achieving energy efficiency
in Federal facilities and operations by the use of privately financed,
energy savings performance contracts and other private financing
mechanisms. The funds may be provided after agencies begin to realize
energy cost savings; may be retained by the Secretary until expended;
and may be used only for the purpose of assisting Federal agencies in
achieving greater efficiency, water conservation and use of renewable
energy by means of privately financed mechanisms, including energy
savings performance contracts and utility incentive programs. These
recovered funds will continue to be used to administer even greater
energy efficiency, water conservation and use of renewable energy by
means of privately financed mechanisms such as utility efficiency
service contracts and energy savings performance contracts. The
recoverable funds will be used for all necessary program expenses,
including contractor support and resources needed, to achieve overall
Federal energy management program objectives for greater energy savings.
Any such privately financed contracts shall meet the provisions of the
Energy Policy Act of 1992, Public Law 102-486 regarding energy savings
performance contracts and utility incentive programs.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
For expenses necessary to carry out the Act of August 5, 1954 (68
Stat. 674), the Indian Self-Determination Act, the Indian Health Care
Improvement Act, and titles II and III of the Public Health Service Act
with respect to the Indian Health Service, $1,950,322,000, together with
payments received during the fiscal year pursuant to 42 U.S.C. 238(b)
for services furnished by the Indian Health Service: Provided, That
funds made available to tribes and tribal organizations through
contracts, grant agreements, or any other agreements or compacts
authorized by the Indian Self-Determination and Education Assistance Act
of 1975 (25 U.S.C. 450), shall be deemed to be obligated at the time of
the grant or contract award and thereafter shall remain available to the
tribe or tribal organization without fiscal year limitation: Provided
further, That $12,000,000 shall remain available until expended, for the
Indian Catastrophic Health Emergency Fund: Provided further, That
$373,801,000 for contract medical care shall remain available for
obligation until September 30, 2000: Provided further, That of the funds
provided, up to $17,000,000 shall be used to carry
out the loan repayment program under section 108 of the Indian Health
Care Improvement Act: Provided further, That funds provided in this Act
may be used for one-year contracts and grants which are to be performed
in two fiscal years, so long as the total obligation is recorded in the
year for which the funds are appropriated: Provided further, That the
amounts collected by the Secretary of Health and Human Services under
the authority of
[[Page 112 STAT. 2681-279]]
title IV of the Indian Health Care Improvement Act shall remain
available until expended for the purpose of achieving compliance with
the applicable conditions and requirements of titles XVIII and XIX of
the Social Security Act (exclusive of planning, design, or construction
of new facilities): Provided further, That funding contained herein, and
in any earlier appropriations Acts for scholarship programs under the
Indian Health Care Improvement Act (25 U.S.C. 1613) shall remain
available for obligation until September 30, 2000: Provided further,
That amounts received by tribes and tribal organizations under title IV
of the Indian Health Care Improvement Act shall be reported and
accounted for and available to the receiving tribes and tribal
organizations until expended: Provided further, That, notwithstanding
any other provision of law, of the amounts provided herein, not to
exceed $203,781,000 shall be for payments to tribes and tribal
organizations for contract or grant support costs associated with
contracts, grants, self-governance compacts or annual funding agreements
between the Indian Health Service and a tribe or tribal organization
pursuant to the Indian Self-Determination Act of 1975, as amended, prior
to or during fiscal year 1999: Provided further, That funds provided to
the Ponca Indian Tribe of Nebraska in previous fiscal years that were
retained by the tribe to carry out the programs and functions of the
Indian Health Service may be used by the tribe to obtain approved
clinical space to carry out the program.
indian health facilities
For construction, repair, maintenance, improvement, and equipment of
health and related auxiliary facilities, including quarters for
personnel; preparation of plans, specifications, and drawings;
acquisition of sites, purchase and erection of modular buildings, and
purchases of trailers; and for provision of domestic and community
sanitation facilities for Indians, as authorized by section 7 of the Act
of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination Act,
and the Indian Health Care Improvement Act, and for expenses necessary
to carry out such Acts and titles II and III of the Public Health
Service Act with respect to environmental health and facilities support
activities of the Indian Health Service, $289,465,000, to remain
available until expended: Provided, That notwithstanding any other
provision of law, funds appropriated for the planning, design,
construction or renovation of health facilities for the benefit of an
Indian tribe or tribes may be used to purchase land for sites to
construct, improve, or enlarge health or related facilities.
administrative provisions, indian health service
Appropriations in this Act to the Indian Health Service shall be
available for services as authorized by 5 U.S.C. 3109 but at rates not
to exceed the per diem rate equivalent to the maximum rate payable for
senior-level positions under 5 U.S.C. 5376; hire of passenger motor
vehicles and aircraft; purchase of medical equipment; purchase of
reprints; purchase, renovation and erection of modular buildings and
renovation of existing facilities; payments for telephone service in
private residences in the field, when authorized under regulations
approved by the Secretary; and for uniforms or allowances therefore as
authorized by 5 U.S.C. 5901-5902; and for expenses of attendance at
meetings which are concerned with
[[Page 112 STAT. 2681-280]]
the functions or activities for which the appropriation is made or which
will contribute to improved conduct, supervision, or management of those
functions or activities: Provided, That in accordance with the
provisions of the Indian Health Care Improvement Act, non-Indian
patients may be extended health care at all tribally administered or
Indian Health Service facilities, subject to charges, and the proceeds
along with funds recovered under the Federal Medical Care Recovery Act
(42 U.S.C. 2651-2653) shall be credited to the account of the facility
providing the service and shall be available without fiscal year
limitation: Provided further, That notwithstanding any other law or
regulation, funds transferred from the Department of Housing and Urban
Development to the Indian Health Service shall be administered under
Public Law 86-121 (the Indian Sanitation Facilities Act) and Public Law
93-638, as amended: Provided further, That funds appropriated to the
Indian Health Service in this Act, except those used for administrative
and program direction purposes, shall not be subject to limitations
directed at curtailing Federal travel and transportation: Provided
further, That notwithstanding any other provision of law, funds
previously or herein made available to a tribe or tribal organization
through a contract, grant, or agreement authorized by title I or title
III of the Indian Self-Determination and Education Assistance Act of
1975 (25 U.S.C. 450), may be deobligated and reobligated to a self-
determination contract under title I, or a self-governance agreement
under title III of such Act and thereafter shall remain available to the
tribe or tribal organization without fiscal year limitation: Provided
further, That none of the funds made available to the Indian Health
Service in this Act shall be used to implement the final rule published
in the Federal Register on September 16, 1987, by the Department of
Health and Human Services, relating to the eligibility for the health
care services of the Indian Health Service until the Indian Health
Service has submitted a budget request reflecting the increased costs
associated with the proposed final rule, and such request has been
included in an appropriations Act and enacted into law: Provided
further, That funds made available in this Act are to be apportioned to
the Indian Health Service as appropriated in this Act, and accounted for
in the appropriation structure set forth in this Act: Provided further,
That with respect to functions transferred by the Indian Health Service
to tribes or tribal organizations, the Indian Health Service is
authorized to provide goods and services to those entities, on a
reimbursable basis, including payment in advance with subsequent
adjustment, and the reimbursements received therefrom, along with the
funds received from those entities pursuant to the Indian Self-
Determination Act, may be credited to the same or subsequent
appropriation account which provided the funding, said amounts to remain
available until expended: Provided further, <<NOTE: 25 USC 450j-
2.>> That, heretofore and hereafter and notwithstanding any other
provision of law, funds available to the Indian Health Service in this
Act or any other Act for Indian self-determination or self-governance
contract or grant support costs may be expended only for costs directly
attributable to contracts, grants and compacts pursuant to the Indian
Self-Determination Act and no funds appropriated by this or any other
Act shall be available for any contract support costs or indirect costs
associated with any contract, grant, cooperative agreement, self-
governance compact, or funding agreement entered into between an Indian
tribe or tribal organization
[[Page 112 STAT. 2681-281]]
and any entity other than the Indian Health Service: Provided further,
That reimbursements for training, technical assistance, or services
provided by the Indian Health Service will contain total costs,
including direct, administrative, and overhead associated with the
provision of goods, services, or technical assistance: Provided further,
That the appropriation structure for the Indian Health Service may not
be altered without advance approval of the House and Senate Committees
on Appropriations.
OTHER RELATED AGENCIES
Office of Navajo and Hopi Indian Relocation
salaries and expenses
For necessary expenses of the Office of Navajo and Hopi Indian
Relocation as authorized by Public Law 93-531, $13,000,000, to remain
available until expended: Provided, That funds provided in this or any
other appropriations Act are to be used to relocate eligible individuals
and groups including evictees from District 6, Hopi-partitioned lands
residents, those in significantly substandard housing, and all others
certified as eligible and not included in the preceding categories:
Provided further, That none of the funds contained in this or any other
Act may be used by the Office of Navajo and Hopi Indian Relocation to
evict any single Navajo or Navajo family who, as of November 30, 1985,
was physically domiciled on the
lands partitioned to the Hopi Tribe unless a new or replacement home is
provided for such household: Provided further, That no relocatee will be
provided with more than one new or replacement home: Provided further,
That the Office shall relocate any certified eligible relocatees who
have selected and received an approved homesite on the Navajo
reservation or selected a replacement residence off the Navajo
reservation or on the land acquired pursuant to 25 U.S.C. 640d-10.
Institute of American Indian and Alaska Native Culture and Arts
Development
payment to the institute
For payment to the Institute of American Indian and Alaska Native
Culture and Arts Development, as authorized by title XV of Public Law
99-498, as amended (20 U.S.C. 56 part A), $4,250,000.
Smithsonian Institution
salaries and expenses
For necessary expenses of the Smithsonian Institution, as authorized
by law, including research in the fields of art, science, and history;
development, preservation, and documentation of the National
Collections; presentation of public exhibits and performances;
collection, preparation, dissemination, and exchange of information and
publications; conduct of education, training, and museum assistance
programs; maintenance, alteration, operation, lease (for terms not to
exceed 30 years), and protection of buildings, facilities, and
approaches; not to exceed $100,000 for services as authorized by 5
U.S.C. 3109; up to 5 replacement passenger
[[Page 112 STAT. 2681-282]]
vehicles; purchase, rental, repair, and cleaning of uniforms for
employees; $347,154,000, of which not to exceed $38,165,000 for the
instrumentation program, collections acquisition, Museum Support Center
equipment and move, exhibition reinstallation, the National Museum of
the American Indian, the repatriation of skeletal remains program,
research equipment, information management, and Latino programming shall
remain available until expended, and including such funds as may be
necessary to support American overseas research centers and a total of
$125,000 for the Council of American Overseas Research Centers:
Provided, That funds appropriated herein are available for advance
payments to independent contractors performing research services or
participating in official Smithsonian presentations.
construction and improvements, national zoological park
For necessary expenses of planning, construction, remodeling, and
equipping of buildings and facilities at the National Zoological Park,
by contract or otherwise, $4,400,000, to remain available until
expended.
repair and restoration of buildings
For necessary expenses of repair and restoration of buildings owned
or occupied by the Smithsonian Institution, by contract or otherwise, as
authorized by section 2 of the Act of August 22, 1949 (63 Stat. 623),
including not to exceed $10,000 for services as authorized by 5 U.S.C.
3109, $40,000,000, to remain available until expended: Provided, That
contracts awarded for environmental systems, protection systems, and
exterior repair or restoration of buildings of the Smithsonian
Institution may be negotiated with selected contractors and awarded on
the basis of contractor qualifications as well as price.
construction
For necessary expenses for construction, $16,000,000, to remain
available until expended: Provided, That notwithstanding any other
provision of law, a single procurement for the construction of the
National Museum of the American Indian may be issued which includes the
full scope of the project: Provided further, That the solicitation and
the contract shall contain the clause ``availability of funds'' found at
48 CFR 52.232.18.
None of the funds in this or any other Act may be used to initiate
the design of any expansion of current
space or new facility without consultation with the House and Senate
Appropriations Committees.
None of the funds in this or any other Act may be used to prepare a
historic structures report, or for any other purpose, involving the Holt
House located at the National Zoological Park in Washington, D.C.
The Smithsonian Institution shall not use Federal funds in excess of
the amount specified in Public Law 101-185 for the construction of the
National Museum of the American Indian.
[[Page 112 STAT. 2681-283]]
National Gallery of Art
For the upkeep and operations of the National Gallery of Art, the
protection and care of the works of art therein, and administrative
expenses incident thereto, as authorized by the Act of March 24, 1937
(50 Stat. 51), as amended by the public resolution of April 13, 1939
(Public Resolution 9, Seventy-sixth Congress), including services as
authorized by 5 U.S.C. 3109; payment in advance when authorized by the
treasurer of the Gallery for membership in library, museum, and art
associations or societies whose publications or services are available
to members only, or to members at a price lower than to the general
public; purchase, repair, and cleaning of uniforms for guards, and
uniforms, or allowances therefor, for other employees as authorized by
law (5 U.S.C. 5901-5902); purchase or rental of devices and services for
protecting buildings and contents thereof, and maintenance, alteration,
improvement, and repair of buildings, approaches, and grounds; and
purchase of services for restoration and repair of works of art for the
National Gallery of Art by contracts made, without advertising, with
individuals, firms, or organizations at such rates or prices and under
such terms and conditions as the Gallery may deem proper, $57,938,000 of
which not to exceed $3,026,000 for the special exhibition program shall
remain available until expended.
For necessary expenses of repair, restoration and renovation of
buildings, grounds and facilities owned or occupied by the National
Gallery of Art, by contract or otherwise, as authorized, $6,311,000, to
remain available until expended: Provided, That contracts awarded for
environmental systems, protection systems, and exterior repair or
renovation of buildings of the National Gallery of Art may be negotiated
with selected contractors and awarded on the basis of contractor
qualifications as well as price.
John F. Kennedy Center for the Performing Arts
For necessary expenses for the operation, maintenance and security
of the John F. Kennedy Center for the Performing Arts, $12,187,000.
For necessary expenses for capital repair and rehabilitation of the
existing features of the building and site of the John F. Kennedy Center
for the Performing Arts, $20,000,000, to remain available until
expended.
Woodrow Wilson International Center for Scholars
For expenses necessary in carrying out the provisions of the Woodrow
Wilson Memorial Act of 1968 (82 Stat. 1356) including
[[Page 112 STAT. 2681-284]]
hire of passenger vehicles and services as authorized by 5 U.S.C. 3109,
$5,840,000.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, as amended, $83,500,000 shall be
available to the National Endowment for the Arts for the support of
projects
and productions in the arts through assistance to organizations and
individuals pursuant to sections 5(c) and 5(g) of the Act, for program
support, and for administering the functions of the Act, to remain
available until expended.
To carry out the provisions of section 10(a)(2) of the National
Foundation on the Arts and the Humanities Act of 1965, as amended,
$14,500,000, to remain available until expended, to the National
Endowment for the Arts: Provided, That this appropriation shall be
available for obligation only in such amounts as may be equal to the
total amounts of gifts, bequests, and devises of money, and other
property accepted by the chairman or by grantees of the Endowment under
the provisions of section 10(a)(2), subsections 11(a)(2)(A) and
11(a)(3)(A) during the current and preceding fiscal years for which
equal amounts have not previously been appropriated.
National Endowment for the Humanities
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, as amended, $96,800,000, shall be
available to the National Endowment for the Humanities for support of
activities in the humanities, pursuant to section 7(c) of the Act, and
for administering the functions of the Act, to remain available until
expended.
To carry out the provisions of section 10(a)(2) of the National
Foundation on the Arts and the Humanities Act of 1965, as amended,
$13,900,000, to remain available until expended, of which $9,900,000
shall be available to the National Endowment for the Humanities for the
purposes of section 7(h): Provided, That this appropriation shall be
available for obligation only in such amounts as may be equal to the
total amounts of gifts, bequests, and devises of money, and other
property accepted by the chairman or by grantees of the Endowment under
the provisions of subsections 11(a)(2)(B) and 11(a)(3)(B) during the
current and preceding fiscal years for which equal amounts have not
previously been appropriated.
[[Page 112 STAT. 2681-285]]
Institute of Museum and Library Services
For carrying out subtitle C of the Museum and Library Services Act
of 1996, as amended, $23,405,000, to remain available until expended.
administrative provisions
None of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used to process any grant or contract
documents which do not include the text of 18 U.S.C. 1913: Provided,
That none of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used for official reception and
representation expenses: Provided further, That funds from
nonappropriated sources may be used as necessary for official reception
and representation expenses.
Commission of Fine Arts
For expenses made necessary by the Act establishing a Commission of
Fine Arts (40 U.S.C. 104), $898,000.
For necessary expenses as authorized by Public Law 99-190 (20 U.S.C.
956(a)), as amended, $7,000,000.
Advisory Council on Historic Preservation
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665, as amended), $2,800,000: Provided, That
none of these funds shall be available for compensation of level V of
the Executive Schedule or higher positions.
National Capital Planning Commission
For necessary expenses, as authorized by the National Capital
Planning Act of 1952 (40 U.S.C. 71-71i), including services as
authorized by 5 U.S.C. 3109,
$5,954,000: Provided, That all appointed members will be compensated at
a rate not to exceed the rate for level IV of the Executive Schedule.
United States Holocaust Memorial Council
For expenses of the Holocaust Memorial Council, as authorized by
Public Law 96-388 (36 U.S.C. 1401), as amended, $32,107,000, of which
$1,575,000 for the museum's repair and rehabilitation program and
$1,264,000 for the museum's exhibitions program shall remain available
until expended.
[[Page 112 STAT. 2681-286]]
Presidio Trust
For necessary expenses to carry out title I of the Omnibus Parks and
Public Lands Management Act of 1996, $14,913,000 shall be available to
the Presidio Trust, to remain available until expended. The Trust is
authorized to issue obligations to the Secretary of the Treasury
pursuant to section 104(d)(3) of the Act, in an amount not to exceed
$20,000,000.
TITLE III--GENERAL PROVISIONS
Sec. 301. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to 5
U.S.C. 3109, shall be limited to those contracts where such expenditures
are a matter of public record and available for public inspection,
except where otherwise provided under existing law, or under existing
Executive Order issued pursuant to existing law.
Sec. 302. No part of any appropriation under this Act shall be
available to the Secretary of the Interior or the Secretary of
Agriculture for the leasing of oil and natural gas by noncompetitive
bidding on publicly owned lands within the boundaries of the Shawnee
National Forest, Illinois: Provided, That nothing herein is intended to
inhibit or otherwise affect the sale, lease, or right to access to
minerals owned by private individuals.
Sec. 303. No part of any appropriation contained in this Act shall
be available for any activity or the publication or distribution of
literature that in any way tends to promote public support or opposition
to any legislative proposal on which congressional action is not
complete.
Sec. 304. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 305. None of the funds provided in this Act to any department
or agency shall be obligated or expended to provide a personal cook,
chauffeur, or other personal servants to any officer or employee of such
department or agency except as otherwise provided by law.
Sec. 306. No assessments may be levied against any program, budget
activity, subactivity, or project funded by this Act unless advance
notice of such assessments and the basis therefor are presented to the
Committees on Appropriations and are approved by such Committees.
Sec. 307. (a) Compliance With Buy American Act.--None of the funds
made available in this Act may be expended by an entity unless the
entity agrees that in expending the funds the entity will comply with
sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c;
popularly known as the ``Buy American Act'').
(b) Sense of Congress; Requirement Regarding Notice.--
(1) Purchase of american-made equipment and products.--In
the case of any equipment or product that may be authorized to
be purchased with financial assistance provided using funds made
available in this Act, it is the sense of the Congress that
entities receiving the assistance should,
[[Page 112 STAT. 2681-287]]
in expending the assistance, purchase only American-made
equipment and products.
(2) Notice to recipients of assistance.--In providing
financial assistance using funds made available in this Act, the
head of each Federal agency shall provide to each recipient of
the assistance
a notice describing the statement made in paragraph (1) by the Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling Products
as Made in America.--If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States that is
not made in the United States, the person shall be ineligible to receive
any contract or subcontract made with funds made available in this Act,
pursuant to the debarment, suspension, and ineligibility procedures
described in sections 9.400 through 9.409 of title 48, Code of Federal
Regulations.
Sec. 308. None of the funds in this Act may be used to plan,
prepare, or offer for sale timber from trees classified as giant sequoia
(Sequoiadendron giganteum) which are located on National Forest System
or Bureau of Land Management lands in a manner different than such sales
were conducted in fiscal year 1995.
Sec. 309. None of the funds made available by this Act may be
obligated or expended by the National Park Service to enter into or
implement a concession contract which permits or requires the removal of
the underground lunchroom at the Carlsbad Caverns National Park.
Sec. 310. None of the funds appropriated or otherwise made available
by this Act may be used for the AmeriCorps program, unless the relevant
agencies of the Department of the Interior and/or Agriculture follow
appropriate reprogramming guidelines: Provided, That if no funds are
provided for the AmeriCorps program by the Departments of Veterans
Affairs and Housing and Urban Development, and Independent Agencies
Appropriations Act, 1999, then none of the funds appropriated or
otherwise made available by this Act may be used for the AmeriCorps
programs.
Sec. 311. None of the funds made available in this Act may be used:
(1) to demolish the bridge between Jersey City, New Jersey, and Ellis
Island; or (2) to prevent pedestrian use of such bridge, when it is made
known to the Federal official having authority to obligate or expend
such funds that such pedestrian use is consistent with generally
accepted safety standards.
Sec. 312. (a) Limitation of Funds.--None of the funds appropriated
or otherwise made available pursuant to this Act shall be obligated or
expended to accept or process applications for a patent for any mining
or mill site claim located under the general mining laws.
(b) Exceptions.--The provisions of subsection (a) shall not apply if
the Secretary of the Interior determines that, for the claim concerned:
(1) a patent application was filed with the Secretary on or before
September 30, 1994; and (2) all requirements established under sections
2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein or
lode claims and sections 2329, 2330, 2331, and 2333 of the Revised
Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and section 2337
of the Revised Statutes (30 U.S.C. 42) for mill site claims, as the case
may be, were fully complied with by the applicant by that date.
[[Page 112 STAT. 2681-288]]
(c) Report.--On September 30, 1999, the Secretary of the Interior
shall file with the House and Senate Committees on Appropriations and
the Committee on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a report on
actions taken by the Department under the plan submitted pursuant to
section 314(c) of the Department of the Interior and Related Agencies
Appropriations Act, 1997 (Public Law 104-208).
(d) Mineral Examinations.--In order to process patent applications
in a timely and responsible manner, upon the request of a patent
applicant, the Secretary of the Interior shall allow the applicant to
fund a qualified third-party contractor to be selected by the Bureau of
Land Management to conduct a mineral examination of
the mining claims or mill sites contained in a patent application as set
forth in subsection (b). The Bureau of Land Management shall have the
sole responsibility to choose and pay the third-party contractor in
accordance with the standard procedures employed by the Bureau of Land
Management in the retention of third-party contractors.
Sec. 313. None of the funds appropriated or otherwise made available
by this Act may be used for the purposes of acquiring lands in the
counties of Gallia, Lawrence, Monroe, or Washington, Ohio, for the Wayne
National Forest.
Sec. 314. Notwithstanding any other provision of law, amounts
appropriated to or earmarked in committee reports for the Bureau of
Indian Affairs and the Indian Health Service by Public Laws 103-138,
103-332, 104-134, 104-208 and 105-83 for payments to tribes and tribal
organizations for contract support costs associated with self-
determination or self-governance contracts, grants, compacts, or annual
funding agreements with the Bureau of Indian Affairs or the Indian
Health Service as funded by such Acts, are the total amounts available
for fiscal years 1994 through 1998 for such purposes, except that, for
the Bureau of Indian Affairs, tribes and tribal organizations may use
their tribal priority allocations for unmet indirect costs of ongoing
contracts, grants, self-governance compacts or annual funding
agreements.
Sec. 315. Notwithstanding any other provision of law, for fiscal
year 1999 the Secretaries of Agriculture and the Interior are authorized
to limit competition for watershed restoration project contracts as part
of the ``Jobs in the Woods'' component of the President's Forest Plan
for the Pacific Northwest to individuals and entities in historically
timber-dependent areas in the States of Washington, Oregon, and northern
California that have been affected by reduced timber harvesting on
Federal lands.
Sec. 316. None of the funds collected under the Recreational Fee
Demonstration program may be used to plan, design, or construct a
visitor center or any other permanent structure without prior approval
of the House and the Senate Committees on Appropriations if the
estimated total cost of the facility exceeds $500,000.
Sec. 317. (a) None of the funds made available in this Act or any
other Act providing appropriations for the Department of the Interior,
the Forest Service or the Smithsonian Institution may be used to submit
nominations for the designation of Biosphere Reserves pursuant to the
Man and Biosphere program administered by the United Nations
Educational, Scientific, and Cultural Organization.
[[Page 112 STAT. 2681-289]]
(b) The provisions of this section shall be repealed upon enactment
of subsequent legislation specifically authorizing United States
participation in the Man and Biosphere program.
Sec. 318. <<NOTE: 16 USC 459j-4 note.>> None of the funds made
available in this or any other Act for any fiscal year may be used to
designate, or to post any sign designating, any portion of Canaveral
National Seashore in Brevard County, Florida, as a clothing-optional
area or as an area in which public nudity is permitted, if such
designation would be contrary to county ordinance.
Sec. 319. Of the funds provided to the National Endowment for the
Arts--
(1) The Chairperson shall only award a grant to an
individual if such grant is awarded to such individual for a
literature fellowship, National Heritage Fellowship, or American
Jazz Masters Fellowship.
(2) The Chairperson shall establish procedures to ensure
that no funding provided through a grant, except a grant made to
a State or local arts agency, or regional group, may be used to
make a grant to any other organization or individual to conduct
activity independent of the direct grant recipient.
Nothing in this subsection shall prohibit payments made in exchange for
goods and services.
(3) No grant shall be used for seasonal support to a group,
unless the application is specific to the contents of the
season, including identified programs and/or projects.
Sec. 320. The National Endowment for the Arts and the National
Endowment for the Humanities are authorized to solicit, accept, receive,
and invest in the name of the United States, gifts, bequests, or devises
of money and other property or services and to use such in furtherance
of the functions of the National Endowment for the Arts and the National
Endowment for the Humanities. Any proceeds from such gifts, bequests, or
devises, after acceptance by the National Endowment for the Arts or the
National Endowment for the Humanities, shall be paid by the donor or the
representative of the donor to the Chairman. The Chairman shall enter
the proceeds in a special interest-bearing account to the credit of the
appropriate Endowment for the purposes specified in each case.
Sec. 321. No part of any appropriation contained in this Act shall
be expended or obligated to fund new revisions of national forest land
management plans until new final or interim final rules for forest land
management planning are published in the Federal Register. Those
national forests which are currently in a revision process, having
formally published a Notice of Intent to revise prior to October 1,
1997; those national forests having been court-ordered to revise; those
national forests where plans reach the fifteen year legally mandated
date to revise before or during calendar year 2000; national forests
within the Interior Columbia Basin Ecosystem study area; and the White
Mountain National Forest are exempt from this section and may use funds
in this Act and proceed to complete the forest plan revision in
accordance with current forest planning regulations.
Sec. 322. No part of any appropriation contained in this Act shall
be expended or obligated to complete and issue the five-year program
under the Forest and Rangeland Renewable Resources Planning Act.
[[Page 112 STAT. 2681-290]]
Sec. 323. (a) <<NOTE: 16 USC 1011 note.>> Watershed Restoration and
Enhancement Agreements.--For fiscal year 1999, 2000 and 2001, to the
extent funds are otherwise available, appropriations for the Forest
Service may be used by the Secretary of Agriculture for the purpose of
entering into cooperative agreements with willing Federal, tribal, State
and local governments, private and nonprofit entities and landowners for
the protection, restoration and enhancement of fish and wildlife
habitat, and other resources on public or private land, the reduction of
risk from natural disaster where public safety is threatened, or a
combination thereof or both that benefit these resources within the
watershed.
(b) Direct and Indirect Watershed Agreements.--The Secretary of
Agriculture may enter into a watershed restoration and enhancement
agreement--
(1) directly with a willing private landowner; or
(2) indirectly through an agreement with a State, local or
tribal government or other public entity, educational
institution, or private nonprofit organization.
(c) Terms and Conditions.--In order for the Secretary to enter into
a watershed restoration and enhancement agreement--
(1) the agreement shall--
(A) include such terms and conditions mutually
agreed to by the Secretary and the landowner, state or
local government, or private or nonprofit entity;
(B) improve the viability of and otherwise benefit
the fish, wildlife, and other resources on national
forests lands within the watershed;
(C) authorize the provision of technical assistance
by the Secretary in the planning of management
activities that will further the purposes of the
agreement;
(D) provide for the sharing of costs of implementing
the agreement among the Federal Government, the
landowner(s), and other entities, as mutually agreed on
by the affected interests; and
(E) ensure that any expenditure by the Secretary
pursuant to the agreement is determined by the Secretary
to be in the public interest; and
(2) the Secretary may require such other terms and
conditions as are necessary to protect the public investment on
non-Federal lands, provided such terms and conditions are
mutually agreed to by the Secretary and other landowners, State
and local governments or both.
(d) Reporting Requirements.--Not later than December 31, 1999, the
Secretary shall submit a report to the Committees on Appropriations of
the House and Senate, which contains--
(1) A concise description of each project, including the
project purpose, location on federal and non-federal land, key
activities, and all parties to the agreement.
(2) the funding and/or other contributions provided by each
party for each project agreement.
Sec. 324. (a) In providing services or awarding financial assistance
under the National Foundation on the Arts and the Humanities Act of 1965
from funds appropriated under this Act, the Chairperson of the National
Endowment for the Arts shall ensure that priority is given to providing
services or awarding financial assistance for projects, productions,
workshops, or programs that serve underserved populations.
[[Page 112 STAT. 2681-291]]
(b) In this section:
(1) The term ``underserved population'' means a population
of individuals who have historically been outside the purview of
arts and humanities programs due to factors such as a high
incidence of income below the poverty line or to geographic
isolation.
(2) The term ``poverty line'' means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a
family of the size involved.
(c) In providing services and awarding financial assistance under
the National Foundation on the Arts and Humanities Act of 1965 with
funds appropriated by this Act, the Chairperson of the National
Endowment for the Arts shall ensure that priority is given to providing
services or awarding financial assistance for projects, productions,
workshops, or programs that will encourage public knowledge, education,
understanding, and appreciation of the arts.
(d) With funds appropriated by this Act to carry out section 5 of
the National Foundation on the Arts and Humanities Act of 1965--
(1) the Chairperson shall establish a grant category for
projects, productions, workshops, or programs that are of
national impact or availability or are able to tour several
States;
(2) the Chairperson shall not make grants exceeding 15
percent, in the aggregate, of such funds to any single State,
excluding grants made under the authority of paragraph (1);
(3) the Chairperson shall report to the Congress annually
and by State, on grants awarded by the Chairperson in each grant
category under section 5 of such Act; and
(4) the Chairperson shall encourage the use of grants to
improve and support community-based music performance and
education.
Sec. 325. None of the funds in this Act may be used for planning,
design or construction of improvements to Pennsylvania Avenue in front
of the White House without the advance approval of the House and Senate
Committees on Appropriations.
Sec. 326. <<NOTE: 40 USC 1003 note.>> Notwithstanding the
provisions of section 1010(b) of the Commemorative Works Act (40 U.S.C.
1001 et seq.), the legislative authority for the international memorial
to honor the victims of communism, authorized under section 905 of
Public Law 103-199 (107 Stat. 2331), shall expire December 17, 2007.
<<NOTE: 16 USC 460l-6a note.>> Sec. 327. Section 101(c) of Public
Law 104-134, as amended, is further amended as follows: Under the
heading ``Title III--General Provisions'' amend section 315(f) (16
U.S.C. 460l-6a note) by striking ``September 30, 1999'' after the words
``and end on'' and inserting ``September 30, 2001'' and striking
``September 30, 2002'' after the words ``remain available through'' and
inserting ``September 30, 2004''.
Sec. 328. Notwithstanding any other provision of law, none of the
funds in this Act may be used to enter into any new or expanded self-
determination contract or grant or self-governance compact pursuant to
the Indian Self-Determination Act of 1975, as amended, for any
activities not previously covered by such contracts, compacts or grants.
Nothing in this section precludes the continuation of those specific
activities for which self-determination
[[Page 112 STAT. 2681-292]]
and self-governance contracts, compacts and grants currently exist or
the renewal of contracts, compacts and grants for those activities;
implementation of section 325 of Public Law 105-83 (111 Stat. 1597); or
compliance with 25 U.S.C. 2005.
Sec. 329. <<NOTE: 16 USC 535a.>> (a) Prohibition on Timber
Purchaser Road Credits.--In financing any forest development road
pursuant to section 4 of Public Law 88-657 (16 U.S.C. 535, commonly
known as the National Forest Roads and Trails Act), the Secretary of
Agriculture may not provide effective credit for road construction to
any purchaser of national forest timber or other forest products.
(b)(1) Construction of Roads by Timber Purchasers.--Whenever the
Secretary of Agriculture makes a determination that a forest development
road referred to in subsection (a) shall be constructed or paid for, in
whole or in part, by a purchaser of national forest timber or other
forest products, the Secretary shall include notice of the determination
in the notice of sale of the timber or other forest products. The notice
of sale shall contain, or announce the availability of, sufficient
information related to the road described in the notice to permit a
prospective bidder on the sale to calculate the likely cost that would
be incurred by the bidder to construct or finance the construction of
the road so that the bidder may reflect such cost in the bid.
(2) If there is an increase or decrease in the cost of roads
constructed by the timber purchaser, caused by variations in quantities,
changes or modifications subsequent to the sale of timber made in
accordance with applicable timber sale contract provisions, then an
adjustment to the price paid for timber harvested by the purchaser shall
be made. The adjustment shall be applied by the Secretary as soon as
practicable after any such design change is implemented.
(c) Special Election by Small Business Concerns.--(1) A notice of
sale referred to in subsection (b) containing specified road
construction of $50,000 or more, shall give a purchaser of national
forest timber or other forest products that qualifies as a ``small
business concern'' under the Small Business Act (15 U.S.C. 631 et seq.),
and regulations issued thereunder, the option to elect that the
Secretary of Agriculture build the roads described in the notice. The
Secretary shall provide the small business concern with an estimate of
the cost that would be incurred by the Secretary to construct the roads
on behalf of the small business concern. The notice of sale shall also
include the date on which the roads described in the notice will be
completed by the Secretary if the election is made.
(2) If the election referred to in paragraph (1) is made, the
purchaser of the national forest timber or other forest products shall
pay to the Secretary of Agriculture, in addition to the price paid for
the timber or other forest products, an amount equal to the estimated
cost of the roads which otherwise would be paid by the purchaser as
provided in the notice of sale. Pending receipt of such amount, the
Secretary may use receipts from the sale of national forest timber or
other forest products and such additional sums as may be appropriated
for the construction of roads, such funds to be available until
expended, to accomplish the requested road construction.
(d) Post Construction Harvesting.--In each sale of national forest
timber or other forest products referred to in this section, the
Secretary of Agriculture is encouraged to authorize harvest
[[Page 112 STAT. 2681-293]]
of the timber or other forest products in a unit included in the sale as
soon as road work for that unit is completed and the road work is
approved by the Secretary.
(e) Construction Standard.--For any forest development road that is
to be constructed or paid for by a purchaser of national forest timber
or other forest products, the Secretary of Agriculture may not require
the purchaser to design, construct, or maintain the road (or pay for the
design, construction, or maintenance of the road) to a standard higher
than the standard, consistent with applicable environmental laws and
regulations, that is sufficient for the harvesting and removal of the
timber or other forest products, unless the Secretary bears that part of
the cost necessary to meet the higher standard.
(f) Treatment of Road Value.--For any forest development road that
is constructed or paid for by a purchaser of national forest timber or
other forest products, the estimated cost of the road construction,
including subsequent design changes, shall be considered to be money
received for purposes of the payments required to be made under the
sixth paragraph under the heading ``FOREST SERVICE'' in the Act of May
23, 1908 (35 Stat. 260, 16 U.S.C. 500), and section 13 of the Act of
March 1, 1911 (35 Stat. 963; commonly known as the Weeks Act; 16 U.S.C.
500). To the extent that the appraised value of road construction
determined under this subsection reflects funds contributed by the
Secretary of Agriculture to build the road to a higher standard pursuant
to subsection (e), the Secretary shall modify the appraisal of the road
construction to exclude the effect of the Federal funds.
(g) Effective Date.--(1) This section and the requirements of this
section shall take effect (and apply thereafter) upon the earlier of--
(A) April 1, 1999; or
(B) the date that is the later of--
(i) the effective date of regulations issued by the
Secretary of Agriculture to implement this section; and
(ii) the date on which new timber sale contract
provisions designed to implement this section, that have
been published for public comment, are approved by the
Secretary.
(2) Notwithstanding paragraph (1), any sale of national forest
timber or other forest products for which notice of sale is provided
before the effective date of this section, and any effective purchaser
road credit earned pursuant to a contract resulting from such a notice
of sale or otherwise earned before that effective date shall remain in
effect, and shall continue to be subject to section 4 of Public Law 88-
657 and section 14(i) of the National Forest Management Act of 1976 (16
U.S.C. 472a(i)), and rules issued thereunder, as in effect on the day
before the date of the enactment of this Act.
Sec. 330. Section 6(b)(1)(B)(iii) of the National Foundation on the
Arts and Humanities Act of 1965 (20 U.S.C. 955(b)(1)(B)(iii)) is amended
by striking ``One'' and inserting ``Two''.
Sec. 331. Section 401(f) of Public Law 105-83 (111 Stat. 1610) is
hereby amended <<NOTE: 43 USC 1474d.>> by striking ``1998'' and
inserting in lieu thereof ``1999''.
Sec. 332. Amounts deposited during fiscal year 1998 in the roads and
trails fund provided for in the fourteenth paragraph under the heading
``FOREST SERVICE'' of the Act of March 4,
[[Page 112 STAT. 2681-294]]
1913 (37 Stat. 843; 16 U.S.C. 501), shall be used by the Secretary of
Agriculture, without regard to the State in which the amounts were
derived, to repair or reconstruct roads, bridges, and trails on National
Forest System lands or to carry out and administer projects to improve
forest health conditions, which may include the repair or reconstruction
of roads, bridges, and trails on National Forest System lands in the
wildland-community interface where there is an abnormally high risk of
fire. The projects shall emphasize reducing risks to human safety and
public health and property and enhancing ecological functions, long-term
forest productivity, and biological integrity. The Secretary shall
commence the projects during fiscal year 1999, but the projects may be
completed in a subsequent fiscal year. Funds shall not be expended under
this section to replace funds which would otherwise appropriately be
expended from the timber salvage sale fund. Nothing in this section
shall be construed to exempt any project from any environmental law.
Sec. 333. Section 5 of the Arts and Artifacts Indemnity Act (20
U.S.C. 974) is amended--
(1) in subsection (b) by striking ``$3,000,000,000'' and
inserting ``$5,000,000,000'';
(2) in subsection (c) by striking ``$300,000,000'' and
inserting ``$500,000,000'';
(3) by striking ``or'' at the end of subsection (d)(4);
(4) in subsection (d)(5) by striking ``$200,000,000 or
more'' and inserting ``not less than $200,000,000 but less than
$300,000,000'' and by striking the final period and inserting a
semicolon; and
(5) by inserting the following two new subsections after
subsection (d)(5):
``(6) not less than $300,000,000 but less than $400,000,000,
then coverage under this chapter shall extend only to loss or
damage in excess of the first $300,000 of loss or damage to
items covered; or
``(7) $400,000,000 or more, then coverage under this chapter
shall extend only to loss or damage
in excess of the first $400,000 of loss or damage to items covered.''.
Sec. 334. Tulare Conveyance. (a) In General.--Subject to subsections
(c) and (d), all conveyances to the Redevelopment Agency of the City of
Tulare, California, of lands described in subsection (b), heretofore or
hereafter, made directly by the Southern Pacific Transportation Company,
or its successors, are hereby validated to the extent that the
conveyances would be legal or valid if all right, title, and interest of
the United States, except minerals, were held by the Southern Pacific
Transportation Company.
(b) Lands Described.--The lands referred to in subsection (a) are
the parcels shown on the map entitled ``Tulare Redevelopment Agency-
Railroad Parcels Proposed to be Acquired'', dated May 29, 1997, that
formed part of a railroad right-of-way granted to the Southern Pacific
Railroad Company, or its successors, agents, or assigns, by the Federal
Government (including the right-of-way approved by an Act of Congress on
July 27, 1866). The map referred to in this subsection shall be on file
and available for public inspection in the offices of the Director of
the Bureau of Land Management.
[[Page 112 STAT. 2681-295]]
(c) Preservation of Existing Rights of Access.--Nothing in this
section shall impair any existing rights of access in favor of the
public or any owner of adjacent lands over, under or across the lands
which are referred to in subsection (a).
(d) Minerals.--The United States disclaims any and all right of
surface entry to the mineral estate of lands described in subsection
(b).
Sec. 335. <<NOTE: 16 USC 3503 note.>> The final set of maps entitled
``Coastal Barrier Resources System'', dated ``October 24, 1990, revised
November 12, 1996'', and relating to the following units of the Coastal
Barrier Resources System: P04A, P05/P05P; P05A/P05AP, FL-06P; P10/P10P;
P11; P11AP; P11A; P18/P18P; P25/P25P; and P32/P32P (which set of maps
were created by the Department of the Interior to comply with section
220 of Public Law 104-333, 110 Stat. 4115, and notice of which was
published in the Federal Register on May 28, 1997) shall have the force
and effect of law and replace and substitute for any other inconsistent
Coastal Barrier Resource System map in the possession of the Department
of the Interior. This provision is effective immediately upon enactment
of this Act and the Secretary of the Interior or his designee shall
immediately make this ministerial substitution.
Sec. 336. Section 405(c)(2) of the Indian Health Care Improvement
Act (42 U.S.C. 1645(c)(2)) <<NOTE: 25 USC 1645.>> is amended by
striking ``September 30, 1998'' and inserting ``September 30, 2000''.
Sec. 337. Section 3003 of the Petroleum Overcharge Distribution and
Restitution Act of 1986 (15 U.S.C. 4502) is amended by adding after
subsection (d) the following new subsection:
``(e) Subsections (b), (c), and (d) of this section are repealed,
and any rights that may have arisen are extinguished, on the date of the
enactment of the Department of the Interior and Related Agencies
Appropriations Act, 1999. After that date, the amount available for
direct restitution to current and future refined petroleum product
claimants under this Act is reduced by the amounts specified in title II
of that Act as being derived from amounts held in escrow under section
3002(d). The Secretary shall assure that the amount remaining in escrow
to satisfy refined petroleum product claims for direct restitution is
allocated equitably among the claimants.''.
Sec. 338. Section 123(a)(2)(C) of the Department of the Interior and
Related Agencies Appropriations Act, 1998 (111 Stat. 1566),
is <<NOTE: 25 USC 2717 note.>> amended by striking ``self-regulated
tribes such as''.
Sec. 339. <<NOTE: 16 USC 3102 note.>> (a) Restriction on Federal
Management Under Title VIII of the Alaska National Interest Lands
Conservation Act.--
(1) Notwithstanding any other provision of law, hereafter
neither the Secretary of the Interior nor the Secretary of
Agriculture may, prior to December 1, 2000, implement or enforce
any final rule, regulation, or policy pursuant to title VIII of
the Alaska National Interest Lands Conservation Act to manage
and to assert jurisdiction, authority, or control over land,
water, and wild, renewable resources, including fish and
wildlife, in Alaska for subsistence uses, except within--
(A) areas listed in 50 C.F.R. 100.3(b) (October 1,
1998) and
(B) areas constituting ``public land or public
lands'' under the definition of such term found at 50
C.F.R. 100.4 (October 1, 1998).
[[Page 112 STAT. 2681-296]]
(2) The areas in subparagraphs (A) and (B) of paragraph (1)
shall only be construed to mean those public lands which as of
October 1, 1998, were subject to federal management for
subsistence uses pursuant to Title VIII of the Alaska National
Interest Lands Conservation Act.
(b) Subsection (a) Repealed.--
(1) The Secretary of the Interior shall certify before
October 1, 1999, if a bill or resolution has been passed by the
Alaska State Legislature to amend the Constitution of the State
of Alaska that, if approved by the electorate, would enable the
implementation of state laws of general applicability consistent
with, and which provide for the definition, preference, and
participation specified in sections 803, 804, and 805 of the
Alaska National Interest Lands Conservation Act.
(2) Subsection (a) shall be repealed on October 1, 1999,
unless prior to that date the Secretary of the Interior makes
such a certification described in paragraph (1).
(c) Technical Amendments to the Alaska National Interest Lands
Conservation Act.--Section 805 of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3115) is amended--
(1) in subsection (a) by striking ``one year after the date
of enactment of this Act,''
(2) in subsection (d) by striking ``within one year from the
date of enactment of this Act,''.
(d) Effect on Tidal and Submerged Land.--Nothing in this section
invalidates, validates, or in any other way affects any claim of the
State of Alaska to title to any tidal or submerged land in Alaska.
Sec. 340. None of the funds made available in this Act may be used
to establish a national wildlife refuge in the Kankakee River watershed
in northwestern Indiana and northeastern Illinois.
Sec. 341. <<NOTE: 16 USC 544g note.>> Upon the condition that
Skamania County conveys title acceptable to the Secretary of Agriculture
to all right, title and interest in lands identified on a map dated
September 29, 1998 entitled ``Skamania County Lands to be Transferred'',
such lands being located on Table Mountain lying within the Columbia
River Gorge National Scenic Area, there is hereby conveyed to Skamania
County, notwithstanding any other provision of law, the Wind River
Nursery Site lands and facilities and all interests therein, except for
the corridor of the Pacific Crest National Scenic Trail, as depicted on
a map dated September 29, 1998, entitled ``Wind River Conveyance'',
which is on file and available for public inspection in the Office of
the Chief, USDA Forest Service, Washington, D.C.
The conveyance of lands to Skamania County shall become
automatically effective upon a determination by the Secretary that
Skamania County has conveyed acceptable title to the United States to
the Skamania County lands. Lands conveyed to the United States shall
become part of the Gifford Pinchot National Forest and shall have the
status of lands acquired under the Act of March 1, 1911, (commonly
called the Weeks Act) and shall be managed in accordance with the laws
and regulations applicable to the National Forest System.
Sec. 342. <<NOTE: 16 USC 90a-1 note.>> (a) Boundary Adjustments.--
(1) Lake chelan national recreation area.--The boundary of
the Lake Chelan National Recreation Area, established
[[Page 112 STAT. 2681-297]]
by section 202 of Public Law 90-544 (16 U.S.C. 90a-1), is hereby
adjusted to exclude a parcel of land and waters consisting of
approximately 88 acres, as depicted on the map entitled
``Proposed Management Units, North Cascades, Washington'',
numbered NP-CAS-7002A, originally dated October 1967, and
revised July 13, 1994.
(2) Wenatchee national forest.--The boundary of the
Wenatchee National Forest is hereby adjusted to include the
parcel of land and waters described in paragraph (1).
(3) Availability of map.--The map referred to in paragraph
(1) shall be on file and available for public inspection in the
offices of the superintendent of the Lake Chelan National
Recreation Area and the Director of the National Park Service,
Department of the Interior, and in the office of the Chief of
the Forest Service, Department of Agriculture.
(b) Transfer of Administrative Jurisdiction.--Administrative
jurisdiction over Federal land and waters in the parcel covered by the
boundary adjustments in subsection (a) is transferred from the Secretary
of the Interior to the Secretary of Agriculture, and the transferred
land and waters shall be managed by the Secretary of Agriculture in
accordance with the laws and regulations pertaining to the National
Forest System.
(c) Land and Water Conservation Fund.--For purposes of section 7 of
the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9), the
boundaries of the Wenatchee National Forest, as adjusted by subsection
(a), shall be considered to be the boundaries of the Wenatchee National
Forest as of January 1, 1965.
Sec. 343. <<NOTE: 16 USC 1642 note.>> Hardwood Technology Transfer
and Applied Research. (a) The Secretary of Agriculture (hereinafter the
``Secretary'') is hereby authorized to conduct technology transfer and
development, training, dissemination of information and applied research
in the management, processing and utilization of the hardwood forest
resource. This authority is in addition to any other authorities which
may be available to the Secretary including, but not limited to, the
Cooperative Forestry Assistance Act of 1978, as amended (16 U.S.C. 2101
et. seq.), and the Forest and Rangeland Renewable Resources Act of 1978,
as amended (16 U.S.C. 1600-1614).
(b) In carrying out this authority, the Secretary may enter into
grants, contracts, and cooperative agreements
with public and private agencies, organizations, corporations,
institutions and individuals. The Secretary may accept gifts and
donations pursuant to the Act of October 10, 1978 (7 U.S.C. 2269)
including gifts and donations from a donor that conducts business with
any agency of the Department of Agriculture or is regulated by the
Secretary of Agriculture.
(c) The Secretary is authorized, on such terms and conditions as the
Secretary may prescribe, to assume all rights, title, and interest,
including all outstanding assets, of the Robert C. Byrd Hardwood
Technology Center, Inc. (hereinafter the ``Center''), a non-profit
corporation existing under the laws of the State of West Virginia:
Provided, That the Board of Directors of the Center requests such an
action and dissolves the corporation consistent with the Articles of
Incorporation and the laws of the State of West Virginia.
[[Page 112 STAT. 2681-298]]
(d) The Secretary is authorized to operate and utilize the assets of
the Center as part of a newly formed ``Institute of Hardwood Technology
Transfer and Applied Research'' (hereinafter the ``Institute''). The
Institute, in addition to the Center, will consist of a Director,
technology transfer specialists from State and Private Forestry, the
Forestry Sciences Laboratory in Princeton, West Virginia, and any other
organizational unit of the Department of Agriculture as the Secretary
deems appropriate. The overall management of the Institute will be the
responsibility of the USDA Forest Service, State and Private Forestry.
(e) The Secretary is authorized to generate revenue using the
authorities provided herein. Any revenue received as part of the
operation of the Institute shall be deposited into a special fund in the
Treasury of the United States, known as the ``Hardwood Technology
Transfer and Applied Research Fund'', which shall be available to the
Secretary until expended, without further appropriation, in furtherance
of the purposes of this section, including upkeep, management, and
operation of the Institute and the payment of salaries and expenses.
(f) There are hereby authorized to be appropriated such sums as
necessary to carry out the provisions of this section.
Sec. 344. Notwithstanding the requirements of section 1203(a) of
Public Law 99-662 [100 Stat. 4263], the non-Federal share of the cost of
correcting the spillway deficiency at Beach City Lake, Muskingum River
Basin, Ohio, shall not exceed $141,000.
Sec. 345. <<NOTE: 16 USC 497d note.>> Notwithstanding section 343 of
Public Law 105-83, increases in recreation residence fees on the
Sawtooth National Forest shall be implemented in fiscal year 1999 only
to the extent that such fee increases do not exceed 25 percent.
Sec. 346. Section 7 of the Granger-Thye Act of April 24, 1950 is
amended <<NOTE: 16 USC 580d.>> by deleting the words ``recondition and
maintain,'' substituting in lieu thereof the words ``renovate,
recondition, improve, and maintain''.
Sec. 347. <<NOTE: 16 USC 2104 note.>> Stewardship End Result
Contracting Demonstration Project. (a) In General.--Until September 30,
2002, the Forest Service may enter into no more than twenty-eight (28)
contracts with private persons and entities, of which Region One of the
Forest Service shall have the authority to enter into nine (9) such
contracts, to perform services to achieve land management goals for the
national forests that meet local and rural community needs.
(b) Land Management Goals.--The land management goals of a contract
under subsection (a) may include, among other things--
(1) road and trail maintenance or obliteration to restore or
maintain water quality;
(2) soil productivity, habitat for wildlife and fisheries,
or other resource values;
(3) setting of prescribed fires to improve the composition,
structure, condition, and health of stands or to improve
wildlife habitat;
(4) noncommercial cutting or removing of trees or other
activities to promote healthy forest stands, reduce fire
hazards, or achieve other non-commercial objectives;
(5) watershed restoration and maintenance;
(6) restoration and maintenance of wildlife and fish
habitat; and
[[Page 112 STAT. 2681-299]]
(7) control of noxious and exotic weeds and reestablishing
native plant species.
(c) Contracts.--
(1) Procurement procedure.--A source for performance of a
contract under subsection (a) shall be selected on a best-value
basis, including consideration of source under other public and
private contracts.
(2) Term.--A multiyear contract may be entered into under
subsection (a) in accordance with section 304B of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C.
254c), except that the period of the contract may exceed 5 years
but may not exceed 10 years.
(3) Offsets.--
(A) In general.--In connection with contracts under
subsection (a), the Forest Service may apply the value
of timber or other forest products removed as an offset
against the cost of services received.
(B) Methods of appraisal.--The value of timber or
other forest products used as offsets under subparagraph
(A)--
(i) shall be determined using appropriate
methods of appraisal commensurate with the
quantity of products to be removed;
(ii) may be determined using a unit of measure
appropriate to the contracts; and
(iii) may include valuing products on a per-
acre basis.
(4) Relation to other laws.--The Forest Service may enter
into contracts under subsection (a), notwithstanding subsections
(d) and (g) of section 14 of the National Forest Management Act
of 1976 (16 U.S.C. 472a).
(d) Receipts.--
(1) In general.--The Forest Service may collect monies from
a contract under subsection (a) so long as such collection is a
secondary objective of negotiating contracts that will best
achieve the purposes of this section.
(2) Use.--Monies from a contract under subsection (a) may be
retained by the Forest Service and shall be available for
expenditure without further appropriation at the demonstration
project site from which the monies are collected or at another
demonstration project site.
(3) Relation to other laws.--The value of services received
by the Secretary under a stewardship contract project conducted
under this section, and any payments made or resources provided
by the contractor or the Secretary under such a project, shall
not be considered to be monies received from the National Forest
System under any provision of law. The Act of June 9, 1930 (16
U.S.C. 576 et seq.; commonly known as the Knutson-Vandenberg
Act), shall not apply to stewardship contracts entered into
under this section.
(e) Costs of Removal.--The Forest Service may collect deposits from
contractors covering the costs of removal of timber or other forest
products pursuant to the Act of August 11, 1916 (39 Stat. 462, chapter
313; 16 U.S.C. 490); and the next to the last paragraph under the
heading ``Forest Service.'' under the heading ``Department
of Agriculture'' in the Act of June 30, 1914 (38
[[Page 112 STAT. 2681-300]]
Stat. 430, chapter 131; 16 U.S.C. 498); notwithstanding the fact that
the timber purchasers did not harvest the timber.
(f) Performance and Payment Guarantees.--
(1) In general.--The Forest Service may require performance
and payment bonds, in accordance with sections 103-2 and 103-2
of part 28 of the Federal Acquisition Regulation (48 C.F.R.
28.103-2, 28.103-3), in an amount that the contracting officer
considers sufficient to protect the Government's investment in
receipts generated by the contractor from the estimated value of
the forest products to be removed under contract under
subsection (a).
(2) Excess offset value.--If the offset value of the forest
products exceeds the value of the resource improvement
treatments, the Forest Service may--
(A) collect any residual receipts pursuant to the
Act of June 9, 1930 (46 Stat. 527, chapter 416; 16
U.S.C. 576b); and
(B) apply the excess to other authorized stewardship
demonstration projects.
(g) Monitoring, Evaluation and Reporting.--The Forest Service shall
establish a multiparty monitoring and evaluation process that accesses
each individual stewardship contract conducted under this section.
Besides the Forest Service, participants in this process may include any
cooperating governmental agencies, including tribal governments, and any
interested groups or individuals. The Forest Service shall report
annually to the Committee on Appropriations of the House of
Representatives and the Committee on Appropriations of the Senate on--
(1) the status of development, execution, and administration
of contracts under subsection (a);
(2) the specific accomplishments that have resulted; and
(3) the role of local communities in development of contract
plans.
Sec. 348. The Forest Service and the Federal Highway Administration
shall make available to the State of Utah, $15,000,000 for construction
of the Trappers Loop connector road. Such funds shall be made available
from the Federal Land Highway Program, Public Lands Highways (Forests)
funds. Such funds shall be made available prior to computation and
aggregation of the state shares of such funds for other projects.
Section 349. <<NOTE: 30 USC 81 note.>> Protection of Sanctity of
Contracts and Leases of Surface Patent Holders With Respect to Coalbed
Methane Gas. (a) In General.--Subject to subsection (b), the United
States shall recognize as not infringing upon any ownership rights of
the United States to coalbed methane any--
(1) contract or lease covering any land that was conveyed by
the United States under the Act entitled ``An Act for the
protection of surface rights of entrymen'', approved March 3,
1909 (30 U.S.C. 81), or the Act entitled ``An Act to provide for
agricultural entries on coal lands'',
approved June 22, 1910 (30 U.S.C. 83 et seq.), that was--
(A) entered into by a person who has title to said
land derived under said Acts, and
(B) that conveys rights to explore for, extract, and
sell coalbed methane from said land; or
(2) coalbed methane production from the lands described in
subsection (a)(1) by a person who has title to said land
[[Page 112 STAT. 2681-301]]
and who, on or before the date of enactment of this Act, has
filed an application with the State oil and gas regulating
agency for a permit to drill an oil and gas well to a completion
target located in a coal formation.
(b) Application.--Subsection (a)
(1) shall apply only to a valid contract or lease described
in subsection (a) that is in effect on the date of enactment of
this Act;
(2) shall not otherwise change the terms or conditions of,
or affect the rights or obligations of any person under such a
contract or lease;
(3) shall apply only to land with respect to which the
United States is the owner of coal reserved to the United States
in a patent issued under the Act of March 3, 1909 (30 U.S.C.
81), or the Act of June 22, 1910 (30 U.S.C. 83 et seq.), the
position of the United States as the owner of the coal not
having passed to a third party by deed, patent or other
conveyance by the United States;
(4) shall not apply to any interest in coal or land
conveyed, restored, or transferred by the United States to a
federally recognized Indian tribe, including any conveyance,
restoration, or transfer made pursuant to the Indian
Recorganization Act, June 18, 1934 (c. 576, 48 Stat. 984, as
amended); the Act of June 28, 1938, (c. 776, 52 Stat. 1209 as
implemented by the order of September 14, 1938, 3 Fed. Reg.
1425); and including the area described in Sec. 3 of P.L. 98-
290; or any executive order;
(5) shall not be construed to constitute a waiver of any
rights of the United States with respect to coalbed methane
production that is not subject to subsection (a);
(6) shall not limit the right of any person who entered into
a contract or lease before the date of enactment of this Act, or
enters into a contract or lease on or after the date of
enactment of this Act, for coal owned by the United States, to
mine and remove the coal and to release coalbed methane without
liability to any person referred to in subsection (a)(1)(A) or
(a)(2).
Sec. 350. No timber in Region 10 of the Forest Service shall be
advertised for sale which, when using domestic Alaska western red cedar
selling values and manufacturing costs, fails to provide at least 60
percent of normal profit and risk of the appraised timber, except at the
written request by a prospective bidder. Program accomplishments shall
be based on volume sold. Should Region 10 sell, in fiscal year 1999, the
annual average portion of the decadal allowable sale quantity called for
in the current Tongass Land Management Plan which provides greater than
60 percent of normal profit and risk at the time of the sale
advertisement, all of the western red cedar timber from those sales
which is surplus to the needs of domestic processors in Alaska, shall be
made available to domestic processors in the contiguous 48 United States
based on values in the Pacific
Northwest as determined by the Forest Service and stated in the timber
sale contract. Should Region 10 sell, in fiscal year 1999, less than the
annual average portion of the decadal allowable sale quantity called for
in the current Tongass Land Management Plan meeting the 60 percent of
normal profit and risk standard at the time of sale advertisement, the
volume of western red cedar timber available
[[Page 112 STAT. 2681-302]]
to domestic processors at rates specified in the timber sale contract in
the contiguous 48 states shall be that volume: (i) which is surplus to
the needs of domestic processors in Alaska; and (ii) is that percent of
the surplus western red cedar volume determined by calculating the ratio
of the total timber volume which has been sold on the Tongass to the
annual average portion of the decadal allowable sale quantity called for
in the current Tongass Land Management Plan. The percentage shall be
calculated by Region 10 on a rolling basis as each sale is sold. (For
purposes of this amendment, a ``rolling basis'' shall mean that the
determination of how much western red cedar is eligible for sale to
various markets shall be made at the time each sale is awarded.) Western
red cedar shall be deemed ``surplus to the needs of domestic processors
in Alaska'' when the timber sale holder has presented to the Forest
Service documentation of the inability to sell western red cedar logs
from a given sale to domestic Alaska processors at a price equal to or
greater than the log selling value stated in the contract. All
additional western red cedar volume not sold to Alaska or contiguous 48
United States domestic processors may be exported to foreign markets at
the election of the timber sale holder. All Alaska yellow cedar may be
sold at prevailing export prices at the election of the timber sale
holder.
Sec. 351. (a) Notwithstanding any other provision of law, prior to
September 30, 2001 the Indian Health Service may not disburse funds for
the provision of health care services pursuant to Public Law 93-638 (25
U.S.C. 450 et seq.), with any Alaska native village or Alaska Native
village corporation that is located within the area served by an Alaska
Native regional health entity.
(b) Nothing in this section shall be construed to prohibit the
disbursal of funds to any Alaska Native village or Alaska Native village
corporation under any contract or compact entered into prior to August
27, 1997, or to prohibit the renewal of any such agreement.
Sec. 352. None of the funds in this or any other Act shall be
expended in Fiscal Year 1999 by the Department of the Interior, the
Forest Service, or any other Federal agency for the capture and physical
relocation of grizzly bears in the Selway-Bitterroot area of Idaho and
adjacent Montana. Nothing in this section shall prohibit the Department
of the Interior, the Forest Service, or any other Federal agency from
using funds to produce a final environmental impact statement that will
include an analysis of the habitat based population viability study
completed in 1998, receive public comment on such final environmental
impact statement, or issue a Record of Decision.
Sec. 353. King Cove Health and Safety. (a) Road on King Cove
Corporation Lands.--Of the funds appropriated in this section, not later
than 60 days after the date of enactment of this Act, $20,000,000 shall
be made available to the Aleutians East Borough for the construction of
an unpaved road not more than 20 feet in width, a dock, and marine
facilities and equipment. Such road shall be constructed on King Cove
Corporation Lands and shall extend from King Cove to such dock. The
Aleutians East Borough, in consultation with the State of Alaska, shall
determine the appropriate location of such dock and marine facilities.
In no instance may any part of such road, dock, marine facilities or
equipment enter or pass over any land within the Congressionally-
designated wilderness in the Izembek National Wildlife Refuge
[[Page 112 STAT. 2681-303]]
(for purposes of this section, the lands within the Refuge boundary
already conveyed to the King Cove Corporation are not within the
wilderness area).
(b) King Cove Air Strip.--Of the funds appropriated in this
section, not later than 180 days after the date of enactment of this
Act, the Secretary of the Interior shall make available up to
$15,000,000 to the State of Alaska for the cost of improvements to the
air strip at King Cove, Alaska, including to enable jet aircraft with
the capability of flying non-stop between Anchorage, Alaska and King
Cove, Alaska to land and take off from such air strip.
(c) King Cove Indian Health Service Facility.--Of the funds
appropriated in this section, not later than 60 days after the enactment
of this Act, the Secretary of Health and Human Services shall make
available $2,500,000 to the Indian Health Service for the cost of new
construction or improvements to the clinic in King Cove, Alaska, and
telemedicine and other medical equipment for such clinic.
(d) Applicability of Other Laws.--All actions undertaken pursuant
to this section must be in accordance with all other applicable laws.
(e) Appropriation.--In addition to funds in this or any other Act,
$37,500,000 is appropriated and shall remain available until expended
for the King Cove Health and Safety projects specifically identified
within this section.
Sec. 354. (a) In General.--To reflect the intent of Congress set
forth in Public Law 98-396, section 4(a)(2) of the Columbia River Gorge
National Scenic Area Act (16 U.S.C. 544(a)(2)) is <<NOTE: 16 USC
544b.>> amended--
(1) by striking ``(2) The boundaries'' and inserting the
following:
``(2) Boundaries.--
``(A) In general.--Except as provided in
subparagraph (B), the boundaries''; and
(2) by adding at the end the following:
``(B) Exclusions.--The scenic area shall not include
the approximately 29 acres of land owned by the Port of
Camas-Washougal in the South \1/2\ of Section 16,
Township 1 North, Range 4 East, and the North \1/2\ of
Section 21, Township 1 North, Range 4 East, Willamete
Meridian, Clark County, Washington, that consists of--
``(i) the approximately 19 acres of Port land
acquired from the Corps of Engineers under the
Second Supplemental Appropriations Act, 1984
(Public Law 98-396); and
``(ii) the approximately 10 acres of adjacent
Port land to the west of the land described in
clause (i).''.
(b) Intent.--The <<NOTE: 16 USC 544b note.>> amendment made by
subsection (a)--
(1) is intended to achieve the intent of Congress set forth
in Public Law 98-396; and
(2) is not intended to set a precedent regarding adjustment
or amendment of any boundaries of the
Columbia River Gorge National Scenic Area or any other provisions of the
Columbia River Gorge National Scenic Area Act.
Sec. 355. Section 5580 of the Revised Statutes (20 U.S.C. 42) is
amended--
(1) by inserting ``(a)'' before ``The business''; and
(2) by adding at the end the following:
[[Page 112 STAT. 2681-304]]
``(b) Notwithstanding any other provision of law, the Board of
Regents of the Smithsonian Institution may modify the number of members,
manner of appointment of members, or tenure of members, of the boards or
commissions under the jurisdiction of the Smithsonian Institution, other
than--
``(1) the Board of Regents of the Smithsonian Institution;
and
``(2) the boards or commissions of the National Gallery of
Art, the John F. Kennedy Center for the Performing Arts, and the
Woodrow Wilson International Center for Scholars.''.
Sec. 356. (a) The Act entitled ``An Act to promote the development
of Indian arts and crafts and to create a board to assist therein, and
for other purposes'', approved August 27, 1935 (25 U.S.C. 305 et
seq.), <<NOTE: 25 USC 305f.>> is amended by adding at the end the
following:
``Sec. 7. (a) Notwithstanding any other provision of law, the
Secretary of the Interior is directed to transfer all right, title and
interest in that portion of the Indian Arts and Crafts Board art
collection maintained permanently by the Indian Arts and Crafts Board in
Washington, District of Columbia, to the Secretary of the Smithsonian
Institution to be a part of the collection of the National Museum of the
American Indian, subject to subsection (b). Transfer of the collection
and costs thereof shall be carried out in accordance with terms,
conditions, and standards mutually agreed upon by the Secretary of the
Interior and the Secretary of the Smithsonian Institution.
``(b) The Indian Arts and Crafts Board shall retain a permanent
license to the use of images of the collection for promotional, economic
development, educational and related nonprofit purposes. The Indian Arts
and Crafts Board shall not be required to pay any royalty or fee for
such license.''.
(b) The Secretary of the Interior is authorized to use funds
appropriated in this Act under the heading `salaries and expenses' under
the heading `Departmental Management' for the costs associated with the
transfer of the collection.
Sec. 357. None of the funds provided in this or any other Act shall
be available for the acquisition of lands or interests in lands within
the tract known as the Baca Location No. 1 in New Mexico until such time
as--
(1) an appraisal is completed for such tract which conforms
with the Uniform Appraisal Standards for Federal Land
Acquisitions; and
(2) legislation is enacted authorizing the acquisition of
lands or interests in lands within such tract.
Sec. 358. The Federal building located at 15013 Denver West Parkway,
Golden, Colorado, and known as the National Renewable Energy Laboratory
Visitors Center, shall be known and designated as the ``Dan Schaefer
Federal Building''. Any reference in a law, map, regulation, document,
paper, or other record of the United States to the United States court
house referred to in this provision shall be deemed to be a reference to
the ``Dan Schaefer Federal Building''. This provision shall take effect
on January 3, 1999.
Sec. 359. The new Federal building under construction at 325
Broadway in Boulder, Colorado, shall be known and designated as the
``David Skaggs Federal Building''. Any reference in a law, map,
regulation, document, paper, or other record of the United States to the
Federal building referred to in this provision shall
[[Page 112 STAT. 2681-305]]
be deemed to be a reference to the ``David Skaggs Federal
Building''. This provision shall take effect on January 3, 1999.
Sec. 360. The Federal building located at 201 14th Street, S.W. in
Washington, D.C., shall be known and redesignated as the ``Sidney R.
Yates Federal Building''. Any reference in a law, map, regulation,
document, paper, or other record of the United States to the Federal
building referred to in this provision shall be deemed to be a reference
to the ``Sidney R. Yates Federal Building''. This provision shall take
effect on January 3, 1999.
Sec. 361. If all of the funding approved for release by the
Committees on September 3, 1998, pursuant to Title V--Priority Land
Acquisitions, Land Exchanges, and Maintenance in Public Law 105-83 is
not apportioned to and made available for obligation by the relevant
land management agencies within five days of the enactment of this Act,
those funds are rescinded.
Sec. 362. Section 219 of the Federal Crop Insurance Reform and
Department of Agriculture Reorganization Act of 1994,
Pub. L. 103-354, 7 U.S.C. Sec. 6919, is hereby repealed.
TITLE IV
THE HERGER-FEINSTEIN QUINCY LIBRARY GROUP FOREST RECOVERY ACT
Sec. 401. <<NOTE: Herger-Feinstein Quincy Library Group Forest
Recovery Act. 16 USC 2104 note.>> Pilot Project for Plumas, Lassen, and
Tahoe National Forests to Implement Quincy Library Group Proposal. (a)
Definition.--For purposes of this section, the term ``Quincy Library
Group-Community Stability Proposal'' means the agreement by a coalition
of representatives of fisheries, timber, environmental, county
government, citizen groups, and local communities that formed in
northern California to develop a resource management program that
promotes ecologic and economic health for certain Federal lands and
communities in the Sierra Nevada area. Such proposal includes the map
entitled ``QUINCY LIBRARY GROUP Community Stability Proposal'', dated
October 12, 1993, and prepared by VESTRA Resources of Redding,
California.
(b) Pilot Project Required.--
(1) Pilot project and purpose.--The Secretary of Agriculture
(in this section referred to as the ``Secretary''), acting
through the Forest Service and after completion of an
environmental impact statement (a record of decision for which
shall be adopted within 300 days), shall conduct a pilot project
on the Federal lands described in paragraph (2) to implement and
demonstrate the effectiveness of the resource management
activities described in subsection (d) and the other
requirements of this section, as recommended in the Quincy
Library Group-Community Stability Proposal.
(2) Pilot project area.--The Secretary shall conduct the
pilot project on the Federal lands within
Plumas National Forest, Lassen National Forest, and the Sierraville
Ranger District of Tahoe National Forest in the State of California
designated as ``Available for Group Selection'' on the map entitled
``QUINCY LIBRARY GROUP Community Stability Proposal'', dated October 12,
1993 (in this section referred to as the ``pilot project area''). Such
map shall be on file and available for inspection in the appropriate
offices of the Forest Service.
[[Page 112 STAT. 2681-306]]
(c) Exclusion of Certain Lands, Riparian Protection and
Compliance.--
(1) Exclusion.--All spotted owl habitat areas and protected
activity centers located within the pilot project area
designated under subsection (b)(2) will be deferred from
resource management activities required under subsection (d) and
timber harvesting during the term of the pilot project.
(2) Riparian protection.--
(A) In general.--The Scientific Analysis Team
guidelines for riparian system protection described in
subparagraph (B) shall apply to all resource management
activities conducted under subsection (d) and all timber
harvesting activities that occur in the pilot project
area during the term of the pilot project.
(B) Guidelines described.--The guidelines referred
to in subparagraph (A) are those in the document
entitled ``Viability Assessments and Management
Considerations for Species Associated with Late-
Successional and Old-Growth Forests of the Pacific
Northwest'', a Forest Service research document dated
March 1993 and co-authored by the Scientific Analysis
Team, including Dr. Jack Ward Thomas.
(C) Limitation.--Nothing in this section shall be
construed to require the application of the Scientific
Analysis Team guidelines to any livestock grazing in the
pilot project area during the term of the pilot project,
unless the livestock grazing is being conducted in the
specific location at which the Scientific Analysis Team
guidelines are being applied to an activity under
subsection (d).
(3) Compliance.--All resource management activities required
by subsection (d) shall be implemented to the extent consistent
with applicable Federal law and the standards and guidelines for
the conservation of the California spotted owl as set forth in
the California Spotted Owl Sierran Provence Interim Guidelines
or the subsequently issued guidelines, whichever are in effect.
(4) Roadless area protection.--The Regional Forester for
Region 5 shall direct that any resource management activity
required by subsection (d)(1) and (2), all road building, all
timber harvesting activities, and any riparian management under
subsection (d)(4) that utilizes road construction or timber
harvesting shall not be conducted on Federal lands within the
Plumas National Forest, Lassen National Forest, and the
Sierraville Ranger District of the Tahoe National Forest that
are designated as either ``Off Base'' or ``Deferred'' on the map
referred to in subsection (a). Such direction shall be effective
during the term of the pilot project.
(d) Resource Management Activities.--During the term of the pilot
project, the Secretary shall implement and carry out the following
resource management activities on an acreage basis on the Federal lands
included within the pilot project area designated under subsection
(b)(2):
(1) Fuelbreak construction.--Construction of a strategic
system of defensible fuel profile zones, including shaded
fuelbreaks, utilizing thinning, individual tree selection, and
other methods of vegetation
management consistent with the Quincy Library Group-Community Stability
Proposal, on not less than 40,000, but not more than 60,000, acres per
year.
[[Page 112 STAT. 2681-307]]
(2) Group selection and individual tree selection.--
Utilization of group selection and individual tree selection
uneven-aged forest management prescriptions described in the
Quincy Library Group-Community Stability Proposal to achieve a
desired future condition of all-age, multistory, fire resilient
forests as follows:
(A) Group selection.--Group selection on an average
acreage of .57 percent of the pilot project area land
each year of the pilot project.
(B) Individual tree selection.--Individual tree
selection may also be utilized within the pilot project
area.
(3) Total acreage.--The total acreage on which resource
management activities are implemented under this subsection
shall not exceed 70,000 acres each year.
(4) Riparian management.--A program of riparian management,
including wide protection zones and riparian restoration
projects, consistent with riparian protection guidelines in
subsection (c)(2)(B).
(e) Cost-Effectiveness.--In conducting the pilot project, Secretary
shall use the most cost-effective means available, as determined by the
Secretary, to implement resource management activities described in
subsection (d).
(f) Funding.--
(1) Source of funds.--In conducting the pilot project, the
Secretary shall use, subject to the relevant reprogramming
guidelines of the House and Senate Committees on
Appropriations--
(A) those funds specifically provided to the Forest
Service by the Secretary to implement resource
management activities according to the Quincy Library
Group-Community Stability Proposal; and
(B) year-end excess funds that are allocated for the
administration and management of Plumas National Forest,
Lassen National Forest, and the Sierraville Ranger
District of Tahoe National Forest.
(2) Prohibition on use of certain funds.--The Secretary may
not conduct the pilot project using funds appropriated for any
other unit of the National Forest System.
(3) Flexibility.--Subject to normal reprogramming
guidelines, during the term of the pilot project, the forest
supervisors of Plumas National Forest, Lassen National Forest,
and Tahoe National Forest may allocate and use all accounts that
contain year-end excess funds and all available excess funds for
the administration and management of Plumas National Forest,
Lassen National Forest, and the Sierraville Ranger District of
Tahoe National Forest to perform the resource management
activities described in subsection (d).
(4) Restriction.--The Secretary or the forest supervisors,
as the case may be, shall not utilize authority provided under
paragraphs (1)(B) and (3) if, in their judgment, doing so will
limit other nontimber related multiple use activities for which
such funds were available.
(5) Overhead.--The Secretary shall seek to ensure that of
amounts available to carry out this section--
(A) not more than 12 percent is used or allocated
for general administration or other overhead; and
[[Page 112 STAT. 2681-308]]
(B) at least 88 percent is used to implement and
carry out activities required by this section.
(6) Authorized supplemental funds.--There are authorized to
be appropriated to implement and carry out the pilot project
such sums as are necessary.
(7) Baseline funds.--Amounts available for resource
management activities authorized under subsection (d) shall at a
minimum include existing baseline funding levels.
(g) Term of Pilot Project.--The Secretary shall conduct the pilot
project until the earlier of: (1) the date on which the Secretary
completes amendment or revision of the land and resource management
plans directed under and in compliance with subsection (i) for the
Plumas National Forest, Lassen National Forest, and Tahoe National
Forest; or (2) five years after the date of the commencement of the
pilot project.
(h) Consultation.--(1) The statement required by subsection (b)(1)
shall be prepared in consultation with interested members of the public,
including the Quincy Library Group.
(2) Contracting.--The Forest Service, subject to the availability of
appropriations, may carry out any (or all) of the requirements of this
section using private contracts.
(i) Corresponding Forest Plan Amendments.--Within 2 years after the
date of the enactment of this Act, the Regional Forester for Region 5
shall initiate the process to amend or revise the land and resource
management plans for Plumas National Forest, Lassen National Forest, and
Tahoe National Forest. The process shall include preparation of at least
one alternative that--
(1) incorporates the pilot project and area designations
made by subsection (b), the resource management activities
described in subsection (d), and other aspects of the Quincy
Library Group-Community Stability Proposal; and
(2) makes other changes warranted by the analyses conducted
in compliance with section 102(2) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2)), section 6 of the Forest
and Rangeland Renewable Resources Planning Act of 1974 (16
U.S.C. 1604), and other applicable laws.
(j) Status Reports.--
(1) In general.--Not later than February 28 of each year
during the term of the pilot project, the Secretary shall submit
to Congress a report on the status of the pilot project. The
report shall include at least the following:
(A) A complete accounting of the use of funds made
available under subsection (f)(1)(A) until such funds
are fully expended.
(B) A complete accounting of the use of funds and
accounts made available under subsection (f)(1) for the
previous fiscal year, including a schedule of the
amounts drawn from each account used to perform resource
management activities described in subsection (d).
(C) A description of total acres treated for each of
the resource management activities required under
subsection (d), forest health improvements, fire risk
reductions, water yield increases, and other natural
resources-related benefits achieved by the
implementation of the resource management activities
described in subsection (d).
[[Page 112 STAT. 2681-309]]
(D) A description of the economic benefits to local
communities achieved by the implementation of the pilot
project.
(E) A comparison of the revenues generated by, and
costs incurred in, the implementation of the resource
management activities
described in subsection (d) on the Federal lands included in the pilot
project area with the revenues and costs during each of the fiscal years
1992 through 1997 for timber management of such lands before their
inclusion in the pilot project.
(F) A proposed schedule for the resource management
activities to be undertaken in the pilot project area
during the 1-year period beginning on the date of
submittal of the report.
(G) A description of any adverse environmental
impacts from the pilot project.
(2) Limitation on expenditures.--The amount of Federal funds
expended on each annual report under this subsection shall not
exceed $125,000.
(k) Final Report.--
(1) In general.--The Secretary shall establish an
independent scientific panel to review and report on whether,
and to what extent, implementation of the pilot project under
this section achieved the goals stated in the Quincy Library
Group-Community Stability Proposal, including improved
ecological health and community stability. The membership of the
panel shall reflect expertise in diverse disciplines in order to
adequately address all of those goals.
(2) Preparation.--The panel shall initiate such review no
sooner than 18 months after the first day of the term of the
pilot project under subsection (g). The panel shall prepare the
report in consultation with interested members of the public,
including the Quincy Library Group. The report shall include,
but not be limited to, the following:
(A) A description of any adverse environmental
impacts resulting from implementation of the pilot
project.
(B) An assessment of watershed monitoring data on
lands treated pursuant to this section. Such assessment
shall address the following issues on a priority basis:
timing of water releases; water quality changes; and
water yield changes over the short- and long-term in the
pilot project area.
(3) Submission to the congress.--The panel shall submit the
final report to the Congress as soon as practicable, but in no
case later than 18 months after completion of the pilot project.
(4) Limitation on expenditures.--The amount of Federal funds
expended for the report under this subsection, other than for
watershed monitoring, shall not exceed $350,000. The amount of
Federal funds expended for watershed monitoring under this
subsection shall not exceed $175,000 for each fiscal year in
which the report is prepared.
(l) Relationship to Other Laws.--Nothing in this section exempts the
pilot project from any Federal environmental law.
(m) Loans for Demonstration Projects for Wood Waste or Low-Quality
Wood Byproducts.--
[[Page 112 STAT. 2681-310]]
(1) Evaluation of loan advisability.--The Alternative
Agricultural Research and Commercialization Corporation
established under section 1658 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5902) (in this
section referred to as the ``Corporation'') shall evaluate the
advisability of making commercialization assistance loans under
section 1661 of such Act (7 U.S.C. 5905) to support a minimum of
2 demonstration projects for the development and demonstration
of commercial application of technology to convert wood waste or
low-quality wood byproducts into usable, higher value products.
(2) Location of demonstration projects.--If the Corporation
determines to make
loans under this subsection to support the development and demonstration
of commercial application of technology to convert wood waste or low-
quality wood byproducts into usable, higher value products, the
Corporation shall consider making one loan with regard to a
demonstration project to be conducted in the pilot project area and one
loan with regard to a demonstration project to be conducted in southeast
Alaska.
(3) Eligibility requirements.--To be eligible for a loan
under this subsection, a demonstration project shall be required
to satisfy the eligibility requirements imposed by the
Corporation under section 1661 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5905).
Sec. 402. Short Title. Section 401 of this title may be cited as the
``Herger-Feinstein Quincy Library Group Forest Recovery Act''.
<<NOTE: The Land Between the Lakes Protection Act of 1998.>> TITLE V--
LAND BETWEEN THE LAKES PROTECTION ACT
SEC. 501. <<NOTE: 16 USC 460lll note.>> SHORT TITLE.
This title may be referred to as ``The Land Between the Lakes
Protection Act of 1998''.
<<NOTE: 16 USC 460lll note.>> SEC. 502. DEFINITIONS.
In this title:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Advisory board.--The term ``Advisory Board'' means the
Land Between the Lakes Advisory Board established under section
522.
(3) Chairman.--The term ``Chairman'' means the Chairman of
the Board of Directors of the Tennessee Valley Authority.
(4) Eligible employee.--The term ``eligible employee'' means
a person that was, on the date of transfer pursuant to section
541, a full-time or part-time annual employee of the Tennessee
Valley Authority at the Recreation Area.
(5) Environmental law.--
(A) In general.--The term ``environmental law''
means all applicable Federal, State, and local laws
(including regulations) and requirements related to
protection of human health, natural and cultural
resources, or the environment.
(B) Inclusions.--The term ``environmental law''
includes--
[[Page 112 STAT. 2681-311]]
(i) the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C.
9601 et seq.);
(ii) the Solid Waste Disposal Act (42 U.S.C.
6901 et seq.);
(iii) the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.);
(iv) the Clean Air Act (42 U.S.C. 7401 et
seq.);
(v) the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136 et seq.);
(vi) the Toxic Substances Control Act (15
U.S.C. 2601 et seq.);
(vii) the Safe Drinking Water Act (42 U.S.C.
300f et seq.);
(viii) the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.); and
(ix) the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.).
(6) Forest highway.--The term ``forest highway'' has the
meaning given the term in section 101(a) of title 23, United
States Code.
(7) Governmental unit.--The term ``governmental unit'' means
an agency of the Federal Government or a State or local
government, local governmental unit, public or municipal
corporation, or unit of a State university system.
(8) Hazardous substance.--The term ``hazardous substance''
has the meaning given the term in section 101 of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601).
(9) Person.--The term ``person'' has the meaning given the
term in section 101 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601).
(10) Pollutant or contaminant.--The term ``pollutant or
contaminant'' has the meaning given the term in section 101 of
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601).
(11) Recreation area.--The term ``Recreation Area'' means
the Land Between the Lakes National Recreation Area.
(12) Release.--The term ``release'' has the meaning given
the term in section 101 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601).
(13) Response action.--The term ``response action'' has the
meaning given the term in section 101 of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601).
(14) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(15) State.--The term ``State'' means the State of Kentucky
and the State of Tennessee.
SEC. 503. <<NOTE: 16 USC 460lll-1.>> PURPOSES.
The purposes of this title are--
(1) to transfer without consideration administrative
jurisdiction over the Recreation Area from the Tennessee Valley
[[Page 112 STAT. 2681-312]]
Authority to the Secretary so that the Recreation Area may be
managed as a unit of the National Forest System;
(2) to protect and manage the resources of the Recreation
Area for optimum yield of outdoor recreation and environmental
education through multiple use management by the Forest Service;
(3) to authorize, research, test, and demonstrate innovative
programs and cost-effective management of the Recreation Area;
(4) to authorize the Secretary to cooperate between and
among the States, Federal agencies, private organizations, and
corporations, and individuals, as appropriate, in the management
of the Recreation Area and to help stimulate the development of
the surrounding region and extend the beneficial results as
widely as practicable; and
(5) to provide for the smooth and equitable transfer of
jurisdiction from the Tennessee Valley Authority to the
Secretary.
Subtitle A--Establishment, Administration, and Jurisdiction
SEC. 511. <<NOTE: 16 USC 460lll-11.>> ESTABLISHMENT.
(a) In General.--On the transfer of administrative jurisdiction
under section 541, the Land Between the Lakes National Recreation Area
in the States of Kentucky and Tennessee is established as a unit of the
National Forest System.
(b) Management.--
(1) In general.--The Secretary shall manage the Recreation
Area for multiple use as a unit of the National Forest System.
(2) Emphases.--The emphases in the management of the
Recreation Area shall be--
(A) to provide public recreational opportunities;
(B) to conserve fish and wildlife and their habitat;
and
(C) to provide for diversity of native and desirable
non-native plants, animals, opportunities for hunting
and fishing, and environmental education.
(3) Status of unit.--The Secretary may administer the
Recreation Area as a separate unit of the National Forest System
or in conjunction with an existing national forest.
(c) Area Included.--
(1) In general.--The Recreation Area shall comprise the
federally owned land, water, and interests in the land and water
lying between Kentucky Lake and Lake Barkley in the States of
Kentucky and Tennessee, as generally depicted on the map
entitled ``Land Between the Lakes National Recreation Area--
January, 1998''.
(2) Map.--The map described in paragraph (1) shall be
available for public inspection in the Office of the Chief of
the Forest Service, Washington, D.C.
(d) Waters.--
(1) Water levels and navigation.--Nothing in this title
affects the jurisdiction of the Tennessee Valley Authority or
the Army Corps of Engineers to manage and regulate water levels
and navigation of Kentucky Lake and Lake Barkley and areas
subject to flood easements.
[[Page 112 STAT. 2681-313]]
(2) Occupancy and use.--Subject to the jurisdiction of the
Tennessee Valley Authority and the Army Corps of Engineers, the
Secretary shall have jurisdiction to regulate the occupancy and
use of the surface waters of the lakes for recreational
purposes.
SEC. 512. <<NOTE: 16 USC 460lll-12.>> CIVIL AND CRIMINAL JURISDICTION.
(a) Administration.--The Secretary, acting through the Chief of the
Forest Service, shall administer the Recreation Area in accordance with
this title and the laws, rules, and regulations pertaining to the
National Forest System.
(b) Status.--Land within the Recreation Area shall have the status
of land acquired under the Act of March 1, 1911 (commonly known as the
``Weeks Act'') (16 U.S.C. 515 et seq.).
(c) Law Enforcement.--In order to provide for a cost-effective
transfer of the law enforcement responsibilities between the Forest
Service and the Tennessee Valley Authority, the law enforcement
authorities designated under section 4A of the Tennessee Valley
Authority Act 1933 (16 U.S.C. 831c-3) are hereby granted to special
agents and law enforcement officers of the Forest Service. The law
enforcement authorities designated under the eleventh undesignated
paragraph under the heading ``Surveying the public lands'' of the Act of
June 4, 1897 (30 Stat. 35; 16 U.S.C. 551), the first paragraph of that
portion designated ``General Expenses, Forest Service'' of the Act of
March 3, 1905 (33 U.S.C. 873; 16 U.S.C. 559), the National Forest System
Drug Control Act of 1986 (16 U.S.C. 559b-559g) are hereby granted to law
enforcement agents of the Tennessee Valley Authority, within the
boundaries of the Recreation Area, for a period of 1 year from the date
on which this section takes effect.
SEC. 513. <<NOTE: 16 USC 460lll-13.>> PAYMENTS TO STATES AND COUNTIES.
(a) Payments in Lieu of Taxes.--Land within the Recreation Area
shall be subject to the provisions for payments in lieu of taxes under
chapter 69 of title 31, United States Code.
(b) Distribution.--All amounts received from charges, use fees, and
natural resource utilization, including
timber and agricultural receipts, shall not be subject to distribution
to States under the Act of May 23, 1908 (16 U.S.C. 500).
(c) Payments by the Tennessee Valley Authority.--After the transfer
of administrative jurisdiction is made under section 541--
(1) the Tennessee Valley Authority shall continue to
calculate the amount of payments to be made to States and
counties under section 13 of the Tennessee Valley Authority Act
of 1933 (16 U.S.C. 831l); and
(2) each State (including, for the purposes of this
subsection, the State of Kentucky, the State of Tennessee, and
any other State) that receives a payment under that section
shall continue to calculate the amounts to be distributed to the
State and local governments, as though the transfer had not been
made.
SEC. 514. <<NOTE: 16 USC 460lll-14.>> FOREST HIGHWAYS.
(a) In General.--For purposes of section 204 of title 23, United
States Code, the road known as ``The Trace'' and every other paved road
within the Recreation Area (including any road constructed to secondary
standards) shall be considered to be a forest highway.
[[Page 112 STAT. 2681-314]]
(b) State Responsibility.--
(1) In general.--The States shall be responsible for the
maintenance of forest highways within the Recreation Area.
(2) Reimbursement.--To the maximum extent provided by law,
from funds appropriated to the Department of Transportation and
available for purposes of highway construction and maintenance,
the Secretary of Transportation shall reimburse the States for
all or a portion of the costs of maintenance of forest highways
in the Recreation Area.
Subtitle B--Management Provisions
SEC. 521. <<NOTE: 16 USC 460lll-21.>> LAND AND RESOURCE MANAGEMENT
PLAN.
(a) In General.--As soon as practicable after the effective date of
the transfer of jurisdiction under section 541, the Secretary shall
prepare a land and resource management plan for the Recreation Area in
conformity with the National Forest Management Act of 1976 (16 U.S.C.
472a et seq.) and other applicable law.
(b) Interim Provision.--Until adoption of the land and resource
management plan, the Secretary may use, as appropriate, the existing
Tennessee Valley Authority Natural Resource Management Plan to provide
interim management direction. Use of all or a portion of the management
plan by the Secretary shall not be considered to be a major Federal
action significantly affecting the quality of the human environment.
SEC. 522. <<NOTE: 16 USC 460lll-22.>> ADVISORY BOARD.
(a) Establishment.--Not later than 90 days after the date of
transfer pursuant to section 541, the Secretary shall establish the Land
Between the Lakes Advisory Board.
(b) Membership.--The Advisory Board shall be composed of 17 members,
of whom--
(1) 4 individuals shall be appointed by the Secretary,
including--
(A) 2 residents of the State of Kentucky; and
(B) 2 residents of the State of Tennessee;
(2) 2 individuals shall be appointed by the Kentucky Fish
and Wildlife Commissioner or designee;
(3) 1 individual shall be appointed by the Tennessee Fish
and Wildlife Commission or designee;
(4) 2 individuals shall be appointed by the Governor of the
State of Tennessee;
(5) 2 individuals shall be appointed by the Governor of the
State of Kentucky; and
(6) 2 individuals shall be appointed by appropriate
officials of each of the 3 counties containing the Recreation
Area.
(c) Term.--
(1) In general.--The term of a member of the Advisory Board
shall be 5 years.
(2) Succession.--Members of the Advisory Board may not
succeed themselves.
(d) Chairperson.--The Regional Forester shall serve as chairperson
of the Advisory Board.
(e) Rules of Procedure.--The Secretary shall prescribe the rules of
procedure for the Advisory Board.
(f) Functions.--The Advisory Board may advise the Secretary on--
[[Page 112 STAT. 2681-315]]
(1) means of promoting public participation for the land and
resource management plan for the Recreation Area; and
(2) environmental education.
(g) Meetings.--
(1) Frequency.--The Advisory Board shall meet at least
biannually.
(2) Public meeting.--A meeting of the Advisory Board shall
be open to the general public.
(3) Notice of meetings.--The chairperson, through the
placement of notices in local news media and by other
appropriate means shall give 2 weeks' public notice of each
meeting of the Advisory Board.
(h) No Termination.--Section 14(a)(2) of the Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Advisory Board.
SEC. 523. <<NOTE: 16 USC 460lll-23.>> FEES.
(a) Authority.--The Secretary may charge reasonable fees for
admission to and the use of the designated sites, or for activities,
within the Recreation Area.
(b) Factors.--In determining whether to charge fees, the Secretary
may consider the costs of collection weighed against potential income.
(c) Limitation.--No general entrance fees shall be charged within
the Recreation Area.
SEC. 524. <<NOTE: 16 USC 460lll-24.>> DISPOSITION OF RECEIPTS.
(a) In General.--All amounts received from charges, use fees, and
natural resource utilization, including timber and agricultural
receipts, shall be deposited in a special fund in the Treasury of the
United States to be known as the ``Land Between the Lakes Management
Fund''.
(b) Use.--Amounts in the Fund shall be available to the Secretary
until expended, without further Act of appropriation, for the management
of the Recreation Area, including payment of salaries and expenses.
SEC. 525. <<NOTE: 16 USC 460lll-25.>> SPECIAL USE AUTHORIZATIONS.
(a) In General.--In addition to other authorities for the
authorization of special uses within the National Forest System, within
the Recreation Area, the Secretary may, on such terms and conditions as
the Secretary may prescribe--
(1) convey for no consideration perpetual easements to
governmental units for public roads over United States Route 68
and the Trace, and such other rights-of-way as the Secretary and
a governmental unit may agree;
(2) transfer or lease to governmental units developed
recreation sites or other facilities to be managed for public
purposes; and
(3) lease or authorize recreational sites or other
facilities, consistent with sections 503(2) and 511(b)(2).
(b) Consideration.--
(1) In general.--Consideration for a lease or other special
use authorization within the Recreation Area shall be based on
fair market value.
(2) Reduction or waiver.--The Secretary may reduce or waive
a fee to a governmental unit or nonprofit organization
[[Page 112 STAT. 2681-316]]
commensurate with other consideration provided to the United
States, as determined by the Secretary.
(c) Procedure.--The Secretary may use any fair and equitable method
for authorizing special uses within the Recreation Area, including
public solicitation of proposals.
(d) Existing Authorizations.--
(1) In general.--A permit or other authorization granted by
the Tennessee Valley Authority that is in effect on the date of
transfer pursuant to section 541 may continue on transfer of
administration of the Recreation Area to the Secretary.
(2) Reissuance.--A permit or authorization described in
paragraph (1) may be reissued or terminated under terms and
conditions prescribed by the Secretary.
(3) Exercise of rights.--The Secretary may exercise any of
the rights of the Tennessee Valley Authority contained in any
permit or other authorization, including any right to amend,
modify, and revoke the permit or authorization.
SEC. 526. <<NOTE: 16 USC 460lll-26.>> COOPERATIVE AUTHORITIES AND
GIFTS.
(a) Fish and Wildlife Service.--
(1) Management.--
(A) In general.--Subject to such terms and
conditions as the Secretary may prescribe, the Secretary
may issue a special use authorization to the United
States Fish and Wildlife Service for the management by
the Service of facilities and land agreed on by the
Secretary and the Secretary of the Interior.
(B) Fees.--
(i) In general.--Reasonable admission and use
fees may be charged for all areas administered by
the United States Fish and Wildlife Service.
(ii) Deposit.--The fees shall be deposited in
accordance with section 524.
(2) Cooperation.--The Secretary and the Secretary of the
Interior may cooperate or act jointly on activities such as
population monitoring and inventory of fish and wildlife with
emphasis on migratory birds and endangered and threatened
species, environmental education, visitor services, conservation
demonstration projects and scientific research.
(3) Subordination of fish and wildlife activities to overall
management.--The management and use of areas and facilities
under permit to the United States Fish and Wildlife Service as
authorized pursuant to this section shall be subordinate to the
overall management of the Recreation Area as directed by the
Secretary.
(b) Authorities.--For the management, maintenance, operation, and
interpretation of the Recreation Area and its facilities, the Secretary
may--
(1) make grants and enter into contracts and cooperative
agreements with Federal agencies, governmental units, nonprofit
organizations, corporations, and individuals; and
(2) accept gifts under Public Law 95-442 (7 U.S.C. 2269)
notwithstanding that the donor conducts business with any agency
of the Department of Agriculture or is regulated by the
Secretary of Agriculture.
[[Page 112 STAT. 2681-317]]
SEC. 527. <<NOTE: 16 USC 460lll-27.>> DESIGNATION OF NATIONAL RECREATION
TRAIL.
Effective on the date of transfer pursuant to section 541, the
North-South Trail is designated as a national recreation trail under
section 4 of the National Trails System Act (16 U.S.C. 1243).
SEC. 528. <<NOTE: 16 USC 460lll-28.>> CEMETERIES.
The Secretary shall maintain an inventory of and ensure access to
cemeteries within the Recreation Area for purposes of burial,
visitation, and maintenance.
SEC. 529. <<NOTE: 16 USC 460lll-29.>> RESOURCE MANAGEMENT.
(a) Minerals.--
(1) Withdrawal.--The land within the Recreation Area is
withdrawn from the operation of the mining and mineral leasing
laws of the United States.
(2) Use of mineral materials.--The Secretary may permit the
use of common varieties of mineral materials for the development
and maintenance of the Recreation Area.
(b) Hunting and Fishing.--
(1) In general.--The Secretary shall permit hunting and
fishing on land and water under the jurisdiction of the
Secretary within the boundaries of the Recreation Area in
accordance with applicable laws of the United States and of each
State, respectively.
(2) Prohibition.--
(A) In general.--The Secretary may designate areas
where, and establish periods when, hunting or fishing is
prohibited for reasons of public safety, administration,
or public use and enjoyment.
(B) Consultation.--Except in emergencies, a
prohibition under subparagraph (A) shall become
effective only after consultation with the appropriate
fish and game departments of the States.
(3) Fish and wildlife.--Nothing in this title affects the
jurisdiction or responsibilities of the States with respect to
wildlife and fish on national forests.
SEC. 530. <<NOTE: 16 USC 460lll-30.>> HEMATITE DAM.
Within one year from the date of transfer pursuant to section 541,
the Tennessee Valley Authority shall cause any breach in the Hematite
Dam to be repaired, or if such repairs have previously been made, the
Tennessee Valley Authority shall certify in a letter to the Secretary
the sound condition of the dam. Future repair costs and maintenance of
the Hematite Dam shall be the responsibility of the Secretary.
SEC. 531. <<NOTE: 16 USC 460lll-31.>> TRUST FUND.
(a) Establishment.--There is established in the Treasury of the
United States a special interest-bearing fund known as the ``Land
Between the Lakes Trust Fund''.
(b) Availability.--Amounts in the Fund shall be available to the
Secretary, until expended, for--
(1) public education, grants, and internships related to
recreation, conservation, and multiple use land management in
the Recreation Area; and
(2) regional promotion in the Recreation Area, in
cooperation with development districts, chambers of commerce,
and State and local governments.
[[Page 112 STAT. 2681-318]]
(c) Deposits.--The Tennessee Valley Authority shall deposit into the
Fund $1,000,000 annually for each of the 5 fiscal years commencing in
the first fiscal year of the transfer. Funding to carry out this section
shall be derived from funding described in section 549.
Subtitle C--Transfer Provisions
SEC. 541. <<NOTE: 16 USC 460lll-41.>> EFFECTIVE DATE OF TRANSFER.
Effective on October 1 of the first fiscal year for which Congress
does not appropriate to the Tennessee Valley Authority at least
$6,000,000 for the Recreation Area, or, if this Act is enacted during a
fiscal year for which Congress has not made such an appropriation,
effective as of the date of enactment of this Act, administrative
jurisdiction over the Recreation Area is transferred from the Tennessee
Valley Authority to the Secretary.
SEC. 542. <<NOTE: 16 USC 460lll-42.>> STATEMENT OF POLICY.
It is the policy of the United States that, to the maximum extent
practicable--
(1) the transfer of jurisdiction over the Recreation Area
from the Tennessee Valley Authority to the Secretary should be
effected in an efficient and cost-effective manner; and
(2) due consideration should be given to minimizing--
(A) disruption of the personal lives of the
Tennessee Valley Authority and Forest Service employees;
and
(B) adverse impacts on permittees, contractees, and
others owning or operating businesses affected by the
transfer.
SEC. 543. <<NOTE: 16 USC 460lll-43.>> MEMORANDUM OF AGREEMENT.
(a) In General.--Not later than 30 days after the date of transfer
pursuant to section 541, the Secretary and the Tennessee Valley
Authority shall enter into a memorandum of agreement concerning
implementation of this title.
(b) Provisions.--The memorandum of understanding shall provide
procedures for--
(1) the orderly withdrawal of officers and employees of the
Tennessee Valley Authority;
(2) the transfer of property, fixtures, and facilities;
(3) the interagency transfer of officers and employees;
(4) the transfer of records; and
(5) other transfer issues.
(c) Transition Team.--
(1) In general.--The memorandum of understanding may provide
for a transition team consisting of the Tennessee Valley
Authority and Forest Service employees.
(2) Duration.--The team may continue in existence after the
date of transfer.
(3) Personnel costs.--The Tennessee Valley Authority and the
Forest Service shall pay personnel costs of their respective
team members.
SEC. 544. <<NOTE: 16 USC 460lll-44.>> RECORDS.
(a) Recreation Area Records.--The Secretary shall have access to all
records of the Tennessee Valley Authority pertaining to the management
of the Recreation Area.
[[Page 112 STAT. 2681-319]]
(b) Personnel Records.--The Tennessee Valley Authority personnel
records shall be made available to the Secretary, on request, to the
extent the records are relevant to Forest Service administration.
(c) Confidentiality.--The Tennessee Valley Authority may prescribe
terms and conditions on the availability of records to protect the
confidentiality of private or proprietary information.
(d) Land Title Records.--The Tennessee Valley Authority shall
provide to the Secretary original records pertaining to land titles,
surveys, and other records pertaining to transferred personal property
and facilities.
SEC. 545. <<NOTE: 16 USC 460lll-45.>> TRANSFER OF PERSONAL PROPERTY.
(a) Subject Property.--
(1) Inventory.--Not later than 60 days after the date of
transfer pursuant to section 541, the Tennessee Valley Authority
shall provide the Secretary with an inventory of all property
and facilities at the Recreation Area.
(2) Availability for transfer.--
(A) In general.--All Tennessee Valley Authority
property associated with the administration of the
Recreation Area, including any property purchased with
Federal funds appropriated for the management of the
Tennessee Valley Authority land, shall be available for
transfer to the Secretary.
(B) Property included.--Property under subparagraph
(A) includes buildings, office furniture and supplies,
computers, office equipment, buildings, vehicles, tools,
equipment, maintenance supplies, boats, engines, and
publications.
(3) Exclusion of property.--At the request of the authorized
representative of the Tennessee
Valley Authority, the Secretary may exclude movable property from
transfer based on a showing by the Tennessee Valley Authority that the
property is vital to the mission of the Tennessee Valley Authority and
cannot be replaced in a cost-effective manner, if the Secretary
determines that the property is not needed for management of the
Recreation Area.
(b) Designation.--Pursuant to such procedures as may be prescribed
in the memorandum of agreement entered into under section 543, the
Secretary shall identify and designate, in writing, all Tennessee Valley
Authority property to be transferred to the Secretary.
(c) Facilitation of Transfer.--The Tennessee Valley Authority shall,
to the maximum extent practicable, use current personnel to facilitate
the transfer of necessary property and facilities to the Secretary,
including replacement of signs and insignia, repainting of vehicles,
printing of public information, and training of new personnel. Funding
for these costs shall be derived from funding described in section 549.
(d) Surplus Property.--
(1) Disposition.--Any personal property, including
structures and facilities, that the Secretary determines cannot
be efficiently managed and maintained either by the Forest
Service or by lease or permit to other persons may be declared
excess by the Secretary and--
[[Page 112 STAT. 2681-320]]
(A) sold by the Secretary on such terms and
conditions as the Secretary may prescribe to achieve the
maximum benefit to the Federal Government; or
(B) disposed of under the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 471 et
seq.).
(2) Deposit of proceeds.--All net proceeds from the disposal
of any property shall be deposited into the Fund established by
section 531.
SEC. 546. <<NOTE: 16 USC 460lll-46.>> COMPLIANCE WITH ENVIRONMENTAL
LAWS.
(a) Documentation of Existing Conditions.--
(1) In general.--Not later than 60 days after the date of
transfer pursuant to section 541, the Chairman and the
Administrator shall provide the Secretary all documentation and
information that exists on the environmental condition of the
land and waters comprising the Recreation Area property.
(2) Additional documentation.--The Chairman and the
Administrator shall provide the Secretary with any additional
documentation and information regarding the environmental
condition of the Recreation Area property as such documentation
and information becomes available.
(b) Action Required.--
(1) Assessment.--Not later than 120 days after the date of
transfer pursuant to section 541, the Chairman shall provide to
the Secretary an assessment indicating what action, if any, is
required under any environmental law on Recreation Area
property.
(2) Memorandum of understanding.--If the assessment
concludes action is required under any environmental law with
respect to any portion of the Recreation Area property, the
Secretary and the Chairman shall enter into a memorandum of
understanding that--
(A) provides for the performance by the Chairman of
the required actions identified in the assessment; and
(B) includes a schedule providing for the prompt
completion of the required actions to the satisfaction
of the Secretary.
(c) Documentation Demonstrating Action.--On the transfer of
jurisdiction over the Recreation Area from the Tennessee Valley
Authority to the Secretary, the Chairman shall provide the Secretary
with documentation
demonstrating that all actions required under any environmental law have
been taken, including all response actions under the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9601 et seq.) that are necessary to protect human health and the
environment with respect to any hazardous substance, pollutant,
contaminant, hazardous waste, hazardous material, or petroleum product
or derivative of a petroleum product on Recreation Area property.
(d) Continuation of Responsibilities and Liabilities.--
(1) In general.--The transfer of the Recreation Area
property under this title, and the requirements of this section,
shall not in any way affect the responsibilities and liabilities
of the Tennessee Valley Authority at the Recreation Area under
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.) or any other
environmental law.
[[Page 112 STAT. 2681-321]]
(2) Access.--After transfer of the Recreation Area property,
the Chairman shall be accorded any access to the property that
may be reasonably required to carry out the responsibility or
satisfy the liability referred to in paragraph (1).
(3) No liability.--The Secretary shall not be liable under
any environmental law for matters that are related directly or
indirectly to present or past activities of the Tennessee Valley
Authority on the Recreation Area property, including liability
for--
(A) costs or performance of response actions
required under the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.) at or related to the Recreation Area; or
(B) costs, penalties, fines, or performance of
actions related to noncompliance with any environmental
law at or related to the Recreation Area or related to
the presence, release, or threat of release of any
hazardous substance, pollutant, or contaminant,
hazardous waste, hazardous material, or petroleum
product or derivative of a petroleum product of any kind
at or related to the Recreation Area, including
contamination resulting from migration.
(4) No effect on responsibilities or liabilities.--Except as
provided in paragraph (3), nothing in this title affects,
modifies, amends, repeals, alters, limits or otherwise changes,
directly or indirectly, the responsibilities or liabilities
under any environmental law with respect to the Secretary.
(e) Other Federal Agencies.--Subject to the other provisions of this
section, a Federal agency that carried or carries out operations at the
Recreation Area resulting in the release or threatened release of a
hazardous substance, pollutant, or contaminant, hazardous waste,
hazardous material, or petroleum product or derivative of a petroleum
product for which that agency would be liable under any environmental
law shall pay the costs of related response actions and shall pay the
costs of related actions to remediate petroleum products or their
derivatives.
SEC. 547. <<NOTE: 16 USC 460lll-47.>> PERSONNEL.
(a) In General.--
(1) Hiring.--Notwithstanding section 3503 of title 5, United
States Code, and subject to paragraph (2), the Secretary may--
(A) appoint, hire, and discharge officers and
employees to administer the Recreation Area; and
(B) pay the officers and employees at levels that
are commensurate with levels at other units of the
National Forest System.
(2) Interim retention of eligible employees.--
(A) In general.--For a period of not less than 5
months after the effective date of transfer to the
Forest Service--
(i) all eligible employees shall be retained
in the employment of the Tennessee Valley
Authority;
(ii) those eligible employees shall be
considered to be placed on detail to the Secretary
and shall be subject to the direction of the
Secretary; and
[[Page 112 STAT. 2681-322]]
(iii) the Secretary shall reimburse the
Tennessee Valley Authority for the amount of the
basic pay and all other compensation of those
eligible employees.
(B) Notice to employees.--The Secretary shall
provide eligible employees a written notice of not less
than 60 days before termination.
(C) Termination for cause.--Subparagraph (A) does
not preclude a termination for cause during the period
described in subparagraph (A).
(b) Applications for Transfer and Appointment.--An eligible employee
shall have the right to apply for employment by the Secretary under
procedures for transfer and appointment of Federal employees outside the
Department of Agriculture.
(c) Hiring by the Secretary.--
(1) In general.--Subject to subsection (b), in filling
personnel positions within the Recreation Area, the Secretary
shall follow all laws (including regulations) and policies
applicable to the Department of Agriculture.
(2) Notification and hiring.--Notwithstanding paragraph (1),
the Secretary--
(A) shall notify all eligible employees of all
openings for positions with the Forest Service at the
Recreation Area before notifying other individuals or
considering applications by other individuals for the
positions; and
(B) after applications by eligible employees have
received consideration, if any positions remain
unfilled, shall notify other individuals of the
openings.
(3) Noncompetitive appointments.--Notwithstanding any other
placement of career transition programs authorized by the Office
of Personnel Management of the United States Department of
Agriculture, the Secretary may noncompetitively appoint eligible
employees to positions in the Recreation Area.
(4) Period of service.--Except to the extent that an
eligible employee that is appointed by the Secretary may be
otherwise compensated for the period of service as an employee
of the Tennessee Valley Authority, that period of service shall
be treated as a period of service as an employee of the
Secretary for the purposes of probation, career tenure, time-in-
grade, and leave.
(d) Transfer to Positions in Other Units of the Tennessee Valley
Authority.--The Tennessee Valley Authority--
(1) shall notify all eligible employees of all openings for
positions in other units of the Tennessee Valley Authority
before notifying other individuals or considering applications
by other individuals for the positions; and
(2) after applications by eligible employees have received
consideration, if any positions remain unfilled, shall notify
other individuals of the openings.
(e) Employee Benefit Transition.--
(1) Memorandum of understanding.--
(A) In general.--The Secretary and the heads of the
Office of Personnel Management, the Tennessee Valley
Authority and the Tennessee Valley Authority Retirement
System shall enter into a memorandum of understanding
providing for the transition for all eligible employees
of compensation made available through the Tennessee
Valley Authority Retirement System.
[[Page 112 STAT. 2681-323]]
(B) Employee participation.--In deciding on the
terms of the memorandum of understanding, the Secretary
and the heads of the Office of Personnel Management, the
Tennessee Valley Authority and the Tennessee Valley
Authority Retirement System shall meet and consult with
and give full consideration to the views of employees
and representatives of the employees of the Tennessee
Valley Authority.
(2) Eligible employees that are transferred to other units
of tva.--An eligible employee that is transferred to another
unit of the Tennessee Valley Authority shall experience no
interruption in coverage for or reduction of any retirement,
health, leave, or other employee benefit.
(3) Eligible employees that are hired by the secretary.--
(A) Level of benefits.--The Secretary shall provide
to an eligible employee that is hired by the Forest
Service a level of retirement and health benefits that
is equivalent to the level to which the eligible
employee would have been entitled if the eligible
employee had remained an employee of the Tennessee
Valley Authority.
(B) Transfer of retirement benefits.--
(i) In general.--Eligible employees hired by
the Forest Service shall become members of the
Civil Service Retirement System (CSRS) Offset Plan
and shall have the option to transfer into the
Federal Employees Retirement System (FERS) within
six months of their date of transfer. Such
employees shall have the option at any time to
receive credit in CSRS Offset or FERS for all of
their TVA service in accordance with applicable
procedures. Any deposits necessary to receive
credit for such service shall be considered
transfers to a qualified plan for purposes of
favorable tax treatment of such amount under the
Internal Revenue Code.
(ii) Funding shortfall.--
(I) In general.--For all eligible
employees that are not part of the Civil
Service Retirement System, the Tennessee
Valley Authority shall meet any funding
shortfall resulting from the transfer of
retirement benefits.
(II) Notification.--The Secretary
shall notify the Tennessee Valley
Authority Board of the cost associated
with the transfer of retirement
benefits.
(III) Payment.--The Tennessee Valley
Authority shall fully compensate the
Secretary for the costs associated with
the transfer of retirement benefits.
(IV) No interruption.--An eligible
employee that is hired by the Forest
Service and is eligible for Civil
Service Retirement shall not experience
any interruption in retirement benefits.
(C) No interruption.--An eligible employee that is
hired by the Secretary--
(i) shall experience no interruption in
coverage for any health, leave, or other employee
benefit; and
[[Page 112 STAT. 2681-324]]
(ii) shall be entitled to carry over any leave
time accumulated during employment by the
Tennessee Valley Authority.
(D) Period of service.--Notwithstanding section
8411(b)(3) of title 5, United States Code, except to the
extent that an eligible employee may be otherwise
compensated (including the provision of retirement
benefits in accordance with the memorandum of
understanding) for the period of service as an employee
of the Tennessee Valley Authority, that period of
service shall be treated as a period of service as an
employee of the U.S. Department of Agriculture for all
purposes relating to the Federal employment of the
eligible employee.
(4) Eligible employees that are discharged not for cause.--
(A) Level of benefits.--The parties to the
memorandum of understanding shall have authority to deem
any applicable requirement to
be met, to make payments to an employee, or take any other action
necessary to provide to an eligible employee that is discharged as being
excess to the needs of the Tennessee Valley Authority or the Secretary
and not for cause and that does not accept an offer of employment from
the Secretary, an optimum level of retirement and health benefits that
is equivalent to the level that has been afforded employees discharged
in previous reductions in force by the Tennessee Valley Authority.
(B) Minimum benefits.--An eligible employee that is
discharged as being excess to the needs of the Tennessee
Valley Authority or the Secretary and not for cause
shall, at a minimum be entitled to--
(i) at the option of the eligible employee--
(I) a lump-sum equal to $1,000,
multiplied by the number of years of
service of the eligible employee (but
not less that $15,000 nor more than
$25,000);
(II) a lump-sum payment equal to the
amount of pay earned by the eligible
employee for the last 26 weeks of the
eligible employee's service; or
(III) the deemed addition of 5 years
to the age and the years of service of
an eligible employee;
(ii) 15 months of health benefits for
employees and dependents at the same level
provided as of the date of transfer pursuant to
section 541;
(iii) 1 week of pay per year of service as
provided by the Tennessee Valley Authority
Retirement System;
(iv) a lump-sum payment of all accumulated
annual leave;
(v) unemployment compensation in accordance
with State law;
(vi) eligible pension benefits as provided by
the Tennessee Valley Authority Retirement System;
and
(vii) retraining assistance provided by the
Tennessee Valley Authority.
(C) Shortfall.--If the board of directors of the
Tennessee Valley Authority Retirement System determines
[[Page 112 STAT. 2681-325]]
that the cost of providing the benefits described in
subparagraphs (A) and (B) would have a negative impact
on the overall retirement system, the Tennessee Valley
Authority shall be required to meet any funding
shortfalls.
SEC. 548. <<NOTE: 16 USC 460lll-48.>> TENNESSEE VALLEY AUTHORITY
TRANSFER COSTS.
Any costs incurred by Tennessee Valley Authority associated with the
transfer under this subtitle shall be derived from funding described in
section 549.
SEC. 549. <<NOTE: 16 USC 460lll-49.>> TENNESSEE VALLEY AUTHORITY
TRANSFER FUNDING.
(a) In General.--The funding described in this section is funding
derived from only 1 or more of the following sources:
(1) Nonpower fund balances and collections.
(2) Investment returns of the nonpower program.
(3) Applied programmatic savings in the power and nonpower
programs.
(4) Savings from the suspension of bonuses and awards.
(5) Savings from reductions in memberships and
contributions.
(6) Increases in collections resulting from nonpower
activities, including user fees.
(7) Increases in charges to private and public utilities
both investor and cooperatively owned, as well as to direct load
customers.
(b) Availability.--Funds from the sources described in subsection
(a) shall be available notwithstanding section 11, 14, 15, or 29 or any
other provision of the Tennessee Valley Authority Act of 1933 (16 U.S.C.
831 et seq.) or any provisions of the covenants contained in any power
bonds issued by the Tennessee Valley Authority.
(c) Sufficiency of Savings.--The savings from and the revenue
adjustment to the budget of the Tennessee Valley Authority for the first
fiscal year of the transfer and each fiscal year thereafter shall be
sufficient so that the net spending authority and resulting outlays to
carry out activities with funding described in subsection (a) shall not
exceed $0 for the first fiscal year of the transfer and each fiscal year
thereafter.
(d) Itemized List of Reductions and Increased Receipts.--
(1) Proposed changes.--Not later than 30 days after the date
of transfer pursuant to section 541, the Chairman of the
Tennessee Valley Authority shall submit to the Committee on
Appropriations of the House of Representatives and the Committee
on Appropriations of the Senate an itemized list of the amounts
of reductions in spending and increases in receipts that are
proposed to be made as a result of activities under this
subsection during the first fiscal year of the transfer.
(2) Actual changes.--Not later than 24 months after the
effective date of the transfer, the Chairman of the Tennessee
Valley Authority shall submit to the Committee on Appropriations
of the House of Representatives and the Committee on
Appropriations of the Senate an itemized list of the amounts of
reductions in spending and increases in receipts as a result of
activities under this subsection during the first fiscal year of
the transfer.
[[Page 112 STAT. 2681-326]]
Subtitle D--Funding
SEC. 551. <<NOTE: 16 USC 460lll-61.>> AUTHORIZATION OF APPROPRIATIONS.
(a) Agriculture.--There are authorized to be appropriated to the
Secretary of Agriculture such sums as are necessary to--
(1) permit the Secretary to exercise administrative
jurisdiction over the Recreation Area under this title; and
(2) administer the Recreation Area area as a unit of the
National Forest System.
(b) Interior.--There are authorized to be appropriated to the
Secretary of the Interior such sums as are necessary to carry out
activities within the Recreation Area.
TITLE VI
<<NOTE: Interstate 90 Land Exchange Act of 1998. 16 USC 539k
note.>> INTERSTATE 90 LAND EXCHANGE ACT
SEC. 601. SHORT TITLE.
This Act may be cited as the ``Interstate 90 Land Exchange Act of
1998''.
SEC. 602. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) certain parcels of private land located in central and
southwest Washington are intermingled with National Forest
System land owned by the United States and administered by the
Secretary of Agriculture as parts of the Mt. Baker-Snoqualmie
National Forest, Wenatchee National Forest, and Gifford Pinchot
National Forest;
(2) the private land surface estate and some subsurface is
owned by the Plum Creek Timber Company, L.P. in an intermingled
checkerboard pattern, with the United States or Plum Creek
owning alternate square mile sections of land or fractions of
square mile sections;
(3) the checkerboard land ownership pattern in the area has
frustrated sound and efficient land management on both private
and National Forest lands by complicating fish and wildlife
habitat management, watershed protection, recreation use, road
construction and timber harvest, boundary administration, and
protection and management of threatened and endangered species
and old growth forest habitat;
(4) acquisition by the United States of certain parcels of
land that have been offered by Plum Creek for addition to the
Mt. Baker-Snoqualmie National Forest and Wenatchee National
Forest will serve important public objectives, including--
(A) enhancement of public access, aesthetics and
recreation opportunities within or near areas of very
heavy public recreational use including--
(i) the Alpine Lakes Wilderness Area;
(ii) the Pacific Crest Trail;
(iii) Snoqualmie Pass;
(iv) Cle Elum Lake, Kachess Lake and Keechulus
Lake; and
(v) other popular recreation areas along the
Interstate 90 corridor east of the Seattle-Tacoma
Metropolitan Area;
[[Page 112 STAT. 2681-327]]
(B) protection and enhancement of old growth forests
and habitat for threatened, endangered and sensitive
species, including a net gain of approximately 28,500
acres of habitat for the northern spotted owl;
(C) consolidation of National Forest holdings for
more efficient administration and to meet a broad array
of ecosystem protection and other public land management
goals, including net public gains of approximately 283
miles of stream ownership, 14 miles of the route of the
Pacific Crest Trail, 20,000 acres of unroaded land, and
7,360 acres of riparian land; and
(D) a significant reduction in administrative costs
to the United States through--
(i) consolidation of Federal land holdings for
more efficient land management and planning;
(ii) elimination of approximately 300 miles of
boundary identification and posting;
(iii) reduced right-of-way, special use, and
other permit processing and issuance for roads and
other facilities on National Forest System land;
and
(iv) other administrative cost savings;
(5) Plum Creek has selected certain parcels of National
Forest System land that are logical for
consolidation into Plum Creek ownership utilizing a land exchange
because the parcels--
(A) are intermingled with parcels owned by Plum
Creek; and
(B)(i) are generally located in less environmentally
sensitive areas than the Plum Creek offered land; and
(ii) have lower public recreation and other public
values than the Plum Creek offered land;
(6) time is of the essence in consummating a land exchange
because delays may force Plum Creek to road or log the offered
land and thereby diminish the public values for which the
offered land is to be acquired; and
(7) it is in the public interest to complete the land
exchange at the earliest practicable date so that the offered
land can be acquired and preserved by the United States for
permanent public management, use, and enjoyment.
(b) Purpose.--It is the purpose of this Act to further the public
interest by authorizing, directing, facilitating, and expediting the
consummation of the Interstate 90 land exchange so as to ensure that the
offered land is expeditiously acquired for permanent public use and
enjoyment.
SEC. 603. DEFINITIONS.
In this Act:
(1) Offered land.--The term ``offered land'' means all
right, title and interest, including the surface and subsurface
interests, in land described in section 604(a) to be conveyed
into the public ownership of the United States under this Act.
(2) Plum creek.--The term ``Plum Creek'' means Plum Creek
Timber Company, L.P., a Delaware Limited Partnership, or its
successors, heirs, or assigns.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
[[Page 112 STAT. 2681-328]]
(4) Selected land.--The term ``selected land'' means all
right, title and interest, including the surface and subsurface
interests, unless Plum Creek agrees otherwise, in land described
in section 604(b) to be conveyed into the private ownership of
Plum Creek under this Act.
SEC. 604. LAND EXCHANGE.
(a) Condition and Conveyance of Offered Land.--The exchange directed
by this Act shall be consummated if Plum Creek conveys title acceptable
to the Secretary in and to the lands described in subsection (d), the
offered lands described in paragraphs (1) and (2), or, if necessary, the
lands and interests in land as provided in subsection (c).
(1) Certain land comprising approximately 8,808 acres and
located within the exterior boundaries of the Mt. Baker-
Snoqualmie National Forest, Washington, as generally depicted on
a map entitled ``Interstate 90 Land Exchange'', dated October
1998; and
(2) Certain land comprising approximately 53,576 acres and
located within or adjacent to the exterior boundaries of the
Wenatchee National Forest, Washington, as generally depicted on
a map entitled ``Interstate 90 Land Exchange'', dated October
1998.
(b) Conveyance of Selected Land by the United States.--Upon receipt
of acceptable title to the offered land, and lands and interests
described in subsection (d), the Secretary shall simultaneously convey
to Plum Creek all right, title and interest of the United States,
subject to valid existing rights, in and to the following selected land:
(1) Certain land administered, as of the date of enactment
of this Act, by the Secretary of Agriculture as part of the Mt.
Baker-Snoqualmie National Forest, Washington, and comprising
approximately
5,697 acres, as generally depicted on a map entitled ``Interstate 90
Land Exchange'', dated October 1998.
(2) Certain land administered, as of the date of enactment
of this Act, by the Secretary of Agriculture as part of the
Wenatchee National Forest, Washington, and comprising
approximately 5,197 acres, as generally depicted on a map
entitled ``Interstate 90 Land Exchange'', dated October 1998.
(3) Certain land administered, as of the date of enactment
of this Act, by the Secretary of Agriculture as part of the
Gifford Pinchot National Forest, Washington, and comprising
approximately 5,601 acres, as generally depicted on a map
entitled ``Interstate 90 Land Exchange'', dated October 1998.
(c) Offered Land Title.--If Plum Creek conveys title acceptable to
the Secretary to less than all rights and interests in the offered
lands, but conveys title acceptable to the Secretary to all rights and
interests that Plum Creek owns and acquires under previous agreements in
the lands described in subsection (d), the offered lands, and lands on
the east and west sides of Cle Elum Lake, comprising approximately 252
acres, described as Township 21 North, Range 14 East, Section 5, and
Lost Lake lands comprising approximately 272 acres, described as
Township 21 North, Range 11 East, W\1/2\ of Section 3, the Secretary
shall convey to Plum Creek all rights and interest in the selected land
after the values of the offered and selected land are equalized. The
values of the
[[Page 112 STAT. 2681-329]]
offered and selected lands shall be equalized as provided in section
605(c)-(e) without regard to the value of lands described in subsection
(d) or the Cle Elum or Lost Lake lands.
(d) <<NOTE: 16 USC 1132 note.>> Land Donation.--Plum Creek agrees
that it will convey, in the form of a voluntary donation, title
acceptable to the Secretary in and to lands and interests in lands
comprising approximately 320 acres, described as Township 22 North,
Range 11 East, S\1/2\ of Section 13, if Plum Creek conveys title to
lands and interests pursuant to subsections (a) or (c). It is the
intention of Congress that any portion of such donated land which the
Secretary determines qualifies as wilderness be, upon the date of its
acquisition by the United States, incorporated in and managed as part of
the adjacent Alpine Lakes Wilderness (as designated by Public Law 94-
357) in accordance with section 6(a) of the Wilderness Act (16 U.S.C.
1135).
SEC. 605. EXCHANGE VALUATION, APPRAISALS AND EQUALIZATION.
(a) Equal Value Exchange.--
(1) In general.--The values of the offered and selected
land--
(A) shall be equal; or
(B) if the values are not equal, shall be equalized
as set forth in subsections (c)-(e).
(2) Appraisal assumption.--In order to ensure the equitable
and uniform appraisal of both the offered and selected land
directed for exchange by this Act, all appraisals shall
determine the highest and best use of the offered and selected
land in
accordance with applicable provisions of the Washington State Forest
Practices Act and rules and regulations thereunder, including
alternative measures for protecting critical habitat pursuant to a
habitat conservation plan as provided in Washington Administrative Code
222-16-080-(6).
(3) Appraisals.--The values of the offered land and selected
land shall be determined by appraisals utilizing nationally
recognized appraisal standards, including applicable provisions
of the Uniform Appraisal Standards for Federal Land Acquisitions
(1992), the Uniform Standards of Professional Appraisal
Practice, and section 206(d) of the Federal Land Policy and
Management Act of 1976, as amended (43 U.S.C. 1716(d)).
(4) Approval by the Secretary.--The appraisals, if not
already completed by the date of enactment of this Act, shall be
completed and submitted to the Secretary for approval not later
than 180 days after the date of enactment of this Act: Provided,
That all timber harvest cease no later than November 30, 1998,
except for any cleanup, reforestation, or other post-harvest
work which cannot be completed by November 30, 1998. A
comprehensive summary of the appraisal consistent with 7 CFR
Part 1.11 shall be made available for public inspection in the
Office of the Supervisor, Wenatchee National Forest, not less
than 30 days nor more than 45 days prior to the exchange of
deeds.
(b) Appraisal Period.--After the final appraised values of the
offered and selected lands, or any portion of the land, have been
approved by the Secretary or otherwise determined under section 206(d)
of the Federal Land Policy and Management Act (43 U.S.C. 1716(d)), the
value shall not be reappraised or updated before
[[Page 112 STAT. 2681-330]]
consummation of the land exchange, except to account for any timber
harvest that might occur after completion of the final appraisal, or for
any adjustments under section 606(g).
(c) Equalization if Surplus of Offered Land.--
(1) In general.--If the final appraised value of the offered
land or lands and interest in lands conveyed by Plum Creek under
section 604(c), except for the Cle Elum and Lost Lake lands,
exceeds the final appraised value of the selected land, Plum
Creek shall delete offered land parcels from the exchange in the
exact order each land Section (or offered portion thereof) is
listed in paragraph (2) until the values are approximately
equal.
(2) Order of deletion.--Offered land deletions under
paragraph (1) shall be made in the following order:
(A) Township 22 North, Range 13 East, Section 31,
Willamette Meridian;
(B) Township 21 North, Range 11 East, Section 35;
(C) Township 19 North, Range 11 East, Section 35;
(D) Township 19 North, Range 12 East, Section 1;
(E) Township 20 North, Range 11 East, Sections 1 and
13;
(F) Township 19 North, Range 12 East, Section 15;
(G) Township 20 North, Range 11 East, Section 11;
(H) Township 21 North, Range 11 East, Section 27;
(I) Township 19 North, Range 13 East, Sections 27
and 15;
(J) Township 21 North, Range 11 East, Sections 21
and 25;
(K) Township 19 North, Range 11 East, Section 23;
(L) Township 19 North, Range 13 East, Sections 21, 9
and 35;
(M) Township 20 North, Range 12 East, Sections 35
and 27;
(N) Township 19 North, Range 12 East, Section 11;
(O) Township 21 North, Range 11 East, Section 17;
(P) Township 21 North, Range 11 East, Section 5;
(Q) Township 18 North, Range 15 East, Section 3;
(R) Township 19 North, Range 14 East, Section 25;
(S) Township 19 North, Range 15 East, Sections 29
and 31; and
(T) Township 19 North, Range 13 East, Section 7.
(d) Equalization if Surplus of Selected Land.--
(1) In general.--If the final appraised value of the
selected land exceeds the final appraised value of the offered
land or lands and interest in lands conveyed by Plum Creek under
section 604(c), except for the Cle Elum and Lost Lake lands, the
Secretary shall delete selected land parcels from the exchange
in the exact order each land Section (or selected portion
thereof) is listed in paragraph (2) until the values are
approximately equal.
(2) Order of deletion.--Selected land deletions under
paragraph 1 shall be made in the following listed order:
(A) the portion of Township 20 North, Range 11 East,
Section 30 lying east of the thread of Sawmill Creek;
(B) the portion of Township 19 North, Range 11 East,
Section 6 lying east of the thread of Sawmill Creek;
(C) Township 20 North, Range 11 East, Section 32;
[[Page 112 STAT. 2681-331]]
(D) Township 21 North, Range 14 East, Sections 28,
22, 36, 26 and 16;
(E) Township 18 North, Range 15 East, Sections 13,
12 and 2;
(F) Township 18 North, Range 15 East, Section 1; and
(G) Township 18 North, Range 15 East, Section 17,
Willamette Meridian.
(e) Once the values of the offered and selected lands are equalized
to the maximum extent practicable under subsections (c) or (d), any cash
equalization balance due the Secretary or Plum Creek shall be made
through cash equalization payments under subsection 206(b) of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)).
(f) Use of Proceeds by the Secretary.--The amount of any cash
equalization payment received by the Secretary under this section shall
be retained by the Secretary and shall be used by the Secretary until
fully expended to purchase land from willing sellers in the State of
Washington for addition to the National Forest System.
SEC. 606. MISCELLANEOUS PROVISIONS.
(a) Status of Lands After Exchange.--
(1) Land acquired by the secretary.--
(A) In general.--Land acquired by the Secretary
under this Act shall become part of the Mt. Baker-
Snoqualmie, Gifford Pinchot or Wenatchee National
Forests, as appropriate.
(B) Modification of boundaries.--
(1) If any land acquired by the Secretary lies
outside the exterior boundaries of the national
forests identified in subparagraph (A), the
boundaries of the
appropriate national forest are hereby modified to include such land.
(2) Nothing in this section shall limit the
authority of the Secretary to adjust the
boundaries of such National Forests pursuant to
section 11 of the Act of March 1, 1911 (commonly
known as the ``Weeks Act'').
(3) For purposes of section 7 of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C.
4601-9) the boundaries of Mt. Baker-Snoqualmie,
Wenatchee and Gifford Pinchot as modified by this
Act shall be considered to be the boundaries of
such forests as of January 1, 1965.
(C) Management.--Land acquired by the Secretary
under this Act shall have the status of lands acquired
under the Act of March 1, 1911 and shall be managed in
accordance with the laws, rules, regulations and
guidelines applicable to the National Forest System.
(2) Land acquired by plum creek.--Land acquired by Plum
Creek under this Act shall become private land for all purposes
of law, unless the deed by which conveyance is made to Plum
Creek contains a specific reservation.
(b) Post-Exchange Access to Land.--
(1) Finding.--Congress finds that Plum Creek and the
Secretary should have adequate and timely post-exchange
[[Page 112 STAT. 2681-332]]
access to lands acquired pursuant to this Act over existing
primary, secondary, or other national forest system roads as may
be needed.
(2) Intention.--It is the intention of Congress that Plum
Creek have access to all lands it acquires under this Act, and
when such access requires construction of new roads, it shall be
granted in compliance with the National Environmental Policy
Act, the Endangered Species Act, the National Historic
Preservation Act, and other applicable laws, rules, and
regulations.
(3) Access within cost share agreement areas.--Within Cost
Share Construction and Use Agreement Areas, Plum Creek and the
Secretary will convey road access, at no cost, to the lands
acquired by each party upon consummation of the exchange
pursuant to this Act in accordance with the appropriate terms
and procedures of said cost share construction and use
agreements.
(4) Access outside cost share agreement areas.--Outside of
Cost Share Construction and Use Agreement Areas, the Secretary
shall grant Plum Creek road access easements at no cost in a
form set out in Forest Service Handbook 2709.12, 35. In the case
of new road construction, they shall conform to the Secretary's
rules and regulations 36 CFR 251, subpart B, for the roads
identified on the map entitled ``Plum Creek Access Road Needs'',
dated September 1998, including mitigation under existing law.
(c) Access to Certain Lands Acquired by the United States.--Outside
of Cost Share Construction and Use Agreement Areas, Plum Creek shall
grant the Secretary road access easements at no cost on the locations
identified by the Secretary in a format acceptable to the Secretary.
(d) Timing.--It is the intent of Congress that the land exchange
authorized and directed by this Act be consummated no later than 270
days after the date of enactment of this Act, unless the Secretary and
Plum Creek mutually agree to extend the consummation date.
(e) Withdrawal of Selected Land.--Effective upon the date of
enactment of this Act, all selected land identified for exchange to Plum
Creek under section 604(b)
is hereby withdrawn from all forms of entry and appropriation under the
U.S. mining and mineral leasing laws, including the Geothermal Steam Act
of 1970, until such time as the exchange is consummated, or until a
particular parcel or parcels are deleted from the exchange under section
605(d).
(f) Withdrawal of Cle Elum River Lands.--Lands acquired by the
Secretary under this Act that are located in Township 23 North, Range 14
East, and Township 22 North, Range 14 East, Willamette Meridian, shall
upon the date of their acquisition be permanently withdrawn from all
forms of entry and appropriation under the U.S. mining and mineral
leasing laws, including the Geothermal Steam Act of 1970.
(g) Parcels Subject to Historic or Cultural Resource Restrictions.--
(1) Report to plum creek.--No later than 180 days after
enactment of this Act, the Secretary shall complete
determinations and consultation under the National Historic
Preservation Act and submit a report to Plum Creek and other
consulting
[[Page 112 STAT. 2681-333]]
parties under the National Historic Preservation Act listing by
exact aliquot part description any parcel or parcels of selected
land on which cultural properties have been identified and for
which protection, use restrictions or mitigation requirements
will be imposed. Such report shall include an exact description
of each restriction or mitigation action required.
(2) Plum creek response.--Within 30 days of receipt of the
Secretary's report under paragraph (1), Plum Creek shall notify
the Secretary as to: (i) those parcels it will accept subject to
the identified use restrictions or mitigation requirements; and
(ii) those parcels it will not accept because the restrictions
or mitigation requirements are deemed by Plum Creek to be an
unacceptable encumbrance on the land.
(3) Parcel deletion.--The Secretary shall delete from the
selected land those parcels identified by Plum Creek as
unacceptable for conveyance under paragraph (2).
(4) Appraisal adjustment.--The fair market value of any
parcels deleted under paragraph (3), or any modification in fair
market value caused by the use restrictions or mitigation
requirements on land accepted by Plum Creek, shall be based on
their contributory value to the final approved appraised value
of the selected land and subtracted from such value prior to
consummation of the exchange.
(h) Access Limitation.--The Secretary shall not grant any road
easements that would access the offered lands listed in section 604(a)
prior to consummation of the exchange: Provided, That this provision
shall not apply should either party withdraw from the exchange.
SEC. 607. LAND PURCHASE.
(a) Finding.--The Congress finds that certain lands owned by Plum
Creek in the vicinity of the offered lands (but which are not included
in the land exchange under this Act, or are deleted under section
605(c)) are highly desirable for addition to the National Forest System,
and that Plum Creek has indicated its willingness to sell certain such
lands to the United States. It is the intention of Congress that such
lands be acquired by the United States, subject to the availability of
funds, by purchase at fair market value consistent with the land
acquisition procedures of the Secretary, and with the consent of Plum
Creek, in order to preserve their outstanding scenic and natural values
for the benefit of future generations.
(b) Purchase Consultation.--In furtherance of subsection (a), the
Secretary is authorized and directed to consult with Plum Creek to
determine the precise lands Plum Creek is willing to sell.
(c) Other Agreements.--Nothing in this Act shall be construed to
prohibit the Secretary from entering into
additional agreements or contracts with Plum Creek to purchase, exchange
or otherwise acquire lands from Plum Creek in Washington or any other
state under the laws, rules and regulations generally applicable to
Federal land acquisitions.
SEC. 608. TIETON RIVER STUDY.
The Secretary is authorized and directed to consult with Plum Creek
concerning opportunities for the United States to acquire by exchange or
purchase Plum Creek lands along the Tieton River in Township 14 North,
Range 15 East, Willamette Meridian.
[[Page 112 STAT. 2681-334]]
SEC. 609. FUTURE LAND EXCHANGE OPPORTUNITY.
(a) Finding.--The Congress finds that certain lands which were
identified for exchange to the United States in the I-90 Land Exchange
process have been, or may be, deleted from the final exchange under this
Act due to value equalization or other reasons. However, some or all of
such deleted lands, or other Plum Creek lands, may possess attributes
that merit their conveyance to the United States in a follow-up land
exchange, including lands in or around the Carbon River, the Yakima
River, the Pacific Crest Trail, Watch Mountain and Goat Mountain on the
Gifford Pinchot National Forest, the Green River and the Manastash late
successional reserve.
(b) Future Exchange.--In furtherance of subsection (a), the
Secretary is authorized and directed to consult with Plum Creek in
examining opportunities for the United States to acquire such deleted
lands, or other Plum Creek lands in the State of Washington, in a future
exchange.
(c) Report to Congress.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall submit a report to the
Committee on Energy and Natural Resources of the United States Senate
and the Committee on Resources of the United States House of
Representatives briefly outlining future land exchange opportunities
with Plum Creek, including those for which the Secretary is required to
consult under section 608, which the Secretary determines merit detailed
analysis and consideration. The Secretary should identify the most
urgent acquisitions for purchase or exchange in the report.
SEC. 610. WILDERNESS STUDY AREA.
In furtherance of the purposes of the Wilderness Act, if the land
exchange directed by this Act is consummated, the area of land
comprising approximately 15,000 acres, as generally depicted on a map
entitled ``Alpine Lakes Wilderness Study Area'', dated October 1998,
shall be reviewed by the Secretary of Agriculture as to its suitability
for preservation as wilderness. The Secretary shall submit a report and
findings to the President, and the President shall submit his
recommendations to the United States House of Representatives and United
States Senate no later than three years after the date of enactment of
this Act. Subject to valid existing rights and existing uses, such lands
shall, until Congress determines otherwise or until December 31, 2003,
be administered by the Secretary to maintain their wilderness character
existing as of the date of enactment of this Act and potential for
inclusion in the National Wilderness Preservation System, and shall be
withdrawn from all forms of entry and appropriation under the U.S.
mining and mineral leasing laws, including the Geothermal Steam Act of
1970.
SEC. 611. <<NOTE: 16 USC 539k.>> KELLY BUTTE SPECIAL MANAGEMENT AREA.
(a) Establishment.--Upon conveyance to the United States of the Plum
Creek offered lands in the Kelly Butte area, there is hereby established
the Kelly Butte Special Management Area in the Mt. Baker-Snoqualmie
National Forest, Washington, comprising approximately 5,642 acres, as
generally depicted on a map entitled ``Kelly Butte Special Management
Area'', dated October 1998.
(b) Management.--The Kelly Butte Special Management Area shall be
managed by the Secretary in accordance with the laws, rules and
regulations generally
applicable to National Forest System lands, and subject to the following
additional provisions:
[[Page 112 STAT. 2681-335]]
(1) the Area shall be managed with special emphasis on:
(A) preserving its natural character and protecting
and enhancing water quality in the upper Green River
watershed;
(B) permitting hunting and fishing;
(C) providing opportunities for primitive and semi-
primitive recreation and scientific research and study;
(D) protecting and enhancing populations of fish,
wildlife and native plant species; and
(E) allowing for traditional uses by native American
peoples;
(2) commercial timber harvest and road construction shall be
prohibited;
(3) the Area shall be closed to the use of motor vehicles,
except as may be necessary for administrative purposes or in
emergencies (including rescue operations) to protect public
health and safety; and
(4) the Area shall, subject to valid existing rights, be
permanently withdrawn from all forms of entry and appropriation
under the U.S. mining laws and mineral leasing laws, including
the Geothermal Steam Act of 1970.
(c) No Buffer Zones.--Congress does not intend that the designation
of the Kelly Butte Special Management Area lead to the creation of
protective perimeters or buffer zones around the Area. The fact that
non-compatible activities or uses can be seen or heard from within the
Kelly Butte Special Management Area shall not, of itself, preclude such
activities or uses up to the boundary of the Area.
SEC. 612. EFFECT ON COUNTY REVENUES.
The Secretary shall consult with the appropriate Committees of
Congress, and local elected officials in the counties in the State of
Washington in which the offered lands are located, regarding options to
minimize the adverse effect on county revenues of the transfer of the
offered lands from private to Federal ownership.
TITLE VII <<NOTE: Indian Tribal Tort Claims and Risk Management Act of
1998. 25 USC 450f note.>>
INDIAN TRIBAL TORT CLAIMS AND RISK MANAGEMENT
SEC. 701. SHORT TITLE.
This title may be cited as the ``Indian Tribal Tort Claims and Risk
Management Act of 1998''.
SEC. 702. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) Indian tribes have made significant achievements toward
developing a foundation for economic self-sufficiency and self-
determination, and that economic self-sufficiency and self-
determination have increased opportunities for the Indian tribes
and other entities and persons to interact more frequently in
commerce and intergovernmental relationships;
(2) although Indian tribes have sought and secured liability
insurance coverage to meet their needs, many Indian tribes are
faced with significant barriers to obtaining liability insurance
because of the high cost or unavailability of such coverage in
the private market;
[[Page 112 STAT. 2681-336]]
(3) as a result, Congress has extended liability coverage
provided to Indian tribes to organizations to carry out
activities under the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450 et seq.); and
(4) there is an emergent need for comprehensive and cost-
efficient insurance that allows the economy of Indian tribes to
continue to grow and provides compensation to persons that may
suffer personal injury or loss of property.
(b) Purpose.--The purpose of this title is to provide for a study to
facilitate relief for a person who is injured as a result of an official
action of a tribal government.
SEC. 703. DEFINITIONS.
In this title:
(1) Indian tribe.--The term ``Indian tribe'' has the meaning
given that term in section 4(e) of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b(e)).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Tribal organization.--The term ``tribal organization''
has the meaning given that term in section 4(l) of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
450b(l)).
SEC. 704. STUDY AND REPORT TO CONGRESS.
(a) In General.--
(1) Study.--In order to minimize and, if possible, eliminate
redundant or duplicative liability insurance coverage and to
ensure that the provision of insurance to Indian tribes is cost-
effective, the Secretary shall conduct a comprehensive survey of
the degree, type, and adequacy of liability insurance coverage
of Indian tribes at the time of the study.
(2) Contents of study.--The study conducted under this
subsection shall include--
(A) an analysis of loss data;
(B) risk assessments;
(C) projected exposure to liability, and related
matters; and
(D) the category of risk and coverage involved,
which may include--
(i) general liability;
(ii) automobile liability;
(iii) the liability of officials of the Indian
tribe;
(iv) law enforcement liability;
(v) workers' compensation; and
(vi) other types of liability contingencies.
(3) Assessment of coverage by categories of risk.--For each
Indian tribe, for each category of risk identified under
paragraph (2), the Secretary, in conducting the study, shall
determine whether insurance coverage or coverage under chapter
171 of title 28, United States Code, applies to that Indian
tribe for that activity.
(b) Report.--Not later than June 1, 1999, and annually thereafter,
the Secretary shall submit a report to Congress that contains
legislative recommendations that the Secretary determines to--
(1) be appropriate to improve the provision of insurance
coverage to Indian tribes; or
[[Page 112 STAT. 2681-337]]
(2) otherwise achieve the purpose of providing relief to
persons who are injured as a result of an official action of a
tribal government.
SEC. 705. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Department of the
Interior such sums as may be necessary to carry out this title.
This Act may be cited as the ``Department of the Interior and
Related Agencies Appropriations Act, 1999''.
(f) For programs, projects or activities in the Departments of
Labor, Health and Human Services, and Education, and Related Agencies
Appropriations Act, 1999, provided as follows, to be effective as if it
had been enacted into law as the regular appropriations Act:
TITLE I--DEPARTMENT OF LABOR
Employment and Training Administration
For necessary expenses of the Job Training Partnership Act, as
amended, including the purchase and hire of passenger motor vehicles,
the construction, alteration, and repair of buildings and other
facilities, and the purchase of real property for training centers as
authorized by the Job Training Partnership Act; the Stewart B. McKinney
Homeless Assistance Act; the Women in Apprenticeship and Nontraditional
Occupations Act; the National Skill Standards Act of 1994; section
166(j) of the Workforce Investment Act of 1998; and the School-to-Work
Opportunities Act; $5,272,324,000 plus reimbursements, of which
$3,740,287,000 is available for obligation for the period July 1, 1999
through June 30, 2000; of which $1,250,965,000 is available for
obligation for the period April 1, 1999 through June 30, 2000, including
$250,000,000 for activities authorized by section 127(b)(1) of the
Workforce Investment Act; of which $152,072,000 is available for the
period July 1, 1999 through June 30, 2002, including $1,500,000 under
authority of part B of title III of the Job Training Partnership Act for
use by The Organizing Committee for The 2001 Special Olympics World
Winter Games in Alaska to promote employment opportunities for
individuals with mental disabilities, and $150,572,000 for necessary
expenses of construction, rehabilitation, and acquisition of Job Corps
centers; and of which $125,000,000 shall be available from July 1, 1999
through September 30, 2000, for carrying out activities of the School-
to-Work Opportunities Act: Provided, That funds made available under
this heading to carry out the Job Training Partnership Act may be used
for transition to, and implementation of, the provisions of the
Workforce Investment Act of 1998: Provided further, That $57,815,000
shall be for carrying out section 401 of the Job Training Partnership
Act, $71,517,000 shall be for carrying out section 402 of such Act,
$7,300,000 shall be for carrying out section 441 of such Act, $9,000,000
shall be
[[Page 112 STAT. 2681-338]]
for all activities conducted by and through the National Occupational
Information Coordinating Committee under such Act, $955,000,000 shall be
for carrying out title II, part A of such Act, and $129,965,000 shall be
for carrying out title II, part C of such Act: Provided further, That
funding appropriated herein under authority of part B of title III of
the Job Training Partnership Act includes $5,000,000 for use by The
Organizing Committee for The 1999 Special Olympics World Summer Games to
promote employment opportunities for individuals with mental
disabilities: Provided further,
That the National Occupational Information Coordinating Committee is
authorized, effective upon enactment, to charge fees for publications,
training and technical assistance developed by the National Occupational
Information Coordinating Committee: Provided further, That revenues
received from publications and delivery of technical assistance and
training, notwithstanding 31 U.S.C. 3302, shall be credited to the
National Occupational Information Coordinating Committee program account
and shall be available to the National Occupational Information
Coordinating Committee without further appropriations, so long as such
revenues are used for authorized activities of the National Occupational
Information Coordinating Committee: Provided further, That no funds from
any other appropriation shall be used to provide meal services at or for
Job Corps centers: Provided further, That funds provided for title III
of the Job Training Partnership Act shall not be subject to the
limitation contained in subsection (b) of section 315 of such Act; that
the waiver described in section 315(a)(2) may be granted if a substate
grantee demonstrates to the Governor that such waiver is appropriate due
to the availability of low-cost retraining services, is necessary to
facilitate the provision of needs-related payments to accompany long-
term training, or is necessary to facilitate the provision of
appropriate basic readjustment services; and that funds provided for
discretionary grants under part B of such title III may be used to
provide needs-related payments to participants who, in lieu of meeting
the enrollment requirements under section 314(e) of such Act, are
enrolled in training by the end of the sixth week after grant funds have
been awarded: Provided further, That funds provided to carry out section
324 of such Act may be used for demonstration projects that provide
assistance to new entrants in the workforce and incumbent workers:
Provided further, That service-delivery areas may transfer funding
provided herein under authority of title II, parts B and C of the Job
Training Partnership Act between the programs authorized by those titles
of the Act, if the transfer is approved by the Governor: Provided
further, That service delivery areas and substate areas may transfer up
to 20 percent of the funding provided herein under authority of title
II, part A and title III of the Job Training Partnership Act between the
programs authorized by those titles of the Act, if such transfer is
approved by the Governor: Provided further, That, notwithstanding any
other provision of law, any proceeds from the sale of Job Corps center
facilities shall be retained by the Secretary of Labor to carry out the
Job Corps program: Provided further, That notwithstanding any other
provision of law, the Secretary of Labor may waive any of the statutory
or regulatory requirements of titles I-III of the Job Training
Partnership Act (except for requirements relating to wage and labor
standards, worker rights, participation and protection, grievance
procedures and judicial review, nondiscrimination, allocation of
[[Page 112 STAT. 2681-339]]
funds to local areas, eligibility, review and approval of plans, the
establishment and functions of service delivery areas and private
industry councils, and the basic purposes of the Act), and any of the
statutory or regulatory requirements of sections 8-10 of the Wagner-
Peyser Act (except for requirements relating to the provision of
services to unemployment insurance claimants and veterans, and to
universal access to basic labor exchange services without cost to job
seekers), only for funds available for expenditure in program year 1999,
pursuant to a request submitted by a State which identifies the
statutory or regulatory requirements that are requested to be waived and
the goals which the State or local service delivery areas intend to
achieve, describes the actions that the State or local service delivery
areas have undertaken to remove State or local statutory or regulatory
barriers, describes the goals of the waiver and the expected
programmatic outcomes if the request is granted, describes the
individuals impacted by the waiver, and describes the process used to
monitor the progress in implementing a
waiver, and for which notice and an opportunity to comment on such
request has been provided to the organizations identified in section
105(a)(1) of the Job Training Partnership Act, if and only to the extent
that the Secretary determines that such requirements impede the ability
of the State to implement a plan to improve the workforce development
system and the State has executed a Memorandum of Understanding with the
Secretary requiring such State to meet agreed upon outcomes and
implement other appropriate measures to ensure accountability.
Of the funds made available beginning on October 1, 1998 under this
heading in Public Law 105-78 for Opportunity Areas of Out-of-School
Youth, $250,000,000 are rescinded.
To carry out the activities for national grants or contracts with
public agencies and public or private nonprofit organizations under
paragraph (1)(A) of section 506(a) of title V of the Older Americans Act
of 1965, as amended, or to carry out older worker activities as
subsequently authorized, $343,356,000.
To carry out the activities for grants to States under paragraph (3)
of section 506(a) of title V of the Older Americans Act of 1965, as
amended, or to carry out older worker activities as subsequently
authorized, $96,844,000.
For payments during the current fiscal year of trade adjustment
benefit payments and allowances under part I; and for training,
allowances for job search and relocation, and related State
administrative expenses under part II, subchapters B and D, chapter 2,
title II of the Trade Act of 1974, as amended, $360,700,000, together
with such amounts as may be necessary to be charged to the subsequent
appropriation for payments for any period subsequent to September 15 of
the current year.
For authorized administrative expenses, $162,097,000, together with
not to exceed $3,132,076,000 (including not to exceed
[[Page 112 STAT. 2681-340]]
$1,228,000 which may be used for amortization payments to States which
had independent retirement plans in their State employment service
agencies prior to 1980), which may be expended from the Employment
Security Administration account in the Unemployment Trust Fund including
the cost of administering section 1201 of the Small Business Job
Protection Act of 1996, section 7(d) of the Wagner-Peyser Act, as
amended, section 461 of the Job Training Partnership Act, the Trade Act
of 1974, as amended, the Immigration Act of 1990, and the Immigration
and Nationality Act, as amended, and of which the sums available in the
allocation for activities authorized by title III of the Social Security
Act, as amended (42 U.S.C. 502-504), and the sums available in the
allocation for necessary administrative expenses for carrying out 5
U.S.C. 8501-8523, shall be available for obligation by the States
through December 31, 1999, except that funds used for automation
acquisitions shall be available for obligation by the States through
September 30, 2001; and of which $162,097,000, together with not to
exceed $746,138,000 of the amount which may be expended from said trust
fund, shall be available for obligation for the period July 1, 1999
through June 30, 2000, to fund activities under the Act of June 6, 1933,
as amended, including the cost of penalty mail authorized under 39
U.S.C. 3202(a)(1)(E) made available to States in lieu of allotments for
such purpose, and of which $180,933,000 shall be available only to the
extent necessary for additional State allocations to administer
unemployment compensation laws to finance increases in the number of
unemployment insurance claims filed and claims paid or changes in a
State law: Provided, That to the extent that the Average Weekly Insured
Unemployment (AWIU) for fiscal year 1999 is projected by the Department
of Labor to exceed 2,629,000, an additional $28,600,000 shall be
available for obligation for every 100,000 increase in the AWIU level
(including
a pro rata amount for any increment less than 100,000) from the
Employment Security Administration Account of the Unemployment Trust
Fund: Provided further, That funds appropriated in this Act which are
used to establish a national one-stop career center network may be
obligated in contracts, grants or agreements with non-State entities:
Provided further, That funds appropriated under this Act for activities
authorized under the Wagner-Peyser Act, as amended, and title III of the
Social Security Act, may be used by the States to fund integrated
Employment Service and Unemployment Insurance automation efforts,
notwithstanding cost allocation principles prescribed under Office of
Management and Budget Circular A-87.
For repayable advances to the Unemployment Trust Fund as authorized
by sections 905(d) and 1203 of the Social Security Act, as amended, and
to the Black Lung Disability Trust Fund as authorized by section
9501(c)(1) of the Internal Revenue Code of 1954, as amended; and for
nonrepayable advances to the Unemployment Trust Fund as authorized by
section 8509 of title 5, United States Code, and to the ``Federal
unemployment benefits and allowances'' account, to remain available
until September 30, 2000, $357,000,000.
In addition, for making repayable advances to the Black Lung
Disability Trust Fund in the current fiscal year after September
[[Page 112 STAT. 2681-341]]
15, 1999, for costs incurred by the Black Lung Disability Trust Fund in
the current fiscal year, such sums as may be necessary.
For expenses of administering employment and training programs,
$94,410,000, including $6,360,000 to support up to 75 full-time
equivalent staff, the majority of which will be term Federal
appointments lasting no more than two years, to administer welfare-to-
work grants, together with not to exceed $43,716,000, which may be
expended from the Employment Security Administration account in the
Unemployment Trust Fund.
Pension and Welfare Benefits Administration
For necessary expenses for the Pension and Welfare Benefits
Administration, $90,000,000.
Pension Benefit Guaranty Corporation
The Pension Benefit Guaranty Corporation is authorized to make such
expenditures, including financial assistance authorized by section 104
of Public Law 96-364, within limits of funds and borrowing authority
available to such Corporation, and in accord with law, and to make such
contracts and commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control Act, as
amended (31 U.S.C. 9104), as may be necessary in carrying out the
program through September 30, 1999, for such Corporation: Provided, That
not to exceed $10,958,000 shall be available for administrative expenses
of the Corporation: Provided further, That expenses of such Corporation
in connection with the termination of pension plans, for the
acquisition, protection or management, and investment of trust assets,
and for benefits administration services shall be considered as non-
administrative expenses for the purposes hereof, and excluded from the
above limitation.
Employment Standards Administration
For necessary expenses for the Employment Standards Administration,
including reimbursement to State, Federal, and local agencies and their
employees for inspection services rendered, $312,076,000, together with
$1,924,000 which may be expended from the Special Fund in accordance
with sections 39(c), 44(d) and 44(j) of the Longshore and Harbor
Workers' Compensation Act: Provided, That $1,000,000 shall be for the
development of an alternative system for the electronic submission of
reports as required to be filed under the Labor-Management Reporting and
Disclosure Act of 1959, as amended, and
for a computer database of the information for each submission by
whatever means, that is indexed and easily searchable by the public via
the Internet: Provided further, That the Secretary of Labor is
authorized to accept, retain, and spend, until expended, in the name of
the
[[Page 112 STAT. 2681-342]]
Department of Labor, all sums of money ordered to be paid to the
Secretary of Labor, in accordance with the terms of the Consent Judgment
in Civil Action No. 91-0027 of the United States District Court for the
District of the Northern Mariana Islands (May 21, 1992): Provided
further, That the Secretary of Labor is authorized to establish and, in
accordance with 31 U.S.C. 3302, collect and deposit in the Treasury fees
for processing applications and issuing certificates under sections
11(d) and 14 of the Fair Labor Standards Act of 1938, as amended (29
U.S.C. 211(d) and 214) and for processing applications and issuing
registrations under title I of the Migrant and Seasonal Agricultural
Worker Protection Act (29 U.S.C. 1801 et seq.).
For the payment of compensation, benefits, and expenses (except
administrative expenses) accruing during the current or any prior fiscal
year authorized by title 5, chapter 81 of the United States Code;
continuation of benefits as provided for under the head ``Civilian War
Benefits'' in the Federal Security Agency Appropriation Act, 1947; the
Employees' Compensation Commission Appropriation Act, 1944; sections
4(c) and 5(f) of the War Claims Act of 1948 (50 U.S.C. App. 2012); and
50 percent of the additional compensation and benefits required by
section 10(h) of the Longshore and Harbor Workers' Compensation Act, as
amended, $179,000,000 together with such amounts as may be necessary to
be charged to the subsequent year appropriation for the payment of
compensation and other benefits for any period subsequent to August 15
of the current year: Provided, That amounts appropriated may be used
under section 8104 of title 5, United States Code, by the Secretary of
Labor to reimburse an employer, who is not the employer at the time of
injury, for portions of the salary of a reemployed, disabled
beneficiary: Provided further, That balances of reimbursements
unobligated on September 30, 1998, shall remain available until expended
for the payment of compensation, benefits, and expenses: Provided
further, That in addition there shall be transferred to this
appropriation from the Postal Service and from any other corporation or
instrumentality required under section 8147(c) of title 5, United States
Code, to pay an amount for its fair share of the cost of administration,
such sums as the Secretary determines to be the cost of administration
for employees of such fair share entities through September 30, 1999:
Provided further, That of those funds transferred to this account from
the fair share entities to pay the cost of administration, $20,250,000
shall be made available to the Secretary as follows: for the operation
of and enhancement to the automated data processing systems in support
of Federal Employees' Compensation Act administration, $11,969,000; for
expenditures relating to the expansion of the periodic roll management
project, $6,652,000; for the financial management improvement project,
$1,629,000; and the remaining funds shall be paid into the Treasury as
miscellaneous receipts: Provided further, That the Secretary may require
that any person filing a notice of injury or a claim for benefits under
chapter 81 of title 5, United States Code, or 33 U.S.C. 901 et seq.,
provide as part of such notice and claim, such identifying information
[[Page 112 STAT. 2681-343]]
(including Social Security account number) as such regulations may
prescribe.
For payments from the Black Lung Disability Trust Fund,
$1,021,000,000, of which $969,725,000 shall be available until September
30, 2000, for payment of all benefits as authorized by section 9501(d)
(1), (2), (4), and (7) of the Internal Revenue Code of 1954, as amended,
and interest on advances as authorized by section
9501(c)(2) of that Act, and of which $30,191,000 shall be available for
transfer to Employment Standards Administration, Salaries and Expenses,
$20,422,000 for transfer to Departmental Management, Salaries and
Expenses, $306,000 for transfer to Departmental Management, Office of
Inspector General, and $356,000 for payment into miscellaneous receipts
for the expenses of the Department of Treasury, for expenses of
operation and administration of the Black Lung Benefits program as
authorized by section 9501(d)(5)(A) of that Act: Provided, That, in
addition, such amounts as may be necessary may be charged to the
subsequent year appropriation for the payment of compensation, interest,
or other benefits for any period subsequent to August 15 of the current
year.
Occupational Safety and Health Administration
For necessary expenses for the Occupational Safety and Health
Administration, $353,000,000, including not to exceed $80,084,000 which
shall be the maximum amount available for grants to States under section
23(g) of the Occupational Safety and Health Act, which grants shall be
no less than 50 percent of the costs of State occupational safety and
health programs required to be incurred under plans approved by the
Secretary under section 18 of the Occupational Safety and Health Act of
1970; and, in addition, notwithstanding <<NOTE: 29 USC 670 note.>> 31
U.S.C. 3302, the Occupational Safety and Health Administration may
retain up to $750,000 per fiscal year of training institute course
tuition fees, otherwise authorized by law to be collected, and may
utilize such sums for occupational safety and health training and
education grants: Provided, That, notwithstanding 31 U.S.C. 3302, the
Secretary of Labor is authorized, during the fiscal year ending
September 30, 1999, to collect and retain fees for services provided to
Nationally Recognized Testing Laboratories, and may utilize such sums,
in accordance with the provisions of 29 U.S.C. 9a, to administer
national and international laboratory recognition programs that ensure
the safety of equipment and products used by workers in the workplace:
Provided further, That none of the funds appropriated under this
paragraph shall be obligated or expended to prescribe, issue,
administer, or enforce any standard, rule, regulation, or order under
the Occupational Safety and Health Act of 1970 which is applicable to
any person who is engaged in a farming operation which does not maintain
a temporary labor camp and employs ten or fewer employees: Provided
further, That no funds appropriated under this paragraph shall be
obligated or expended to administer or enforce any standard, rule,
regulation, or order under the
[[Page 112 STAT. 2681-344]]
Occupational Safety and Health Act of 1970 with respect to any employer
of ten or fewer employees who is included within a category having an
occupational injury lost workday case rate, at the most precise Standard
Industrial Classification Code for which such data are published, less
than the national average rate as such rates are most recently published
by the Secretary, acting through the Bureau of Labor Statistics, in
accordance with section 24 of that Act (29 U.S.C. 673), except--
(1) to provide, as authorized by such Act, consultation,
technical assistance, educational and training services, and to
conduct surveys and studies;
(2) to conduct an inspection or investigation in response to
an employee complaint, to issue a citation for violations found
during such inspection, and to assess a penalty for violations
which are not corrected within a reasonable abatement period and
for any willful violations found;
(3) to take any action authorized by such Act with respect
to imminent dangers;
(4) to take any action authorized by such Act with respect
to health hazards;
(5) to take any action authorized by such Act with respect
to a report of an employment accident which is fatal to one or
more employees or which results in hospitalization of two or
more employees,
and to take any action pursuant to such investigation authorized by such
Act; and
(6) to take any action authorized by such Act with respect
to complaints of discrimination against employees for exercising
rights under such Act: Provided further, That the foregoing
proviso shall not apply to any person who is engaged in a
farming operation which does not maintain a temporary labor camp
and employs ten or fewer employees.
Mine Safety and Health Administration
For necessary expenses for the Mine Safety and Health
Administration, $211,165,000, including purchase and bestowal of
certificates and trophies in connection with mine rescue and first-aid
work, and the hire of passenger motor vehicles; and, in addition, not to
exceed $750,000 may be collected by the National Mine Health and Safety
Academy for room, board, tuition, and the sale of training materials,
otherwise authorized by law to be collected, to be available for mine
safety and health education and training activities, notwithstanding 31
U.S.C. 3302; <<NOTE: 30 USC 962 note.>> the Secretary is authorized to
accept lands, buildings, equipment, and other contributions from public
and private sources and to prosecute projects in cooperation with other
agencies, Federal, State, or private; the Mine Safety and Health
Administration is authorized to promote health and safety education and
training in the mining community through cooperative programs with
States, industry, and safety associations; and any funds available to
the Department may be used, with the approval of the Secretary, to
provide for the costs of mine rescue and survival operations in the
event of a major disaster: Provided, That none of the funds appropriated
under this paragraph shall be obligated or expended to carry out section
115 of the Federal Mine Safety and Health Act of 1977 or to carry out
that portion of section 104(g)(1) of such Act relating to the
enforcement
[[Page 112 STAT. 2681-345]]
of any training requirements, with respect to shell dredging, or with
respect to any sand, gravel, surface stone, surface clay, colloidal
phosphate, or surface limestone mine: Provided further, That the Mine
Safety and Health Administration may obligate or expend funds to
promulgate final training regulations that are designed for the above
named industries by no later than September 30, 1999.
Bureau of Labor Statistics
For necessary expenses for the Bureau of Labor Statistics, including
advances or reimbursements to State, Federal, and local agencies and
their employees for services rendered, $344,724,000, of which
$11,159,000 shall be for expenses of revising the Consumer Price Index
and shall remain available until September 30, 2000, together with not
to exceed $54,146,000, which may be expended from the Employment
Security Administration account in the Unemployment Trust Fund.
Departmental Management
For necessary expenses for Departmental Management, including the
hire of three sedans, and including up to $6,750,000 for the President's
Committee on Employment of People With Disabilities, and including
$500,000 to fund the activities of the Twenty-First Century Workforce
Commission authorized by section 334 of the Workforce Investment Act of
1998, $190,832,000; together with not to exceed $299,000, which may be
expended from the Employment Security Administration account in the
Unemployment Trust Fund: Provided, <<NOTE: 33 USC 921 note.>> That no
funds made available by this Act may be used by the Solicitor of Labor
to participate in a review in any United States court of appeals of any
decision made by the Benefits Review Board under section 21 of the
Longshore and Harbor Workers' Compensation Act (33 U.S.C. 921) where
such participation is precluded by the decision of the United States
Supreme Court in Director, Office of Workers' Compensation Programs v.
Newport News Shipbuilding,
115 S. Ct. 1278 (1995), notwithstanding any provisions to the contrary
contained in Rule 15 of the Federal Rules of Appellate Procedure:
Provided further, That no funds made available by this Act may be used
by the Secretary of Labor to review a decision under the Longshore and
Harbor Workers' Compensation Act (33 U.S.C. 901 et seq.) that has been
appealed and that has been pending before the Benefits Review Board for
more than 12 months: Provided further, That any such decision pending a
review by the Benefits Review Board for more than one year shall be
considered affirmed by the Benefits Review Board on the one-year
anniversary of the filing of the appeal, and shall be considered the
final order of the Board for purposes of obtaining a review in the
United States courts of appeals: Provided further, That these provisions
shall not be applicable to the review or appeal of any decision issued
under the Black Lung Benefits Act (30 U.S.C. 901 et seq.).
[[Page 112 STAT. 2681-346]]
Not to exceed $182,719,000 may be derived from the Employment
Security Administration account in the Unemployment Trust Fund to carry
out the provisions of 38 U.S.C. 4100-4110A, 4212, 4214 and 4321-4327,
and Public Law 103-353, and which shall be available for obligation by
the States through December 31, 1999.
For salaries and expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $43,852,000, together with not to exceed $3,648,000, which may
be expended from the Employment Security Administration account in the
Unemployment Trust Fund.
GENERAL PROVISIONS
Sec. 101. None of the funds appropriated in this title for the Job
Corps shall be used to pay the compensation of an individual, either as
direct costs or any proration as an indirect cost, at a rate in excess
of Executive Level III.
Sec. 102. Reversion of Unallotted Formula Funds Under Welfare-to-
Work. Section 403(a)(5)(A) of the Social Security Act is amended by
adding the following clause: <<NOTE: 42 USC 603.>>
``(ix) Reversion of unallotted formula
funds.--If at the end of any fiscal year any funds
available under this subparagraph have not been
allotted due to a determination by the Secretary
that any State has not met the requirements of
clause (ii), such funds shall be transferred to
the General Fund of the Treasury of the United
States.''.
Sec. 103. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act, as
amended) which are appropriated for the current fiscal year for the
Department of Labor in this Act may be transferred between
appropriations, but no such appropriation shall be increased by more
than 3 percent by any such transfer: Provided, That the Appropriations
Committees of both Houses of Congress are notified at least fifteen days
in advance of any transfer.
Sec. 104. Funds shall be available for carrying out title IV-B of
the Job Training Partnership Act, notwithstanding section 427(c) of that
Act, if a Job Corps center fails to meet national performance standards
established by the Secretary.
This title may be cited as the ``Department of Labor Appropriations
Act, 1999''.
[[Page 112 STAT. 2681-347]]
TITLE <<NOTE: Department of Health and Human Services Appropriations
Act, 1999.>> II--DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
For carrying out titles II, III, VII, VIII, X, XII, XIX, and XXVI of
the Public Health Service Act, section 427(a) of the Federal Coal Mine
Health and Safety Act, title V and section 1820 of the Social Security
Act, the Health Care Quality Improvement Act of 1986, as amended, and
the Native Hawaiian Health Care Act of 1988, as amended, $4,108,040,000,
of which $150,000 shall remain available until expended for interest
subsidies on loan guarantees made prior to fiscal year 1981 under part B
of title VII of the Public Health Service Act, and of which $65,345,000
shall be available for the construction and renovation of health care
and other facilities, and of which $25,000,000 from general revenues,
notwithstanding section 1820(j) of the Social Security Act, shall be
available for carrying out the Medicare rural hospital flexibility
grants program under section 1820 of such Act: Provided, That the
Division of Federal Occupational Health may utilize personal services
contracting to employ professional management/administrative and
occupational health professionals: Provided further, That of the funds
made available under this heading, $250,000 shall be available until
expended for facilities renovations at the Gillis W. Long Hansen's
Disease Center: Provided further, That in addition to fees authorized by
section 427(b) of the Health Care Quality Improvement Act of 1986, fees
shall be collected for the full disclosure of information under the Act
sufficient to recover the full costs of operating the National
Practitioner Data Bank, and shall remain available until expended to
carry out that Act: Provided further, That no more than $5,000,000 is
available for carrying out the provisions of Public Law 104-73: Provided
further, That of the funds made available under this heading,
$215,000,000 shall be for the program under title X of the Public Health
Service Act to provide for voluntary family planning projects: Provided
further, That amounts provided to said projects under such title shall
not be expended for abortions, that all pregnancy counseling shall be
nondirective, and that such amounts shall not be expended for any
activity (including the publication or distribution of literature) that
in any way tends to promote public support or opposition to any
legislative proposal or candidate for public office: Provided further,
That $461,000,000 shall be for State AIDS Drug Assistance Programs
authorized by section 2616 of the Public Health Service Act: Provided
further, That notwithstanding any other provision of law, funds made
available under this heading may be used to continue operating the
Council on Graduate Medical Education established by section 301 of
Public Law 102-408: Provided further, That, notwithstanding section
502(a)(1) of the Social Security Act, not to exceed $107,434,000 is
available for carrying out special projects of regional and national
significance pursuant to section 501(a)(2) of such Act: Provided
further, That of the amount provided, $2,000,000 shall be for support of
the Center for Sustainable Health Outreach at the University of Southern
Mississippi in affiliation with Harrison Institute at Georgetown
University for the establishment of demonstration programs that create
model health access programs, health-related jobs and
[[Page 112 STAT. 2681-348]]
sustainability of community-based providers of health services in rural
and urban communities; and $1,250,000 shall be for the American
Federation for Negro Affairs Education and Research Fund.
For carrying out subsections (d) and (e) of section 1602 of the
Public Health Service Act, $1,000,000, together with any amounts
received by the Secretary in connection with loans and loan guarantees
under title VI of the Public Health Service Act, to be available without
fiscal
year limitation for the payment of interest subsidies. During the fiscal
year, no commitments for direct loans or loan guarantees shall be made.
Such sums as may be necessary to carry out the purpose of the
program, as authorized by Title VII of the Public Health Service Act, as
amended. For administrative expenses to carry out the guaranteed loan
program, including section 709 of the Public Health Service Act,
$3,688,000.
For payments from the Vaccine Injury Compensation Program Trust
Fund, such sums as may be necessary for claims associated with vaccine-
related injury or death with respect to vaccines administered after
September 30, 1988, pursuant to subtitle 2 of title XXI of the Public
Health Service Act, to remain available until expended: Provided, That
for necessary administrative expenses, not to exceed $3,000,000 shall be
available from the Trust Fund to the Secretary of Health and Human
Services.
vaccine injury compensation
For payment of claims resolved by the United States Court of
Federal Claims related to the administration of vaccines before October
1, 1988, $100,000,000, to remain available until expended.
Centers for Disease Control and Prevention
To carry out titles II, III, VII, XI, XV, XVII, XIX and XXVI of the
Public Health Service Act, sections 101, 102, 103, 201, 202, 203, 301,
and 501 of the Federal Mine Safety and Health Act of 1977, sections 20,
21 and 22 of the Occupational Safety and Health Act of 1970, title IV of
the Immigration and Nationality Act and section 501 of the Refugee
Education Assistance Act of 1980; including insurance of official motor
vehicles in foreign countries; and hire, maintenance, and operation of
aircraft, $2,558,520,000, of which $17,800,000 shall remain available
until expended for equipment and construction and renovation of
facilities, and in addition, such sums as may be derived from authorized
user fees, which shall be credited to this account: Provided, That in
addition to amounts provided herein, up to $67,793,000 shall
[[Page 112 STAT. 2681-349]]
be available from amounts available under section 241 of the Public
Health Service Act, to carry out the National Center for Health
Statistics surveys: Provided further, That none of the funds made
available for injury prevention and control at the Centers for Disease
Control and Prevention may be used to advocate or promote gun control:
Provided further, That the Director may redirect the total amount made
available under authority of Public Law 101-502, section 3, dated
November 3, 1990, to activities the Director may so designate: Provided
further, That the Congress is to be notified promptly of any such
transfer: Provided further, That notwithstanding any other provison of
law, a single contract or related contracts for the development and
construction of the infectious disease laboratory through the General
Services Administration may be employed which collectively include the
full scope of the project: Provided further, That the solicitation and
contract shall contain the clause ``availability of funds'' found at 48
CFR 52.232-18: Provided further, <<NOTE: 42 USC 238k note.>> That
hereinafter obligations may be incurred related to agreement with
private entities without receipt of advance payment.
In addition, $51,000,000, to be derived from the Violent Crime
Reduction Trust Fund, for carrying out sections 40151 and 40261 of
Public Law 103-322.
National Institutes of Health
For carrying out section 301 and title IV of the Public Health
Service Act with respect to cancer, $2,927,187,000.
For carrying out section 301 and title IV of the Public Health
Service Act with respect to cardiovascular, lung, and blood diseases,
and blood and blood products, $1,793,697,000.
For carrying out section 301 and title IV of the Public Health
Service Act with respect to dental disease, $234,338,000.
For carrying out section 301 and title IV of the Public Health
Service Act with respect to diabetes and digestive and kidney disease,
$994,218,000.
For carrying out section 301 and title IV of the Public Health
Service Act with respect to neurological disorders and stroke,
$903,278,000.
For carrying out section 301 and title IV of the Public Health
Service Act with respect to allergy and infectious diseases,
$1,570,102,000.
[[Page 112 STAT. 2681-350]]
For carrying out section 301 and title IV of the Public Health
Service Act with respect to general medical sciences, $1,197,825,000.
For carrying out section 301 and title IV of the Public Health
Service Act with respect to child health and human development,
$750,982,000.
For carrying out section 301 and title IV of the Public Health
Service Act with respect to eye diseases and visual disorders,
$395,857,000.
For carrying out sections 301 and 311 and title IV of the Public
Health Service Act with respect to environmental health sciences,
$375,743,000.
For carrying out section 301 and title IV of the Public Health
Service Act with respect to aging, $596,521,000.
For carrying out section 301 and title IV of the Public Health
Service Act with respect to arthritis and musculoskeletal and skin
diseases, $308,164,000.
For carrying out section 301 and title IV of the Public Health
Service Act with respect to deafness and other communication disorders,
$229,887,000.
For carrying out section 301 and title IV of the Public Health
Service Act with respect to nursing research, $69,834,000.
For carrying out section 301 and title IV of the Public Health
Service Act with respect to alcohol abuse and alcoholism, $259,747,000.
For carrying out section 301 and title IV of the Public Health
Service Act with respect to drug abuse, $603,274,000.
For carrying out section 301 and title IV of the Public Health
Service Act with respect to mental health, $861,208,000.
[[Page 112 STAT. 2681-351]]
For carrying out section 301 and title IV of the Public Health
Service Act with respect to human genome research, $264,892,000.
For carrying out section 301 and title IV of the Public Health
Service Act with respect to research resources and general research
support grants, $554,819,000: Provided, That none of these funds shall
be used to pay recipients of the general research support grants program
any amount for indirect expenses in connection with such grants:
Provided further, That $30,000,000 shall be for extramural facilities
construction grants.
For carrying out the activities at the John E. Fogarty International
Center, $35,426,000.
For carrying out section 301 and title IV of the Public Health
Service Act with respect to health information communications,
$181,309,000, of which $4,000,000 shall be available until expended for
improvement of information systems: Provided, That in fiscal year 1999,
the Library may enter into personal services contracts for the provision
of services in facilities owned, operated, or constructed under the
jurisdiction of the National Institutes of Health.
For carrying out the responsibilities of the Office of the Director,
National Institutes of Health, $306,559,000, of which $43,493,000 shall
be for the Office of AIDS Research: Provided, That funding shall be
available for the purchase of not to exceed twenty-nine passenger motor
vehicles for replacement only: Provided further, That the Director may
direct up to 1 percent of the total amount made available in this or any
other Act to all National Institutes of Health appropriations to
activities the Director may so designate: Provided further, That no such
appropriation shall be decreased by more than 1 percent by any such
transfers and that the Congress is promptly notified of the transfer:
Provided further, That NIH is authorized to collect third party payments
for the cost of clinical services that are incurred in National
Institutes of Health research facilities and that such payments shall be
credited to the National Institutes of Health Management Fund: Provided
further, That all funds credited to the NIH Management Fund shall remain
available for one fiscal year after the fiscal year in which they are
deposited: Provided further, That up to $500,000 shall be available to
carry out section 499 of the Public Health Service Act: Provided
further, That, notwithstanding section 499(k)(10) of the Public Health
Service Act, funds from the National Foundation for Biomedical Research
may be transferred to the National Institutes of Health: Provided
further, That $50,000,000 shall be available to carry out section 404E
of the Public Health Service Act.
[[Page 112 STAT. 2681-352]]
For the study of, construction of, and acquisition of equipment for,
facilities of or used by the National Institutes of Health, including
the acquisition of real property, $237,519,000, to remain available
until expended, of which $90,000,000 of the fiscal year 1999 funds shall
be for the clinical research center and $40,000,000 shall become
available on October 1, 1999 and $9,143,000 shall be for the Vaccine
Facility: Provided, That notwithstanding any other provision of law, a
single contract or related contracts for the development and
construction of the clinical research center may be employed which
collectively include the full scope of the project: Provided further,
That the solicitation and contract shall contain the clause
``availability of funds'' found at 48 CFR 52.232-18.
Substance Abuse and Mental Health Services Administration
For carrying out titles V and XIX of the Public Health Service Act
with respect to substance abuse and mental health services, the
Protection and Advocacy for Mentally Ill Individuals Act of 1986, and
section 301 of the Public Health Service Act with respect to program
management, $2,488,005,000: Provided, That of the amount provided,
$300,000 shall be for the Philadelphia City-wide Improvement and
Planning Agency.
For retirement pay and medical benefits of Public Health Service
Commissioned Officers as authorized by law, for payments under the
Retired Serviceman's Family Protection Plan and Survivor Benefit Plan,
for medical care of dependents and retired personnel under the
Dependents' Medical Care Act (10 U.S.C. ch. 55), and for payments
pursuant to section 229(b) of the Social Security Act (42 U.S.C.
429(b)), such amounts as may be required during the current fiscal year.
Agency for Health Care Policy and Research
For carrying out titles III and IX of the Public Health Service Act,
and part A of title XI of the Social Security Act, $100,408,000; in
addition, amounts received from Freedom of Information Act fees,
reimbursable and interagency agreements, and the sale of data tapes
shall be credited to this appropriation and shall remain available until
expended: Provided, That the amount made available pursuant to section
926(b) of the Public Health Service Act shall not exceed $70,647,000.
[[Page 112 STAT. 2681-353]]
Health Care Financing Administration
For carrying out, except as otherwise provided, titles XI and XIX of
the Social Security Act, $74,593,733,000, to remain available until
expended.
For making, after May 31, 1999, payments to States under title XIX
of the Social Security Act for the last quarter of fiscal year 1999 for
unanticipated costs, incurred for the current fiscal year, such sums as
may be necessary.
For making payments to States under title XIX of the Social Security
Act for the first quarter of fiscal year 2000, $28,733,605,000, to
remain available until expended.
Payment under title XIX may be made for any quarter with respect to
a State plan or plan amendment in effect during such quarter, if
submitted in or prior to such quarter and approved in that or any
subsequent quarter.
For payment to the Federal Hospital Insurance and the Federal
Supplementary Medical Insurance Trust Funds, as provided under sections
217(g) and 1844 of the Social Security Act, sections 103(c) and 111(d)
of the Social Security Amendments of 1965, section 278(d) of Public Law
97-248, and for administrative expenses incurred pursuant to section
201(g) of the Social Security Act, $62,953,000,000.
For carrying out, except as otherwise provided, titles XI, XVIII,
XIX and XXI of the Social Security Act, titles XIII and XXVII of the
Public Health Service Act, and the Clinical Laboratory Improvement
Amendments of 1988, not to exceed $1,946,500,000 to be transferred from
the Federal Hospital Insurance and the Federal Supplementary Medical
Insurance Trust Funds, as authorized by section 201(g) of the Social
Security Act; together with all funds collected in accordance with
section 353 of the Public Health Service Act and such sums as may be
collected from authorized user fees and the sale of data, which shall
remain available until expended, and together with administrative fees
collected relative to Medicare overpayment recovery activities, which
shall remain available until expended: Provided, That all funds derived
in accordance with 31 U.S.C. 9701 from organizations
established under title XIII of the Public Health Service Act shall be
credited to and available for carrying out the purposes of this
appropriation: Provided further, That $1,000,000 shall be for carrying
out section 4021 of Public Law 105-33: Provided further, That
$45,000,000 appropriated under this heading for the transition to a
single Part A and Part B processing system and for Year 2000 century
date change conversion requirements of external contractor systems shall
remain available until expended: Provided further, That $2,000,000 of
the amount available for research, demonstration, and evaluation
activities shall be available to continue carrying out demonstration
projects on Medicaid coverage of community-based attendant care services
for people with disabilities which ensures maximum control by the
consumer to select and manage their attendant care services:
[[Page 112 STAT. 2681-354]]
Provided further, That funds appropriated under this heading may be
obligated to increase Medicare provider audits and implement the
Department's corrective action plan to the Chief Financial Officer's
audit of the Health Care Financing Administration's oversight of
Medicare: Provided further, That the Secretary of Health and Human
Services is directed to collect, in aggregate, $95,000,000 in fees in
fiscal year 1999 from Medicare+Choice organizations pursuant to section
1857(e)(2) of the Social Security Act and from eligible organizations
with risk-sharing contracts under section 1876 of that Act pursuant to
section 1876(k)(4)(D) of that Act.
For carrying out subsections (d) and (e) of section 1308 of the
Public Health Service Act, any amounts received by the Secretary in
connection with loans and loan guarantees under title XIII of the Public
Health Service Act, to be available without fiscal year limitation for
the payment of outstanding obligations. During fiscal year 1999, no
commitments for direct loans or loan guarantees shall be made.
Administration for Children and Families
For making payments to States or other non-Federal entities under
titles I, IV-D, X, XI, XIV, and XVI of the Social Security Act and the
Act of July 5, 1960 (24 U.S.C. ch. 9), to remain available until
expended, $1,989,000,000; and for such purposes for the first quarter of
fiscal year 2000, $750,000,000.
For making payments to each State for carrying out the program of
Aid to Families with Dependent Children under title IV-A of the Social
Security Act before the effective date of the program of Temporary
Assistance to Needy Families (TANF) with respect to such State, such
sums as may be necessary: Provided, That the sum of the amounts
available to a State with respect to expenditures under such title IV-A
in fiscal year 1997 under this appropriation and under such title IV-A
as amended by the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 shall not exceed the limitations under
section 116(b) of such Act.
For making, after May 31 of the current fiscal year, payments to
States or other non-Federal entities under titles I, IV-D, X, XI, XIV,
and XVI of the Social Security Act and the Act of July 5, 1960 (24
U.S.C. ch. 9), for the last three months of the current year for
unanticipated costs, incurred for the current fiscal year, such sums as
may be necessary.
For making payments under title XXVI of the Omnibus Budget
Reconciliation Act of 1981, $1,100,000,000, to be available for
obligation in the period October 1, 1999 through September 30, 2000.
For making payments under title XXVI of such Act, $300,000,000:
Provided, That these funds are hereby designated by Congress to be
emergency requirements pursuant to section 251(b)(2)(A) of the Balanced
Budget and Deficit Emergency Control Act of 1985: Provided further, That
these funds shall be made
[[Page 112 STAT. 2681-355]]
available only after
submission to Congress of a formal budget request by the President that
includes designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act.
For making payments for refugee and entrant assistance activities
authorized by title IV of the Immigration and Nationality Act and
section 501 of the Refugee Education Assistance Act of 1980 (Public Law
96-422), $415,000,000: Provided, That funds appropriated pursuant to
section 414(a) of the Immigration and Nationality Act under Public Law
104-208 for fiscal year 1997 shall be available for the costs of
assistance provided and other activities conducted in such year and in
fiscal years 1998 and 1999.
For carrying out sections 658A through 658R of the Omnibus Budget
Reconciliation Act of 1981 (The Child Care and Development Block Grant
Act of 1990), to become available on October 1, 1999 and remain
available through September 30, 2000, $1,182,672,000: Provided, That
$19,120,000 shall be available for child care resource and referral and
school-aged child care activities: Provided further, That of the funds
provided for fiscal year 1999 under Public Law 105-78, $50,000,000 shall
be reserved by the States for activities authorized under section 658G
of the Omnibus Budget Reconciliation Act of 1981 (the Child Care and
Development Block Grant Act of 1990), such funds to be in addition to
the amounts required to be reserved by States under such section 658G:
Provided further, That of the funds provided for fiscal year 2000
$222,672,000 shall be reserved by the States for activities authorized
under section 658G of the Omnibus Budget Reconciliation Act of 1981 (The
Child Care and Development Block Grant Act of 1990), such funds to be in
addition to the amounts required to be reserved by the States under such
section 658G: Provided further, That of the funds provided for fiscal
year 2000, $10,000,000 shall be for use by the Secretary for child care
research, demonstration and evaluation activities (directly or by grants
or contracts).
For making grants to States pursuant to section 2002 of the Social
Security Act, $1,909,000,000: Provided, That (1) notwithstanding section
2003(c) of such Act, as amended, the amount specified for allocation
under such section for fiscal year 1999 shall be $1,909,000,000 and (2)
notwithstanding subparagraph (B) of section 404(d)(2) of such Act, the
applicable percent specified under such subparagraph for a State to
carry out State programs pursuant to title XX of such Act for fiscal
years 1999 and 2000 shall be 10 percent.
For carrying out, except as otherwise provided, the Runaway and
Homeless Youth Act, the Developmental Disabilities Assistance
[[Page 112 STAT. 2681-356]]
and Bill of Rights Act, the Head Start Act, the Child Abuse Prevention
and Treatment Act (including section 105(a)(2) of the Child Abuse
Prevention and Treatment Act), the Native American Programs Act of 1974,
title II of Public Law 95-266 (adoption opportunities), the Adoption and
Safe Families Act of 1997 (Public Law 105-89), the Abandoned Infants
Assistance Act of 1988, part B(1) of title IV and sections 413, 429A,
1110, and 1115 of the Social Security Act; for making payments under the
Community Services Block Grant Act; and for necessary administrative
expenses to carry out said Acts and titles I, IV, X, XI, XIV, XVI, and
XX of the Social Security Act, the Act of July 5, 1960 (24 U.S.C. ch.
9), the Omnibus Budget Reconciliation Act of 1981, title IV of the
Immigration and Nationality Act, section 501 of the Refugee Education
Assistance Act of 1980, sections 40155, 40211 and 40241 of Public Law
103-322 and section 126 and titles IV and V of Public Law 100-485,
$6,032,087,000, of which $10,000,000 shall be used to establish
Individual Development Accounts, for the purpose of encouraging low-
income families and individuals to acquire productive assets, contingent
upon enactment of authorizing legislation, and of which $20,000,000, to
remain available until September 30, 2000, shall be for grants to States
for adoption incentive payments, as authorized by section 473A of title
IV of the Social Security Act (42 U.S.C. 670-679); of which $563,565,000
shall be for making payments under the Community Services Block Grant
Act; and of which $4,660,000,000 shall be for making payments under the
Head Start Act: Provided, That, notwithstanding section 640(a)(6), of
the funds made available for the Head Start Act, $337,500,000 shall be
set aside for the Head Start Program for Families with Infants and
Toddlers (Early Head Start): Provided further, That to the extent
Community Services Block Grant funds are distributed as grant funds by a
State to an eligible entity as provided under the Act, and have not been
expended by such entity, they shall remain with such entity for
carryover into the next fiscal year for expenditure by such entity
consistent with program purposes.
In addition, $105,000,000, to be derived from the Violent Crime
Reduction Trust Fund for carrying out sections 40155, 40211 and 40241 of
Public Law 103-322.
Funds appropriated for fiscal year 1999 under section 429A(e), part
B of title IV of the Social Security Act shall be reduced by $6,000,000.
Funds appropriated for fiscal year 1999 under section 413(h)(1) of
the Social Security Act shall be reduced by $15,000,000.
For carrying out section 430 of the Social Security Act,
$275,000,000.
For making payments to States or other non-Federal entities under
title IV-E of the Social Security Act, $3,764,000,000.
For making payments to States or other non-Federal entities under
title IV-E of the Social Security Act, for the first quarter of fiscal
year 2000, $1,355,000,000.
[[Page 112 STAT. 2681-357]]
Administration on Aging
For carrying out, to the extent not otherwise provided, the Older
Americans Act of 1965, as amended, and sections 339A, 398, and 399 of
the Public Health Service Act, $882,020,000: Provided, That
notwithstanding section 308(b)(1) of the Older Americans Act of 1965, as
amended, the amounts available to each State for administration of the
State plan under title III of such Act shall be reduced not more than 5
percent below the amount that was available to such State for such
purpose for fiscal year 1995: Provided further, That in considering
grant applications for nutrition services for elder Indian recipients,
the Assistant Secretary shall provide maximum flexibility to applicants
who seek to take into account subsistence, local customs, and other
characteristics that are appropriate to the unique cultural, regional,
and geographic needs of the American Indian, Alaska and Hawaiian Native
communities to be served.
Office of the Secretary
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six sedans, and for carrying
out titles III, XVII, and XX of the Public Health Service Act, and the
United States-Mexico Border Health Commission Act, $180,051,000,
together with $5,851,000, to be transferred and expended as authorized
by section 201(g)(1) of the Social Security Act from the Hospital
Insurance Trust Fund and the Supplemental Medical Insurance Trust Fund:
Provided, That of the funds made available under this heading for
carrying out title XVII of the Public Health Service Act, $1,000,000
shall be available until expended for extramural construction: Provided
further, That $890,000 shall be for a contract with the National Academy
of Sciences to conduct a study of all the available scientific
literature examining the cause-and-effect relationship between
repetitive tasks in the workplace and musculoskeletal disorders:
Provided further, That said contract shall be awarded not later than
January 1, 1999.
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $29,000,000.
For expenses necessary for the Office for Civil Rights, $17,345,000,
together with not to exceed $3,314,000, to be transferred and expended
as authorized by section 201(g)(1) of the Social Security Act from the
Hospital Insurance Trust Fund and the Supplemental Medical Insurance
Trust Fund.
[[Page 112 STAT. 2681-358]]
For carrying out, to the extent not otherwise provided, research
studies under section 1110 of the Social Security Act, $14,000,000.
For expenses necessary to support activities related to countering
potential biological, disease and chemical threats to civilian
populations, $216,922,000: Provided, That the entire amount is hereby
designated by Congress to be emergency requirements pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended: Provided further, That the entire amount shall be
available only to the extent that an official budget request for
$216,922,000, that includes designation of the entire amount of the
request as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is transmitted by
the President to the Congress:
Provided further, That of the amount provided under this heading,
$51,000,000, to remain available until expended, shall be for
pharmaceutical and vaccine stockpiling activities at the Centers for
Disease Control and Prevention; and $3,000,000 shall be for the
renovation and modernization of the Noble Army Hospital facility at Fort
McClellan, Alabama; and $322,000 shall be in payment to the health
department of Calhoun County, Michigan: Provided further, That no funds
shall be obligated until the Department of Health and Human Services
submits an operating plan to the House and Senate Committees on
Appropriations.
GENERAL PROVISIONS
Sec. 201. Funds appropriated in this title shall be available for
not to exceed $37,000 for official reception and representation expenses
when specifically approved by the Secretary.
Sec. 202. The Secretary shall make available through assignment not
more than 60 employees of the Public Health Service to assist in child
survival activities and to work in AIDS programs through and with funds
provided by the Agency for International Development, the United Nations
International Children's Emergency Fund or the World Health
Organization.
Sec. 203. None of the funds appropriated under this Act may be used
to implement section 399L(b) of the Public Health Service Act or section
1503 of the National Institutes of Health Revitalization Act of 1993,
Public Law 103-43.
Sec. 204. None of the funds appropriated in this Act for the
National Institutes of Health and the Substance Abuse and Mental Health
Services Administration shall be used to pay the salary of an
individual, through a grant or other extramural mechanism, at a rate in
excess of Executive Level III.
Sec. 205. None of the funds appropriated in this Act may be expended
pursuant to section 241 of the Public Health Service Act, except for
funds specifically provided for in this Act, or for other taps and
assessments made by any office located in the Department of Health and
Human Services, prior to the Secretary's preparation and submission of a
report to the Committee on Appropriations of the Senate and of the House
detailing the planned uses of such funds.
[[Page 112 STAT. 2681-359]]
<<NOTE: 42 USC 3015 note. (transfer of funds)>> Sec. 206. None of
the funds appropriated in this Act or subsequent Departments of Labor,
Health and Human Services, and Education, and Related Agencies
Appropriations Acts, may be obligated or expended for the Federal
Council on Aging under the Older Americans Act or the Advisory Board on
Child Abuse and Neglect under the Child Abuse Prevention and Treatment
Act.
Sec. 207. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act, as
amended) which are appropriated for the current fiscal year for the
Department of Health and Human Services in this Act may be transferred
between appropriations, but no such appropriation shall be increased by
more than 3 percent by any such transfer: Provided, That the
Appropriations Committees of both Houses of Congress are notified at
least fifteen days in advance of any transfer.
Sec. 208. The Director of the National Institutes of Health, jointly
with the Director of the Office of AIDS Research, may transfer up to 3
percent among institutes, centers, and divisions from the total amounts
identified by these two Directors as funding for research pertaining to
the human immunodeficiency virus: Provided, That the Congress is
promptly notified of the transfer.
Sec. 209. Of the amounts made available in this Act for the National
Institutes of Health, the amount for research related to the human
immunodeficiency virus, as jointly determined by the Director of NIH and
the Director of the Office of AIDS Research, shall be made available to
the ``Office of AIDS Research'' account. The
Director of the Office of AIDS Research shall transfer from such account
amounts necessary to carry out section 2353(d)(3) of the Public Health
Service Act.
Sec. 210. <<NOTE: 5 USC 7905 note.>> Funds appropriated in this Act
or subsequent Departments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Acts, for the National
Institutes of Health may be used to provide transit subsidies in amounts
consistent with the transportation subsidy programs authorized under
section 629 of Public Law 101-509 to non-FTE bearing positions including
trainees, visiting fellows and volunteers.
Sec. 211. None of the funds appropriated in this Act may be made
available to any entity under title X of the Public Health Service Act
unless the applicant for the award certifies to the Secretary that it
encourages family participation in the decision of minors to seek family
planning services and that it provides counseling to minors on how to
resist attempts to coerce minors into engaging in sexual activities.
Sec. 212. Subsection (b)(1)(H) of section 401 of the Public Health
Service Act (42 U.S.C. 281 (b)(1)(H)) is amended by striking ``National
Institute of Dental Research'' and inserting ``National Institute of
Dental and Craniofacial Research''.
Sec. 213. (a) The final rule entitled ``Organ Procurement and
Transplantation Network'', promulgated by the Secretary of Health and
Human Services on April 2, 1998 (63 FR 16295 et seq.) (relating to part
121 of title 42, Code of Federal Regulations), shall not become
effective before the expiration of the 1-year period beginning on the
date of the enactment of this Act.
(b)(1) The Institute of Medicine under contract with and subject to
review by the Comptroller General, in consultation with the
[[Page 112 STAT. 2681-360]]
Secretary and with the Organ Procurement and Transplantation Network (in
this section referred to as the ``OPTN''), shall conduct a review of the
current polices of the OPTN and the final rule specified in subsection
(a) in order to determine the following:
(A) The potential impact on access to transplantation
services for low-income populations and for racial and ethnic
minority groups. With respect to State policies in carrying out
the program under title XIX of the Social Security Act, the
determination made under this subparagraph shall include
determining the impact of such policies regarding payment for
services for patients that are provided to the patients outside
of the States in which the patients reside.
(B) With respect to organ procurement organizations
(qualified under section 371 of the Public Health Service Act):
(i) The potential impact on the ability of the
organizations to facilitate an appropriate rate of organ
donation within the service areas of the organizations.
(ii) The reasons underlying the variations in
performance among such organizations.
(iii) The potential impact of requiring sharing of
organs based on medical criteria instead of geography on
the ability of the organizations to facilitate an
appropriate rate of organ donation within the service
areas of the organizations.
(C) The potential impact on waiting times for organ
transplants, including determinations specific to the various
geographic regions of the United States, and if practicable,
waiting times for each transplant center by organ and medical
status category. The determination made under this subparagraph
shall include determining the impact of recent changes made by
the OPTN in patient listing criteria and in measures of medical
status.
(D) The potential impact on patient survival rates and organ
failure rates which lead to retransplantation, including any
variance by income status, ethnicity, gender, race, or blood
type.
(E) The potential impact on the costs of organ
transplantation services.
(F) The potential impact on the liability, under State laws
and procedures regarding peer review, of members of the OPTN.
(G) The potential impact on the confidential status of
information that relates to the transplantation of organs.
(H) Recommendations, if any, to change existing policies and
the final rule.
(2)(A) Not later than May 1, 1999, the Comptroller General of the
United States shall submit to the congressional committees specified in
subparagraph (B) a report describing the results of the review conducted
under paragraph (1).
(B) The congressional committees referred to in subparagraph (A) are
the Committee on Commerce of the House of Representatives, the Committee
on Appropriations of the House, the Committee on Labor and Human
Resources of the Senate, and the Committee on Appropriations of the
Senate.
(c)(1) Beginning promptly after the date of the enactment of this
Act, the Secretary may conduct a series of discussions with the OPTN in
order to resolve issues raised by the final rule referred to in
subsection (a).
[[Page 112 STAT. 2681-361]]
(2) The Secretary and the OPTN may utilize the services of a
mediator in conducting the discussions under paragraph (1). An
individual may not be selected to serve as the mediator unless the
Secretary and the OPTN both approve the selection of the individual to
so serve, and the individual agrees that, not later than June 30, 1999,
the individual will submit to the congressional committees specified in
subsection (b)(2)(B) a report describing the extent of progress that has
been made through the discussions under paragraph (1).
(d)(1) Beginning on the date of enactment of this Act, the OPTN
shall provide to the Secretary, the Institutes of Medicine, and the
Comptroller General, upon request, any data necessary to assess the
effectiveness of the Nation's organ donation, procurement and organ
allocation systems, or to assess the quality of care provided to all
transplant patients, and analysis of such data in a scientifically and
clinically valid manner. If necessary, the OPTN may provide additional
data as they deem appropriate.
(2) The OPTN shall make available to the public timely and accurate
program-specific information on the performance of transplant programs.
These data shall be updated as frequently as possible, and the OPTN
shall work to shorten the time period for data collection and analysis
in producing its center-specific outcomes report, including severity
adjusted long term survival rates. Such data shall also include such
other cost or performance information including but not limited to
transplant program-specific information on waiting time within medical
status, organ waitings, and refusal of organ offers.
(e) Data provided under subsection (d) shall be specific (if
possible) to individual transplant centers and must be determined in a
scientifically and clinically valid manner.
(f) Any disclosure of patient specific medical information under
subsection (d) shall be subject to the restrictions contained in the
Freedom of Information Act, the Privacy Act, and State laws.
(g) Of the amount appropriated in this title for ``Office of the
Secretary-general departmental management'', $500,000 shall, not later
than 30 days after the date of the enactment of this Act, be transferred
to the Comptroller General for purposes of carrying out the studies
required and specified in this section.
(h) For purposes of this section:
(1) The term ``Comptroller General'' means the Comptroller
General of the United States.
(2) The term ``Organ Procurement and Transplantation
Network'' means the network operated under section 372 of the
Public Health Service Act.
(3) The term ``Secretary'' means the Secretary of Health and
Human Services.
Sec. 214. (a) Section 2003(c) of the Social Security Act (42 U.S.C.
1397b(c)) is amended by striking paragraph (8) and inserting the
following:
``(8) $2,299,000,000 for the fiscal year 1998;''.
(b) <<NOTE: Effective date. 42 USC 1397b note.>> The amendment made
by this section takes effect immediately after the amendments made by
section 8401 of the Transportation Equity Act for the 21st Century take
effect.
Sec. 215. The Consolidated Laboratory Building (Building 50) at the
National Institutes of Health is hereby named the Louis Stokes
Laboratories.
[[Page 112 STAT. 2681-362]]
Sec. 216. None of the funds appropriated by this Act (including
funds appropriated to any trust fund) may be used to carry out the
Medicare+Choice program if the Secretary denies participation in such
program to an otherwise eligible entity (including a Provider Sponsored
Organization) because the entity informs the Secretary that it will not
provide, pay for, provide coverage of, or provide referrals for
abortions: Provided, That the Secretary shall make appropriate
prospective adjustments to the capitation payment to such an entity
(based on an actuarially sound estimate of the expected costs of
providing the service to such entity's enrollees): Provided further,
That nothing in this section shall be construed to change the Medicare
program's coverage for such services and a Medicare+Choice organization
described in this section shall be responsible for informing enrollees
where to obtain information about all Medicare covered services.
Sec. 217. The Vaccine Research Facility (Building 40) at the
National Institutes of Health is hereby named the Dale and Betty Bumpers
Vaccine Research Facility.
Sec. 218. (a) Mental Health.--Section 1918(b) of the Public Health
Service Act (42 U.S.C. 300x-7(b)) is amended to read as follows:
``(b) Minimum Allotments for States.--
``(1) In general.--With respect to fiscal year 1999, the
amount of the allotment of a State under section 1911 shall not
be less than the amount the State received under section 1911
for fiscal year 1998.
(b) Substance Abuse.--Section 1933(b) of the Public Health Service
Act (42 U.S.C. 300x-33(b)) is amended to read as follows:
``(b) Minimum Allotments for States.--
``(1) In general.--With respect to fiscal year 1999, the
amount of the allotment of a State under section 1921 shall not
be less than the amount the State received under section 1921
for fiscal year 1998 increased by 30.65 percent of the
percentage by which the amount allotted to the States for fiscal
year 1999 exceeds the amount allotted to the States for fiscal
year 1998.
``(2) Limitation.--
``(A) In general.--Except as provided in
subparagraph (B), a State shall not receive an allotment
under section 1921 for fiscal year 1999 in an amount
that is less than an amount equal to 0.375 percent of
the amount appropriated under section 1935(a) for such
fiscal year.
``(B) Exception.--In applying subparagraph (A), the
Secretary shall ensure that no State receives an
increase in its allotment under section 1921 for fiscal
year 1999 (as compared to the amount allotted to the
State in the fiscal year 1998) that is in excess of an
amount equal to 300 percent of the percentage by which
the amount appropriated under section 1935(a) for fiscal
year 1999 exceeds the amount appropriated for the prior
fiscal year.
``(3) Only for the purposes of calculating minimum
allotments under this subsection, any reference to the amount
appropriated under section 1935(a) for fiscal year 1998,
allotments to States under section 21 and any references to
amounts received by States in fiscal year 1998 shall include
amounts appropriated or received under the amendments made by
[[Page 112 STAT. 2681-363]]
section 105 of the Contract with America Advancement Act of 1996
(Public Law 104-121).''.
<<NOTE: 42 USC 300x-7 note.>> (c) Effective Date.--
(1) In general.--The amendments made by subsections (a) and
(b) shall become effective as if enacted on October 1, 1998 and
shall only apply during fiscal year 1999.
(2) Application.--Upon the expiration of the fiscal year
described in paragraph (1), the provisions of sections 1918(b)
and 1933(b) of the Public Health Service Act (42 U.S.C. 300x-
7(b) and 300x-33(b)), as in effect on September 30, 1998, shall
be applied as if the amendments made by this section had not
been enacted.
Sec. 219. Notwithstanding any other provision of law, no provider
of services under title X of the Public Health Service Act shall be
exempt from any State law requiring notification or the reporting of
child abuse, child molestation, sexual abuse, rape, or incest.
This title may be cited as the ``Department of Health and Human
Services Appropriations Act, 1999''.
<<NOTE: Department of Education Appropriations Act, 1999. education
reform>> TITLE III--DEPARTMENT OF EDUCATION
For carrying out activities authorized by titles III and IV of the
Goals 2000: Educate America Act, the School-to-Work Opportunities Act,
and sections 3122, 3132, 3136, and 3141 and parts B, C, and D of title
III of the Elementary and Secondary Education Act of 1965,
$1,314,100,000, of which $491,000,000 for the Goals 2000: Educate
America Act and $125,000,000 for the School-to-Work Opportunities Act
shall become available on July 1, 1999 and remain available through
September 30, 2000, and of which $87,000,000 shall be for section 3122:
Provided, That none of the funds appropriated under this heading shall
be obligated or expended to carry out section 304(a)(2)(A) of the Goals
2000: Educate America Act, except that no more than $1,500,000 may be
used to carry out activities under section 314(a)(2) of that Act:
Provided further, That section 315(a)(2) of the Goals 2000 Act shall not
apply: Provided further, That up to one-half of 1 percent of the amount
available under section 3132 shall be set aside for the outlying areas,
to be distributed on the basis of their relative need as determined by
the Secretary in accordance with the purposes of the program: Provided
further, That if any State educational agency does not apply for a grant
under section 3132, that State's allotment under section 3131 shall be
reserved by the Secretary for grants to local educational agencies in
that State that apply directly to the Secretary according to the terms
and conditions published by the Secretary in the Federal Register:
Provided further, That $22,000,000 of the funds made available under
section 3136 shall be for a competition consistent with the subjects
outlined in the House and Senate reports and the statement of the
managers, and that such competition should be administered in a manner
consistent with the authorizing legislation and current departmental
practices and policies: Provided further, That $9,850,000 of the funds
made available for star schools shall be for a competition consistent
with the language outlined in the House and Senate reports and the
statement of the managers, and that such competition should be
administered in a manner
[[Page 112 STAT. 2681-364]]
consistent with current departmental practices and policies: Provided
further, That $8,000,000 shall be awarded to continue and expand the
Iowa Communications Network statewide fiber optic demonstration project,
and $800,000 shall be awarded to the School of Agriculture and Land
Resources Management at the University of Alaska, Fairbanks to enhance
distance delivery of natural resources management courses; $350,000
shall be for multi-media classrooms for the rural education technology
center at the Western Montana College in Dillon, Montana: Provided
further, That of the funds made available for section 3136, $2,500,000
shall be to establish the RUNet 2000 project at Rutgers, The State
University of
New Jersey; $500,000 shall be for state-of-the-art information
technology systems at Mansfield University, Mansfield, Pennsylvania;
$1,000,000 shall be for professional development for technology training
at the Krell Institute, Ames, Iowa; $850,000 shall be for Internet-based
curriculum at the State of Alaska, Department of Education; $2,000,000
shall be for ``Magnet E-School'' technology training and curriculum
initiative at the Hawaii Department of Education; $600,000 shall be for
technology in the classroom pilot program for the Green Bay Public
School System, Green Bay, Wisconsin; $250,000 shall be for the
``Passport to Chicago Community Network'' technology training project;
$1,200,000 for LEARN North Carolina and the University of North Carolina
at Chapel Hill; and $1,500,000 for the Iowa Department of Education for
community college grants to low-income schools for technology.
For carrying out title I of the Elementary and Secondary Education
Act of 1965, and section 418A of the Higher Education Act,
$8,370,520,000, of which $2,198,134,000 shall become available on July
1, 1999, and shall remain available through September 30, 2000, and of
which $6,148,386,000 shall become available on October 1, 1999 and shall
remain available through September 30, 2000, for academic year 1999-
2000: Provided, That $6,574,000,000 shall be available for basic grants
under section 1124: Provided further, That up to $3,500,000 of these
funds shall be available to the Secretary on October 1, 1998, to obtain
updated local-educational-agency-level census poverty data from the
Bureau of the Census: Provided further, That $1,102,020,000 shall be
available for concentration grants under section 1124A, $7,500,000 shall
be available for evaluations under section 1501 and not more than
$8,500,000 shall be reserved for section 1308, of which not more than
$3,000,000 shall be reserved for section 1308(d): Provided further, That
grant awards under section 1124 and 1124A of title I of the Elementary
and Secondary Education Act shall be made to each State or local
educational agency at no less than 100 percent of the amount such State
or local educational agency received under this authority for fiscal
year 1998: Provided further, That $120,000,000 shall be available under
section 1002(g)(2) to demonstrate effective approaches to comprehensive
school reform to be allocated and expended in accordance with the
instructions relating to this activity in the statement of the managers
on the conference report accompanying Public Law 105-78 and in the
statement of the managers on the conference report accompanying this
Act: Provided further, That in carrying out this initiative, the
Secretary and the States shall support only approaches that show the
most promise of enabling children served by title I to
[[Page 112 STAT. 2681-365]]
meet challenging State content standards and challenging State student
performance standards based on reliable research and effective
practices, and include an emphasis on basic academics and parental
involvement: Provided further, That no funds appropriated under section
1002(g)(2) shall be available for section 1503.
For carrying out programs of financial assistance to federally
affected schools authorized by title VIII of the Elementary and
Secondary Education Act of 1965, $864,000,000, of which $704,000,000
shall be for basic support payments under section 8003(b), $50,000,000
shall be for payments for children with disabilities under section
8003(d), $70,000,000, to remain available until expended, shall be for
payments under section 8003(f), $7,000,000 shall be for construction
under section 8007, and $28,000,000 shall be for Federal property
payments under section 8002 and $5,000,000 to remain available until
expended shall be for facilities maintenance under section 8008:
Provided, That Section 8002(f) of the Elementary and Secondary Education
Act of 1965 <<NOTE: 20 USC 7702.>> is amended--
(1) by inserting ``(1)'' after the subsection heading; and
(2) by adding a new paragraph (2) at the end to read as
follows:
``(2) For each fiscal year beginning with fiscal year 1999,
the Secretary shall treat the Webster School District, Day
County, South Dakota as meeting the eligibility requirements of
subsection (a)(1)(C) of this section.'':
Provided further, That Section 8002 of the Elementary and Secondary
Education Act of 1965 is amended by adding at the end thereof a new
subsection (k) to read as follows:
``(k) Special Rule.--For purposes of payments under this section for
each fiscal year beginning with fiscal year 1998--
``(1) the Secretary shall, for the Stanley County, South
Dakota local educational agency, calculate payments as if
subsection (e) had been in effect for fiscal year 1994; and
``(2) the Secretary shall treat the Delaware Valley,
Pennsylvania local educational agency as if it had filed a
timely application under section 2 of Public Law 81-874 for
fiscal year 1994.'':
Provided further, That (a) from the funds appropriated for payments to
local educational agencies under section 8003(f) of the Elementary and
Secondary Education Act of 1965 (ESEA) for fiscal year 1999, the
Secretary of Education shall distribute supplemental payments for
certain local educational agencies, as follows:
(1) First, from the amount of $68,000,000, the Secretary
shall make supplemental payments to the following agencies under
section 8003(b) of the ESEA:
(A) Local educational agencies that received
assistance under section 8003(f) for fiscal year 1998.
(B) Local educational agencies with Impact Aid
applicant numbers 20-0019, 51-0504, 51-2801, 51-1903,
51-0010, 51-4203, 51-2101, 51-0811, and 51-0904.
(C) Any eligible local educational agency with at
least 25,000 children in average daily attendance, at
least 55 percent federally connected children described
in section 8003(a)(1) in average daily attendance, and
at least 6,500 children described in sections
8003(a)(1)(A) and (B) in average daily attendance.
[[Page 112 STAT. 2681-366]]
(2) From the remaining $2,000,000 and any amounts available
after making payments under paragraph (1), the Secretary shall
then make supplemental payments to local educational agencies
that are not described in paragraph (1) of this subsection, but
that meet the requirements of paragraphs (2) and (4) of section
8003(f) of the ESEA for fiscal year 1999, except that such
agencies may count for purposes of eligibility for these
supplemental payments, all students described in section
8003(a)(1).
(3) After making payments under section 8003(f) to all
eligible applicants for fiscal years before fiscal year 1999,
the Secretary shall use the combined amount of any funds
remaining available under that subsection, and any amounts that
may remain for fiscal year 1999 after making payments under
paragraphs (1) and (2) of this subsection, to make the following
payments:
(A) First, an amount not to exceed $3,000,000 to
Impact Aid applicant number 20-0019.
(B) Second, from any remaining funds, an amount not
to exceed $3,000,000 to Impact Aid applicant number 53-
0061.
(C) Third, from any remaining funds, increased basic
support payments under section 8003(b) for all eligible
applicants.
(b) In calculating the amounts of supplemental payments for agencies
described in subparagraphs (1)(A) and (B) and paragraph (2) of
subsection (a), the Secretary shall use the formula contained in section
8003(b)(1)(C) of the ESEA, except that--
(1) eligible local educational agencies may count all
children described in section 8003(a)(1) in computing the amount
of those payments;
(2) maximum payments for any of those agencies that use
local contribution rates identified in section 8003(b)(1)(C)(i)
or (ii) shall be computed by using four-fifths instead of one-
half of those rates;
(3) the learning opportunity threshold percentage of all
such agencies under section 8003(b)(2)(B) shall be deemed to be
100;
(4) for an eligible local educational agency with 35 percent
or more of its children in average daily attendance described in
either subparagraph (D) or (E) of section 8003(a)(1), the
weighted student unit figure from its regular basic support
payment shall be recomputed by using a factor of 0.55 for such
children;
(5) for an eligible local educational agency with fewer than
100 children in average daily attendance, the weighted student
unit figure from its regular basic support payment shall be
recomputed by multiplying the total number of children described
in section 8003(a)(1) by a factor of 1.5; and
(6) for an eligible local educational agency whose total
number of children in average daily attendance is at least 100,
but fewer than 750, the weighted student unit figure from its
regular basic support payment shall be recomputed by multiplying
the total number of children described in section 8003(a)(1) by
a factor of 1.25.
(c) For a local educational agency described in subsection (a)(1)(C)
above, the Secretary shall use the formula contained in
[[Page 112 STAT. 2681-367]]
section 8003(b)(1)(C) of the ESEA, except that the weighted student unit
total from its regular basic support payment shall be increased by 35
percent and its learning opportunity threshold percentage shall be
deemed to be 100.
(d) For each eligible local educational agency, the calculated
supplemental basic support payment shall be reduced by subtracting the
agency's regular fiscal year 1999 section 8003(b) basic support payment.
(e) The actual supplemental basic support payment that local
educational agencies receive shall be treated under section 8009 in the
same manner as payments under section 8003(f).
(f) If the sums described in subsections (a)(1) and (2) above are
insufficient to pay in full the calculated supplemental basic support
payments for the local educational agencies identified in those
subsections, the Secretary shall ratably reduce the supplemental basic
support payment to each local educational agency: Provided further, That
the Secretary of Education shall treat as timely filed, and shall
process for payment, an application for a fiscal year 1998 payment from
the local educational agency for Prince Georges County, Maryland, under
section 8003 of the Elementary and Secondary Education Act of 1965 if
the Secretary has received that application not later than 30 days after
the enactment of this Act: Provided further, That from the amount
appropriated for section 8008 the Secretary shall award $500,000 to the
Randolph Field Independent School District, Texas: Provided further,
That for the purposes of computing the amount of payment for a local
educational agency for children identified under section 8003, children
residing in housing initially acquired or constructed under section 801
of the Military Construction Authorization Act of 1984, (Public Law 98-
115)
(``Build to Lease'' program) shall be considered as children described
under section 8003(a)(1)(B) if the property described is within the
fenced security perimeter of the military facility upon which such
housing is situated: Provided further, That if such property is not
owned by the Federal Government, is subject to taxation by a State or
political subdivision of a State, and thereby generates revenues for a
local educational agency which received a payment from the Secretary
under section 8003, the Secretary shall:
(A) require such local educational agency to provide
certification from an appropriate official of the Department of
Defense that such property is being used to provide military
housing; and
(B) reduce the amount of such payment by an amount equal to
the amount of revenue from such taxation received in the second
preceding fiscal year by such local educational agency, unless
the amount of such revenue was taken into account by the State
for such second preceding fiscal year and already resulted in a
reduction in the amount of State aid paid to such local
educational agency: Provided further, That of the funds
available for payments under section 8002, the Secretary shall
pay the San Diego, California, Centennial, Pennsylvania, and
Hatboro-Horsham, Pennsylvania, local educational agencies the
sum of $500,000 each, in addition to their regularly calculated
payments, except that the total funds these agencies receive
under this section may not exceed 50 percent of their maximum
section 8002 payments.
[[Page 112 STAT. 2681-368]]
For carrying out school improvement activities authorized by titles
II, IV, V-A and B, VI, IX, X, XII and XIII of the Elementary and
Secondary Education Act of 1965; the Stewart B. McKinney Homeless
Assistance Act; and the Civil Rights Act of 1964 and part B of VIII of
the Higher Education Act; $2,811,134,000, of which $2,381,300,000 shall
become available on July 1, 1999, and remain available through September
30, 2000: Provided, That of the amount appropriated, $335,000,000 shall
be for Eisenhower professional development State grants under title II-B
of the Elementary and Secondary Education Act of 1965, and
$1,575,000,000 shall be for title VI, of which $1,200,000,000 shall be
available, notwithstanding any other provision of law, to carry out
title VI of the Elementary and Secondary Education Act of 1965 in
accordance with section 307 of this Act, in order to reduce class size,
particularly in the early grades, using highly qualified teachers to
improve educational achievement for regular and special needs children.
For necessary expenses to carry out the Reading Excellence Act,
$260,000,000, which shall become available on July 1, 1999, and shall
remain available through September 30, 2000.
For expenses necessary to carry out, to the extent not otherwise
provided, title IX, part A of the Elementary and Secondary Education Act
of 1965, as amended, $66,000,000.
For carrying out, to the extent not otherwise provided, bilingual,
foreign language and immigrant education activities authorized by parts
A and C and section 7203 of title VII of the Elementary and Secondary
Education Act of 1965, without regard to section 7103(b), $380,000,000:
Provided, That State educational agencies may use all, or any part of,
their part C allocation for competitive grants to local educational
agencies.
For carrying out the Individuals with Disabilities Education Act,
$5,124,146,000, of which $4,879,885,000 shall become available for
obligation on July 1, 1999, and shall remain available through September
30, 2000: Provided, That $1,500,000 shall be awarded to The Organizing
Committee for The 1999 Special Olympics World Summer Games and
$1,500,000, to remain available until expended, shall be for preparation
and planning and shall be awarded to The Organizing Committee of The
2001 Special Olympics World Winter Games: Provided further, That
$600,000 shall be for the Early Childhood Development Project of the
National Easter Seal Society for the Mississippi Delta Region, which
funds shall be used to provide training, technical support, services,
and equipment to address personnel and other needs.
[[Page 112 STAT. 2681-369]]
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973, the Technology-Related Assistance for
Individuals with Disabilities Act, or successor legislation and the
Helen Keller National Center Act, as amended, $2,652,584,000.
Special Institutions for Persons With Disabilities
For carrying out the Act of March 3, 1879, as amended (20 U.S.C. 101
et seq.), $8,661,000.
For the National Technical Institute for the Deaf under titles I and
II of the Education of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.),
$45,500,000: Provided, That from the amount available, the Institute may
at its discretion use funds for the endowment program as authorized
under section 207.
For the Kendall Demonstration Elementary School, the Model Secondary
School for the Deaf, and the partial support of Gallaudet University
under titles I and II of the Education of the Deaf Act of 1986 (20
U.S.C. 4301 et seq.), $83,480,000: Provided, That from the amount
available, the University may at its discretion use funds for the
endowment program as authorized under section 207.
For carrying out, to the extent not otherwise provided, the Carl D.
Perkins Vocational and Applied Technology Education Act and the Adult
Education and Family Literacy Act, $1,539,247,000, of which
$1,535,147,000 shall become available on July 1, 1999 and shall remain
available through September 30, 2000: Provided, That of the amounts made
available for title II of the Carl D. Perkins Vocational and Applied
Technology Education Act, $13,497,000 shall be used by the Secretary for
national programs under title IV, without regard to section 451:
Provided further, That, of the amounts made available for the Adult
Education and Family Literacy Act, $6,000,000 shall be for national
leadership activities under section 243 and $6,000,000 shall be for the
National Institute for Literacy under section 242: Provided further,
That no funds shall be awarded to a State Council under section 112(f)
of the Carl D. Perkins Vocational and Applied Technology Education Act,
and no State shall be required to operate such a Council.
For carrying out subparts 1, 3 and 4 of part A, part C and part E of
title IV of the Higher Education Act of 1965, as amended,
$9,348,000,000, which shall remain available through September 30, 2000.
The maximum Pell Grant for which a student shall be eligible during
award year 1999-2000 shall be $3,125: Provided, <<NOTE: 20 USC 1070a
note. federal family education loan program account>> That
notwithstanding section 401(g) of the Act, if the Secretary determines,
[[Page 112 STAT. 2681-370]]
prior to publication of the payment schedule for such award year, that
the amount included within this appropriation for Pell Grant awards in
such award year, and any funds available from the fiscal year 1998
appropriation for Pell Grant awards, are insufficient to satisfy fully
all such awards for which students are eligible, as calculated under
section 401(b) of the Act, the amount paid for each such award shall be
reduced by either a fixed or variable percentage, or by a fixed dollar
amount, as determined in accordance with a schedule of reductions
established by the Secretary for this purpose: Provided further, That if
the Secretary determines that the funds available to fund Pell Grants
for award year 1999-2000 exceed the amount needed to fund Pell Grants at
a maximum award of $3,125 for that award year, the Secretary may
increase the income protection allowances in sections 475(g)(2)(D), and
476(b)(1)(A)(iv)(I), (II) and (III) up to the amounts at which Pell
Grant awards calculated using the increased income protection allowances
equal the funds available to make Pell Grants in award year 1999-2000
with a $3,125 maximum award, except that the income protection allowance
in section 475(g)(2)(D) may not exceed $2,200, the income protection
allowance in sections 476(b)(1)(A)(iv)(I) and (II) may not exceed
$4,250, and the income protection allowance in section
476(b)(1)(A)(iv)(III) may not exceed $7,250.
For Federal administrative expenses to carry out guaranteed student
loans authorized by title IV, part B, of the Higher Education Act, as
amended, $46,482,000.
For carrying out, to the extent not otherwise provided, section 121
and titles II, III, IV, V, VI, VII, and VIII of the Higher Education Act
of 1965, as amended, and the Mutual Educational and Cultural Exchange
Act of 1961 and Public Law 102-73; $1,307,846,000, of which $13,000,000
for interest subsidies authorized by section 121 of the Higher Education
Act, shall remain available until expended: Provided, That $16,723,000
shall be for Youth Offender Grants, of which $4,723,000, which shall
become available on July 1, 1999, and remain available until September
30, 2000, shall be used in accordance with section 601 of Public Law
102-73 as that section was in effect prior to enactment of Public Law
105-220: Provided further, That $4,800,000, to be available until
expended, shall be for Salem State College in Salem, Massachusetts for
activities authorized under Title III, part A, section 311(c)(2), of the
Higher Education Act of 1965, as amended: Provided further, That of the
funds made available under title VII, part B, $5,000,000 shall be
awarded to the St. Petersburg Junior College for a demonstration of a
national method for increasing access to four year degrees and work
force training for students attending community college; $2,000,000
shall be for the Technology-Assisted Learning Campus in New Rochelle,
New York for high-tech equipment; $250,000 shall be awarded to the
Center for Urban Research and Learning, Loyola University, Chicago;
$1,150,000 shall be awarded to the Southeast Community College in
Letcher County, Kentucky; $3,000,000 shall be for the Oregon State
University Distance Education Alliance; $1,000,000 shall be
[[Page 112 STAT. 2681-371]]
for the Appalachian Center for Economic Networks in Athens, Ohio;
$6,000,000 shall be to establish the Robert J. Dole Institute for Public
Service and Public Policy on the University of Kansas campus in
Lawrence, Kansas; $1,000,000 shall be for the Oregon Institute of Public
Service and Constitutional Studies at the Mark O. Hatfield School of
Government at Portland State University; $2,150,000 shall be awarded to
the College of Natural Resources, University of Wisconsin at Stevens
Point for technology-enhanced learning; $1,500,000 shall be for the
Touro Law Center in Central Islip, New York for the use of technology to
bridge the gap between legal education and the actual practice of law;
$1,000,000 shall be for the International Center for Educational
Technology and Distance Learning at Empire State College; $500,000 shall
be for the University of Northern Iowa National Institute of Technology
for Inclusive Education; $1,500,000 shall be for a demonstration project
to expand the successful college student preparation at Prairie View
A&M, Texas; $750,000 shall be to identify and provide models of alcohol
and drug abuse prevention and education in higher education at the
college level; $500,000 shall be for a teacher training program in
experiential learning to be awarded to the Department of Language
Teacher Education, School for International Training, Brattleboro,
Vermont; and $1,000,000 shall be for the Paul Simon Public Policy
Institute at Southern Illinois University at Carbondale, Illinois:
Provided further, That $9,500,000 of the funds made available for title
VII, part B shall be for a competition consistent with the subject areas
outlined in the House and Senate reports and the statement of the
managers, and that such competition should be administered in a manner
consistent with current departmental practices and policies.
For partial support of Howard University (20 U.S.C. 121 et seq.),
$214,489,000, of which not less than $3,530,000 shall be for a matching
endowment grant pursuant to the Howard University Endowment Act (Public
Law 98-480) and shall remain available until expended.
For Federal administrative expenses authorized under section 121 of
the Higher Education Act, $698,000 to carry out activities related to
existing facility loans entered into under the Higher Education Act.
The total amount of bonds insured pursuant to section 344 of title
III, part D of the Higher Education Act shall not exceed $357,000,000,
and the cost, as defined in section 502 of the Congressional Budget Act
of 1974, of such bonds shall not exceed zero.
For administrative expenses to carry out the Historically Black
College and University Capital Financing Program entered into pursuant
to title III, part D of the Higher Education Act, as amended, $96,000.
[[Page 112 STAT. 2681-372]]
For carrying out activities authorized by the Educational Research,
Development, Dissemination, and Improvement Act of 1994, including part
E; the National Education Statistics Act of 1994; section 2102 of title
II, and parts A, B, I, and K and section 10601 of title X, and part C of
title XIII of the Elementary and Secondary Education Act of 1965, as
amended, and title VI of Public Law 103-227, $664,867,000: Provided,
That $25,000,000
shall be available to demonstrate effective approaches to comprehensive
school reform to be allocated and expended in accordance with the
instructions relating to this activity in the statement of managers on
the conference report accompanying Public Law 105-78 and in the
statement of the managers on the conference report accompanying this
Act: Provided further, That the funds made available for comprehensive
school reform shall become available on July 1, 1999, and remain
available through September 30, 2000, and in carrying out this
initiative, the Secretary and the States shall support only approaches
that show the most promise of enabling children to meet challenging
State content standards and challenging State student performance
standards based on reliable research and effective practices, and
include an emphasis on basic academics and parental involvement:
Provided further, That $16,000,000 of the funds made available for title
X, part A of the Elementary and Secondary Education Act, shall be
carried out consistent with the subject areas outlined in the House and
Senate reports and the statement of the managers, and should be
administered in a manner consistent with current departmental practices
and policies: Provided further, That, in addition to the $6,000,000 for
Title VI of Public Law 103-227 and notwithstanding the provisions of
section 601(c)(1)(C) of that Act, $1,000,000 shall be available to the
Center for Civic Education to conduct a civic education program with
Northern Ireland and the Republic of Ireland and, consistent with the
civics and government activities authorized in section 601(c)(3) of
Public Law 103-227, to provide civic education assistance to democracies
in developing countries. The term ``developing countries'' shall have
the same meaning as the term ``developing country'' in the Education for
the Deaf Act: Provided further, That of the amount provided for part A
of title X of the Elementary and Secondary Education Act of 1965,
$2,000,000 shall be for a demonstration of full service community school
sites in Charles County, Maryland, Westchester County, New York,
Cranston, Rhode Island, and Skagit County, Washington; $2,000,000 shall
be awarded to First Book for literacy programs; $1,750,000 shall be
awarded to the Whitaker Center for Science and the Arts, Harrisburg,
Pennsylvania for teaching of science education using the arts; $350,000
shall be awarded to the School of Education at the University of Montana
and the Montana Board of Crime Control for community-based initiatives
to promote non-violent behavior in schools; $1,000,000 shall be awarded
to the NetDay organization to assist schools in connecting K-12
classrooms to the Internet; $1,000,000 shall be awarded to the National
Museum of Women in the Arts; $1,000,000 shall be awarded to Youth
Friends of Kansas City to improve attendance and academic performance;
$750,000 shall be awarded to the Thornberry Center for Youth and
Families, Kansas City, Missouri to assist at-risk children; $400,000
shall be for Bay Shore, New York for Literacy
[[Page 112 STAT. 2681-373]]
Education and Assessment Partnerships; $1,150,000 shall be awarded to
provide technology assistance and for operation of a math/science
learning center in Perry County, Kentucky; $100,000 shall be for
Presidio School District, Texas for library equipment and materials;
$1,200,000 shall be for the Southeastern Pennsylvania Consortium for
Higher Education; $1,000,000 shall be for the Dowling College Global
Learning Center at the former LaSalle Academy in New York for a master
teacher training and education center; $10,000,000 for continuing a
demonstration of public school facilities repair and construction to the
Iowa Department of Education;
and $1,000,000 shall be awarded to the Hechkscher Museum of Art, Long
Island, New York for incorporating arts into education curriculum:
Provided further, That of the amount provided for part I of title X of
the Elementary and Secondary Education Act of 1965, $500,000 shall be
for after school programs for the Chippewa Falls Area United School
System, Wisconsin; $400,000 shall be for after-school programs for the
Wausau School System, Wisconsin; $350,000 shall be for the New Rochelle
School System, New York, after-school programs; $100,000 shall be for
the New York Hall of Science, Queens, New York, after-school program;
$25,000 shall be for Louisville Central Community Centers Youth
Education Program to support after-school programming; $25,000 shall be
for Canaan's Community Development Corporation in Louisville, Kentucky
for the Village Learning Center after-school program; $300,000 shall be
for the Bay Shore Community Learning Wellness and Fitness Center for
Drug Free Lifestyles in Bay Shore, New York; $2,500,000 shall be for an
after school anti-drug pilot program in the Chicago Public Schools; and
$400,000 shall be for the Green Bay, Wisconsin Public School System
after school program: Provided further, That $10,000,000 of the funds
provided for the national education research institutes shall be
allocated notwithstanding section 931(c)(2)(B) of Public Law 103-227.
Departmental Management
For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of conference
rooms in the District of Columbia and hire of two passenger motor
vehicles, $362,000,000.
For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education Organization
Act, $66,000,000.
For expenses necessary for the Office of Inspector General, as
authorized by section 212 of the Department of Education Organization
Act, $31,242,000.
GENERAL PROVISIONS
Sec. 301. No funds appropriated in this Act may be used for the
transportation of students or teachers (or for the purchase of equipment
for such transportation) in order to overcome racial
[[Page 112 STAT. 2681-374]]
imbalance in any school or school system, or for the transportation of
students or teachers (or for the purchase of equipment for such
transportation) in order to carry out a plan of racial desegregation of
any school or school system.
Sec. 302. None of the funds contained in this Act shall be used to
require, directly or indirectly, the transportation of any student to a
school other than the school which is nearest the student's home, except
for a student requiring special education, to the school offering such
special education, in order to comply with title VI of the Civil Rights
Act of 1964. For the purpose of this section an indirect requirement of
transportation of students includes the transportation of students to
carry out a plan involving the reorganization of the grade structure of
schools, the pairing of schools, or the clustering of schools, or any
combination of grade restructuring, pairing or clustering. The
prohibition described in this section does not include the establishment
of magnet schools.
Sec. 303. No funds appropriated under this Act may be used to
prevent the implementation of programs of voluntary prayer and
meditation in the public schools.
Sec. 304. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act, as
amended) which are appropriated for the Department of Education in this
Act may be transferred between appropriations, but no such appropriation
shall be increased by more than 3 percent by any such transfer:
Provided, That the Appropriations Committees of both Houses of Congress
are notified at least fifteen days in advance of any transfer.
Sec. 305. National Testing. (a) In General.--Part C of the General
Education Provisions Act (20 U.S.C. 1231 et seq.) is amended by adding
at the end the following:
``SEC. 447. <<NOTE: 20 USC 1232j.>> PROHIBITION ON FEDERALLY SPONSORED
TESTING.
``(a) General Prohibition.--Notwithstanding any other provision of
Federal law and except as provided in subsection (b), no funds provided
to the Department of Education or to an applicable program, may be used
to pilot test, field test, implement, administer or distribute in any
way any federally sponsored national test in reading, mathematics, or
any other subject that is not specifically and explicitly provided for
in authorizing legislation enacted into law.
``(b) Exceptions.--Subsection (a) shall not apply to the Third
International Mathematics and Science Study or other international
comparative assessments developed under the authority of section
404(a)(6) of the National Education Statistics Act of 1994 (20 U.S.C.
9003(a)(6) et seq.) and administered to only a representative sample of
pupils in the United States and in foreign nations.''.
(b) Authority of National Assessment Governing Board.--Subject to
section 447 of the General Education Provisions Act, the exclusive
authority over the direction and all policies and guidelines for
developing voluntary national tests pursuant to contract RJ97153001
previously entered into between the United States Department of
Education and the American Institutes for Research and executed on
August 15, 1997, and subsequently modified by the National Assessment
Governing Board on February 11, 1998, shall continue to be vested in the
National Assessment Governing
[[Page 112 STAT. 2681-375]]
Board established under section 412 of the National Education Statistics
Act of 1994 (20 U.S.C. 9011).
(c) Studies.--
(1) Purpose, definition, and achievement levels.--The
National Assessment Governing Board shall determine and clearly
articulate in a report the purpose and intended use of any
proposed federally sponsored national test. Such report shall
also include--
(A) a definition of the meaning of the term
``voluntary'' in regards to the administration of any
national test; and
(B) a description of the achievement levels and
reporting methods to be used in grading any national
test.
The report shall be submitted to the White House, the Committees
on Education and the Workforce of the House of Representatives,
the Committee on Labor and Human Resources of the Senate, and
the Committees on Appropriations of the House of Representatives
and the Senate not later than September 30, 1999.
(2) Response to report.--The National Assessment Governing
Board shall develop and submit to the entities identified in
paragraph (1) a report, not later than September 30, 1999, that
addresses and responds to the findings reported by the National
Academy of Sciences in the report entitled ``Grading the
Nation's Report Card: Evaluating NAEP and Transforming the
Assessment of Educational Progress'' that assert that the
achievement levels of the National Assessment of Educational
Progress (NAEP) are fundamentally flawed.
(3) Technical feasibility.--The National Academy of Sciences
shall conduct a study regarding the technical feasibility,
validity, and reliability of including test items from the
National Assessment of Educational Progress (NAEP) for 4th grade
reading and 8th grade mathematics or from other tests in State
and district assessments for the purpose of providing a common
measure of individual student performance. The National Academy
of Sciences shall submit, to the entities identified under
paragraph (1), an interim progress report not later than June
30, 1999 and a final report not later than September 30, 1999.
Sec. 306. Notwithstanding any other provision of law, any
institution of higher education which receives funds under title III of
the Higher Education Act, except for grants made under section 326, may
use up to 20 percent of its award under part A or part B of the Act for
endowment building purposes authorized under section 331. Any
institution seeking to use part A or part B funds for endowment building
purposes shall indicate such intention in its application to the
Secretary and shall abide by departmental regulations governing the
endowment challenge grant program.
Sec. 307. (a) From the amount appropriated for title VI of the
Elementary and Secondary Education Act of 1965 in accordance with this
section, the Secretary of Education--
(1) shall make available a total of $6,000,000 to the
Secretary of the Interior (on behalf of the Bureau of Indian
Affairs) and the outlying areas for activities under this
section; and
(2) shall allocate the remainder by providing each State the
greater of the amount the State would receive if a total of
$1,124,620,000 were allocated under section 1122 of the
[[Page 112 STAT. 2681-376]]
Elementary and Secondary Education Act of 1965 or under section
2202(b) of the Act for fiscal year 1998, except that such
allocations shall be ratably increased or decreased as may be
necessary.
(b)(1) Each State that receives funds under this section shall
distribute 100 percent of such funds to local educational agencies, of
which--
(A) 80 percent of such amount shall be allocated to such
local educational agencies in proportion to the number of
children, aged 5 to 17, who reside in the school district served
by such local educational agency from families with incomes
below the poverty line (as defined by the Office of Management
and Budget and revised annually in accordance with section
673(2) of the Community Services Block Grant Act (42 U.S.C.
9902(2))) applicable to a family of the size involved for the
most recent fiscal year for which satisfactory data is available
compared to the number of such individuals who reside in the
school districts served by all the local educational agencies in
the State for that fiscal year; and
(B) 20 percent of such amount shall be allocated to such
local educational agencies in accordance with the relative
enrollments of children, aged 5 to 17, in public and private
nonprofit elementary and secondary schools within the boundaries
of such agencies;
(2) Notwithstanding paragraph (1), if the award to a local
educational agency under this section is less than the starting salary
for a new teacher in that agency, the State shall not make the award
unless the local educational agency agrees to form a consortium with not
less than 1 other local educational agency for the purpose of reducing
class size.
(c)(1) Each local educational agency that receives funds under this
section shall use such funds to carry out effective approaches to
reducing class size with highly
qualified teachers to improve educational achievement for both regular
and special-needs children, with particular consideration given to
reducing class size in the early elementary grades for which some
research has shown class size reduction is most effective.
(2)(A) Each such local educational agency may pursue the goal of
reducing class size through--
(i) recruiting, hiring, and training certified regular and
special education teachers and teachers of special-needs
children, including teachers certified through State and local
alternative routes;
(ii) testing new teachers for academic content knowledge,
and to meet State certification requirements that are consistent
with title II of the Higher Education Act of 1965; and
(iii) providing professional development to teachers,
including special education teachers and teachers of special-
needs children, consistent with title II of the Higher Education
Act of 1965.
(B) A local educational agency may use not more than a total of 15
percent of the award received under this section for activities
described in clauses (ii) and (iii) of subparagraph (A).
(C) A local educational agency that has already reduced class size
in the early grades to 18 or less children may use funds received under
this section--
[[Page 112 STAT. 2681-377]]
(i) to make further class-size reductions in grades 1
through 3;
(ii) to reduce class size in kindergarten or other grades;
or
(iii) to carry out activities to improve teacher quality,
including professional development.
(3) Each such agency shall use funds under this section only to
supplement, and not to supplant, State and local funds that, in the
absence of such funds, would otherwise be spent for activities under
this section.
(4) No funds made available under this section may be used to
increase the salaries or provide benefits, other than participation in
professional development and enrichment programs, to teachers who are,
or have been, employed by the local educational agency.
(d)(1) Each State receiving funds under this section shall report on
activities in the State under this section, consistent with section
6202(a)(2) of the Elementary and Secondary Education Act of 1965.
(2) Each school benefiting from this section, or the local
educational agency serving that school, shall produce an annual report
to parents, the general public, and the State educational agency, in
easily understandable language, on student achievement that is a result
of hiring additional highly qualified teachers and reducing class size.
(e) If a local educational agency uses funds made available under
this section for professional development activities, the agency shall
ensure for the equitable participation of private nonprofit elementary
and secondary schools in such activities. Section 6402 of the Elementary
and Secondary Education Act of 1965 shall not apply to other activities
under this section.
(f) Administrative Expenses.--A local educational agency that
receives funds under this section may use not more than 3 percent of
such funds for local administrative costs.
(g) Request for Funds.--Each local educational agency that desires
to receive funds under this section shall include in the application
required under section 6303 of the Elementary and Secondary Education
Act of 1965 a description of the agency's program to reduce class size
by hiring additional highly qualified teachers.
This title may be cited as the ``Department of Education
Appropriations Act, 1999''.
TITLE IV--RELATED AGENCIES
Armed Forces Retirement Home
For expenses necessary for the Armed Forces Retirement Home to
operate and maintain the United States Soldiers' and Airmen's Home and
the United States Naval Home, to be paid from funds available in the
Armed Forces Retirement Home Trust Fund, $70,745,000, of which
$15,717,000 shall remain available until expended for construction and
renovation of the physical plants at the United States Soldiers' and
Airmen's Home and the United States Naval Home: Provided, That,
notwithstanding any other provision of law, a single contract or related
contracts for the development and construction at the United States
Soldiers' and Airmen's Home, to include construction of a long-term care
facility at the United States Naval Home and conversion of space in the
[[Page 112 STAT. 2681-378]]
Scott building at the United States Soldiers' and Airmen's Home, may be
employed which collectively include the full scope of the project:
Provided further, That the solicitation and contract shall contain the
clause ``availability of funds'' found at 48 CFR 52.232-18 and 252.232-
7007, Limitation of Government Obligations.
Corporation for National and Community Service
For expenses necessary for the Corporation for National and
Community Service to carry out the provisions of the Domestic Volunteer
Service Act of 1973, as amended, $276,039,000.
Corporation for Public Broadcasting
For payment to the Corporation for Public Broadcasting, as
authorized by the Communications Act of 1934, an amount which shall be
available within limitations specified by that Act, for the fiscal year
2001, $340,000,000: Provided, That no funds made available to the
Corporation for Public Broadcasting by this Act shall be used to pay for
receptions, parties, or similar forms of entertainment for Government
officials or employees: Provided further, That none of the funds
contained in this paragraph shall be available or used to aid or support
any program or activity from which any person is excluded, or is denied
benefits, or is discriminated against, on the basis of race, color,
national origin, religion, or sex: Provided further, That in addition to
the amounts provided above, $15,000,000 shall be for digitalization,
only if specifically authorized by subsequent legislation enacted by
September 30, 1999.
Federal Mediation and Conciliation Service
For expenses necessary for the Federal Mediation and Conciliation
Service to carry out the functions vested in it by the Labor Management
Relations Act, 1947 (29 U.S.C. 171-180, 182-183), including hire of
passenger motor vehicles; for expenses necessary for the Labor-
Management Cooperation Act of 1978 (29 U.S.C. 175a); and for expenses
necessary for the Service to carry out the functions vested in it by the
Civil Service Reform Act, Public Law 95-454 (5 U.S.C. ch. 71),
$34,620,000, including $1,500,000, to remain available through September
30, 2000, for activities authorized by the Labor-Management Cooperation
Act of 1978 (29 U.S.C. 175a): Provided, That notwithstanding 31 U.S.C.
3302, fees charged, up to full-cost recovery, for special training
activities and for arbitration services shall be credited to and merged
with this account, and shall remain available until expended: Provided
further, That fees for arbitration services shall be available only for
education, training, and professional development of the agency
workforce: Provided further, That the Director of the Service is
authorized to accept and use on behalf of the United States gifts of
services and real, personal, or other property in the aid
of any projects or functions within the Director's jurisdiction.
[[Page 112 STAT. 2681-379]]
Federal Mine Safety and Health Review Commission
For expenses necessary for the Federal Mine Safety and Health Review
Commission (30 U.S.C. 801 et seq.), $6,060,000.
Institute of Museum and Library Services
For carrying out subtitle B of the Museum and Library Services Act,
$166,175,000, of which $25,000,000 shall be for national leadership
projects, notwithstanding section 221(a)(1)(B): Provided, That of the
amount provided, $10,000,000, to remain available until expended, shall
be awarded to the National Constitution Center, established by Public
Law 100-433, for exhibition design, program planning, and operation of
the Center to serve as a model between museums and libraries; $750,000
shall be for a Digital Geospatial and Numerical Data Library at the
University of Idaho; $1,250,000 shall be awarded to the Franklin
Institute, Philadelphia, Pennsylvania; $2,000,000 shall be to enhance
digitization at the New York Public Library; $35,000 shall be for the
Children's Museum of Manhattan; $300,000 shall be for the State
Historical Society of Iowa; and $1,100,000 shall be for the Museum of
Science and Industry in Chicago.
Medicare Payment Advisory Commission
For expenses necessary to carry out section 1805 of the Social
Security Act, $7,015,000, to be transferred to this appropriation from
the Federal Hospital Insurance and the Federal Supplementary Medical
Insurance Trust Funds.
National Commission on Libraries and Information Science
For necessary expenses for the National Commission on Libraries and
Information Science, established by the Act of July 20, 1970 (Public Law
91-345, as amended by Public Law 102-95), $1,000,000.
National Council on Disability
For expenses necessary for the National Council on Disability as
authorized by title IV of the Rehabilitation Act of 1973, as amended,
$2,344,000.
National Education Goals Panel
For expenses necessary for the National Education Goals Panel, as
authorized by title II, part A of the Goals 2000: Educate America Act,
$2,100,000.
[[Page 112 STAT. 2681-380]]
National Labor Relations Board
For expenses necessary for the National Labor Relations Board to
carry out the functions vested in it by the Labor-Management Relations
Act, 1947, as amended (29 U.S.C. 141-167), and other laws, $184,451,000:
Provided, That no part of this appropriation shall be available to
organize or assist in organizing agricultural laborers or used in
connection with investigations, hearings, directives, or orders
concerning bargaining units composed of agricultural laborers as
referred to in section 2(3) of the Act of July 5, 1935 (29 U.S.C. 152),
and as amended by the Labor-Management Relations Act, 1947, as amended,
and as defined in section 3(f) of the Act of June 25, 1938 (29 U.S.C.
203), and including in said definition employees engaged in the
maintenance and operation of ditches, canals, reservoirs, and waterways
when maintained or operated on a mutual, nonprofit basis and at least 95
percent of the water stored or supplied thereby is used for farming
purposes: Provided further, That none of the funds made available by
this Act shall be used in any way to promulgate a final rule (altering
29 CFR part 103) regarding single location bargaining units in
representation cases.
National Mediation Board
For expenses necessary to carry out the provisions of the Railway
Labor Act, as amended (45 U.S.C. 151-188), including emergency boards
appointed by the President, $8,400,000: Provided, That unobligated
balances at the end of fiscal year 1999 not needed for emergency boards
shall remain available for other statutory purposes through September
30, 2000.
Occupational Safety and Health Review Commission
For expenses necessary for the Occupational Safety and Health Review
Commission (29 U.S.C. 661), $8,100,000.
Railroad Retirement Board
For payment to the Dual Benefits Payments Account, authorized under
section 15(d) of the Railroad Retirement Act of 1974, $189,000,000,
which shall include amounts becoming available in fiscal year 1999
pursuant to section 224(c)(1)(B) of Public Law 98-76; and in addition,
an amount, not to exceed 2 percent of the amount provided herein, shall
be available proportional to the amount by which the product of
recipients and the average benefit received exceeds $189,000,000:
Provided, That the total amount provided herein shall be credited in 12
approximately equal amounts on the first day of each month in the fiscal
year.
[[Page 112 STAT. 2681-381]]
For payment to the accounts established in the Treasury for the
payment of benefits under the Railroad Retirement Act for interest
earned on unnegotiated checks, $150,000, to remain available through
September 30, 2000, which shall be the maximum amount available for
payment pursuant to section 417 of Public Law 98-76.
For necessary expenses for the Railroad Retirement Board for
administration of the Railroad Retirement Act and the Railroad
Unemployment Insurance Act, $90,000,000, to be derived in such amounts
as determined by the Board from the railroad retirement accounts and
from moneys credited to the railroad unemployment insurance
administration fund.
For expenses necessary for the Office of Inspector General for
audit, investigatory and review activities, as authorized by the
Inspector General Act of 1978, as amended, not more than $5,600,000, to
be derived from the railroad retirement accounts and railroad
unemployment insurance account: Provided, That none of the funds made
available in any other paragraph of this Act may be transferred to the
Office; used to carry out any such transfer; used to provide any office
space, equipment, office supplies, communications facilities or
services, maintenance services, or administrative services for the
Office; used to pay any salary, benefit, or award for any personnel of
the Office; used to pay any other operating expense of the Office; or
used to reimburse the Office for any service provided, or expense
incurred, by the Office: <<NOTE: 45 USC 231f note.>> Provided further,
That none of the funds made available under this heading in this Act, or
subsequent Departments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Acts, may be used for any
audit, investigation, or review of the Medicare Program.
Social Security Administration
For payment to the Federal Old-Age and Survivors Insurance and the
Federal Disability Insurance trust funds, as provided under sections
201(m), 228(g), and 1131(b)(2) of the Social Security Act, $19,689,000.
For carrying out title IV of the Federal Mine Safety and Health Act
of 1977, $382,803,000, to remain available until expended.
For making, after July 31 of the current fiscal year, benefit
payments to individuals under title IV of the Federal Mine Safety and
Health Act of 1977, for costs incurred in the current fiscal year, such
amounts as may be necessary.
For making benefit payments under title IV of the Federal Mine
Safety and Health Act of 1977 for the first quarter of fiscal year 2000,
$141,000,000, to remain available until expended.
[[Page 112 STAT. 2681-382]]
For carrying out titles XI and XVI of the Social Security Act,
section 401 of Public Law 92-603, section 212 of Public Law 93-66, as
amended, and section 405 of Public Law 95-216, including payment to the
Social Security trust funds for administrative expenses incurred
pursuant to section 201(g)(1) of the Social Security Act,
$21,552,000,000, to remain available until expended: Provided, That any
portion of the funds provided to a State in the current fiscal year and
not obligated by the State during that year shall be returned to the
Treasury.
From funds provided under the previous paragraph, not less than
$100,000,000 shall be available for payment to the Social Security trust
funds for administrative expenses for conducting continuing disability
reviews.
In addition, $177,000,000, to remain available until September 30,
2000, for payment to the Social Security trust funds for administrative
expenses for continuing disability reviews as authorized by section 103
of Public Law 104-121 and section 10203 of Public Law 105-33. The term
``continuing disability reviews'' means reviews and redeterminations as
defined under section 201(g)(1)(A) of the Social Security Act, as
amended.
For making, after June 15 of the current fiscal year, benefit
payments to individuals under title XVI of the Social Security Act, for
unanticipated costs incurred for the current fiscal year, such sums as
may be necessary.
For making benefit payments under title XVI of the Social Security
Act for the first quarter of fiscal year 2000, $9,550,000,000, to remain
available until expended.
For necessary expenses, including the hire of two passenger motor
vehicles, and not to exceed $10,000 for official reception and
representation expenses, not more than $5,996,000,000 may be expended,
as authorized by section 201(g)(1) of the Social Security Act, from any
one or all of the trust funds referred to therein: Provided, That not
less than $1,600,000 shall be for the Social Security Advisory Board:
Provided further, That unobligated balances at the end of fiscal year
1999 not needed for fiscal year 1999 shall remain available until
expended to invest in the Social Security Administration computing
network, including related equipment and non-payroll administrative
expenses associated solely with this network: Provided further, That
reimbursement to the trust funds under this heading for expenditures for
official time for employees of the Social Security Administration
pursuant to section 7131 of title 5, United States Code, and for
facilities or support services for labor organizations pursuant to
policies, regulations, or procedures referred to in section 7135(b) of
such title shall be made by the Secretary of the Treasury, with
interest, from amounts in the general fund not otherwise appropriated,
as soon as possible after such expenditures are made.
From funds provided under the previous paragraph, notwithstanding
the provision under this heading in Public Law 105-78 regarding
unobligated balances at the end of fiscal year 1998 not needed for such
fiscal year, an amount not to exceed $50,000,000 from such unobligated
balances shall, in addition to funding already
[[Page 112 STAT. 2681-383]]
available under this heading for fiscal year 1999, be available for
necessary expenses.
From funds provided under the first paragraph, not less than
$200,000,000 shall be available for conducting continuing disability
reviews.
From funds provided under the first paragraph, the Commissioner of
Social Security shall direct $6,000,000 for Federal-State partnerships
which will evaluate means to promote Medicare buy-in programs targeted
to elderly and disabled individuals under titles XVIII and XIX of the
Social Security Act.
In addition to funding already available under this heading, and
subject to the same terms and conditions, $355,000,000, to remain
available until September 30, 2000, for continuing disability reviews as
authorized by section 103 of Public Law 104-121 and section 10203 of
Public Law 105-33. The term ``continuing disability reviews'' means
reviews and redeterminations as defined under section 201(g)(1)(A) of
the Social Security Act as amended.
In addition, $75,000,000 to be derived from administration fees in
excess of $5.00 per supplementary payment collected pursuant to section
1616(d) of the Social Security Act or section 212(b)(3) of Public Law
93-66, which shall remain available until expended. To the extent that
the amounts collected pursuant to such section 1616(d) or 212(b)(3) in
fiscal year 1999 exceed $75,000,000, the amounts shall be available in
fiscal year 2000 only to the extent provided in advance in
appropriations Acts.
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $12,000,000, together with not to exceed $44,000,000, to be
transferred and expended as authorized by section 201(g)(1) of the
Social Security Act from the Federal Old-Age and Survivors Insurance
Trust Fund and the Federal Disability Insurance Trust Fund.
In addition, an amount not to exceed 3 percent of the total provided
in this appropriation may be transferred from the ``Limitation on
Administrative Expenses'', Social Security Administration, to be merged
with this account, to be available for the time and purposes for which
this account is available: Provided, That notice of such transfers shall
be transmitted promptly to the Committees on Appropriations of the House
and Senate.
United States Institute of Peace
For necessary expenses of the United States Institute of Peace as
authorized in the United States Institute of Peace Act, $12,160,000.
TITLE V--GENERAL PROVISIONS
Sec. 501. The Secretaries of Labor, Health and Human Services, and
Education are authorized to transfer unexpended balances of prior
appropriations to accounts corresponding to current appropriations
provided in this Act: Provided, That such transferred
[[Page 112 STAT. 2681-384]]
balances are used for the same purpose, and for the same periods of
time, for which they were originally appropriated.
Sec. 502. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 503. (a) No part of any appropriation contained in this Act
shall be used, other than for normal and recognized executive-
legislative relationships, for publicity or propaganda purposes, for the
preparation, distribution, or use of any kit, pamphlet, booklet,
publication, radio, television, or video presentation designed to
support or defeat legislation pending before the Congress or any State
legislature, except in presentation to the Congress or any State
legislature itself.
(b) No part of any appropriation contained in this Act shall be used
to pay the salary or expenses of any grant or contract recipient, or
agent acting for such recipient, related to any activity designed to
influence legislation or appropriations pending before the Congress or
any State legislature.
Sec. 504. The Secretaries of Labor and Education are each authorized
to make available not to exceed $15,000 from funds available for
salaries and expenses under titles I and III, respectively, for official
reception and representation expenses; the Director of the Federal
Mediation and Conciliation Service is authorized to make available for
official reception and representation expenses not to exceed $2,500 from
the funds available for ``Salaries and expenses, Federal Mediation and
Conciliation Service''; and the Chairman of the National Mediation Board
is authorized to make available for official reception and
representation expenses not to exceed $2,500 from funds available for
``Salaries and expenses, National Mediation Board''.
Sec. 505. Notwithstanding any other provision of this Act, no funds
appropriated under this Act shall be used to carry out any program of
distributing sterile needles or syringes for the hypodermic injection of
any illegal drug.
Sec. 506. (a) Purchase of American-Made Equipment and Products.--It
is 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.
(b) Notice Requirement.--In providing financial assistance to, or
entering into any contract with, any entity using funds made available
in this Act, the head of each Federal agency, to the greatest extent
practicable, shall provide to such entity a notice describing the
statement made in subsection (a) by the Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling Products
as Made in America.--If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States that is
not made in the United States, the person shall be ineligible to receive
any contract or subcontract made with funds made available in this Act,
pursuant to the debarment, suspension, and ineligibility procedures
described in sections 9.400 through 9.409 of title 48, Code of Federal
Regulations.
Sec. 507. When issuing statements, press releases, requests for
proposals, bid solicitations and other documents describing projects or
programs funded in whole or in part with Federal money, all grantees
receiving Federal funds included in this Act,
[[Page 112 STAT. 2681-385]]
including but not limited to State and local governments and recipients
of Federal research grants, shall clearly state: (1) the percentage of
the total costs of the program or project which will be financed with
Federal money; (2) the dollar amount of Federal funds for the project or
program; and (3) percentage and dollar amount of the total costs of the
project or program that will be financed by nongovernmental sources.
<<NOTE: Abortions.>> Sec. 508. (a) None of the funds appropriated
under this Act, and none of the funds in any trust fund to which funds
are appropriated under this Act, shall be expended for any abortion.
(b) None of the funds appropriated under this Act, and none of the
funds in any trust fund to which funds are appropriated under this Act,
shall be expended for health benefits coverage that includes coverage of
abortion.
(c) The term ``health benefits coverage'' means the package of
services covered by a managed care provider or organization pursuant to
a contract or other arrangement.
Sec. 509. (a) The limitations established in the preceding section
shall not apply to an abortion--
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness, including a
life-endangering physical condition caused by or arising from
the pregnancy itself, that would, as certified by a physician,
place the woman in danger of death unless an abortion is
performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality,
entity, or private person of State, local, or private funds (other than
a State's or locality's contribution of Medicaid matching funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from offering
abortion coverage or the ability of a State or locality to contract
separately with such a provider for such coverage with State funds
(other than a State's or locality's contribution of Medicaid matching
funds).
<<NOTE: 31 USC 1301 note.>> Sec. 510. Notwithstanding any other
provision of law, hereafter--
(1) no amount may be transferred from an appropriation
account for the Departments of Labor, Health and Human Services,
and Education except as authorized in this or any subsequent
appropriation Act, or in the Act establishing the program or
activity for which funds are contained in this Act;
(2) no department, agency, or other entity, other than the
one responsible for administering the program or activity for
which an appropriation is made in this Act, may exercise
authority for the timing of the obligation and expenditure of
such appropriation, or for the purpose for which it is obligated
and expended, except to the extent and in the manner otherwise
provided in sections 1512 and 1513 of title 31, United States
Code; and
(3) no funds provided under this Act shall be available for
the salary (or any part thereof) of an employee who is
reassigned on a temporary detail basis to another position in
the employing agency or department or in any other agency or
department, unless the detail is independently approved by the
head of the employing department or agency.
[[Page 112 STAT. 2681-386]]
Sec. 511. (a) None of the funds made available in this Act may be
used for--
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of injury
or death greater than that allowed for research on fetuses in
utero under 45 CFR 46.208(a)(2) and section 498(b) of the Public
Health Service Act (42 U.S.C. 289g(b)).
(b) For purposes of this section, the term ``human embryo or
embryos'' includes any organism, not protected as a human subject under
45 CFR 46 as of the date of the enactment of this Act, that is derived
by fertilization, parthenogenesis, cloning, or any other means from one
or more human gametes or human diploid cells.
Sec. 512. (a) Limitation on Use of Funds for Promotion of
Legalization of Controlled Substances.--None of the funds made available
in this Act may be used for any activity that promotes the legalization
of any drug or other substance included in schedule I of the schedules
of controlled substances established by section 202 of the Controlled
Substances Act (21 U.S.C. 812).
(b) Exceptions.--The limitation in subsection (a) shall not apply
when there is significant medical evidence of a therapeutic advantage to
the use of such drug or other substance or that federally sponsored
clinical trials are being conducted to determine therapeutic advantage.
Sec. 513. None of the funds made available in this Act may be
obligated or expended to enter into or renew a contract with an entity
if--
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in section 4212(d) of
title 38, United States Code, regarding submission of an annual
report to the Secretary of Labor concerning employment of
certain veterans; and
(2) such entity has not submitted a report as required by
that section for the most recent year for
which such requirement was applicable to such entity.
Sec. 514. None of the funds made available in this Act may be used
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. 515. Except as otherwise specifically provided by law,
unobligated balances remaining available at the end of fiscal year 1999
from appropriations made available for salaries and expenses for fiscal
year 1999 in this Act, shall remain available through December 31, 1999,
for each such account for the purposes authorized: Provided, That the
House and Senate Committees on Appropriations shall be notified at least
fifteen days prior to the obligation of such funds.
Sec. 516. None of the funds made available in this Act may be used
to promulgate or adopt any final standard under section 1173(b) of the
Social Security Act (42 U.S.C. 1320d-2(b)) providing for, or providing
for the assignment of, a unique health identifier for an individual
(except in an individual's capacity as an employer or a health care
provider), until legislation is enacted specifically approving the
standard.
[[Page 112 STAT. 2681-387]]
TITLE VI--NATIONAL CENTER FOR COMPLEMENTARY AND ALTERNATIVE MEDICINE
Sec. 601. Establishment of National Center For Complementary And
Alternative Medicine.
In General.--Title IV of the Public Health Service Act (42 U.S.C.
281 et seq.) is amended--
<<NOTE: 42 USC 283g.>> (1) by striking section 404E; and
(2) in part E, by adding at the end the following:
``Subpart 5--National Center for Complementary and Alternative Medicine
``SEC. 485D. <<NOTE: 42 USC 287c-21.>> PURPOSE OF CENTER.
``(a) In General.--The general purposes of the National Center for
Complementary and Alternative Medicine (in this subpart referred to as
the `Center') are the conduct and support of basic and applied research
(including both intramural and extramural research), research training,
the dissemination of health information, and other programs with respect
to identifying, investigating, and validating complementary and
alternative treatment, diagnostic and prevention modalities, disciplines
and systems. The Center shall be headed by a director, who shall be
appointed by the Secretary. The Director of the Center shall report
directly to the Director of NIH.
``(b) Advisory Council.--The Secretary shall establish an advisory
council for the Center in accordance with section 406, except that at
least half of the members of the advisory council who are not ex officio
members shall include practitioners licensed in one or more of the major
systems with which the Center is concerned, and at least 3 individuals
representing the interests of individual consumers of complementary and
alternative medicine.
``(c) Complement to Conventional Medicine.--In carrying out
subsection (a), the Director of the Center shall, as appropriate, 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 health care delivery
systems in the United States.
``(d) Appropriate Scientific Expertise and Coordination With
Institutes and Federal Agencies.--The Director of the Center, after
consultation with the advisory council for the Center and the division
of research grants, shall ensure that scientists with appropriate
expertise in research on complementary and alternative medicine are
incorporated into the review, oversight, and management processes of all
research projects and other activities funded by the Center. In carrying
out this subsection, the Director of the Center, as necessary, may
establish review groups with appropriate scientific expertise. The
Director of the Center shall coordinate efforts with other Institutes
and Federal agencies to ensure appropriate scientific input and
management.
``(e) Evaluation of Various Disciplines and Systems.--In carrying
out subsection (a), the Director of the Center shall identify and
evaluate alternative and complementary medical treatment, diagnostic and
prevention modalities in each of the disciplines and systems with which
the Center is concerned, including each discipline and system in which
accreditation, national certification, or a State license is available.
[[Page 112 STAT. 2681-388]]
``(f) Ensuring High Quality, Rigorous Scientific Review.--In order
to ensure high quality, rigorous scientific review of complementary and
alternative, diagnostic and prevention modalities, disciplines and
systems, the Director of the Center shall conduct or support the
following activities:
``(1) Outcomes research and investigations.
``(2) Epidemiological studies.
``(3) Health services research.
``(4) Basic science research.
``(5) Clinical trials.
``(6) Other appropriate research and investigational
activities.
The Director of NIH, in coordination with the Director of the Center,
shall designate specific personnel in each Institute to serve as full-
time liaisons with the Center in facilitating appropriate coordination
and scientific input.
``(g) Data System; Information Clearinghouse.--
``(1) Data system.--The Director of the Center shall
establish a bibliographic system for the collection, storage,
and retrieval of worldwide research relating to complementary
and alternative treatment, diagnostic and prevention modalities,
disciplines and systems. Such a system shall be regularly
updated and publicly accessible.
``(2) Clearinghouse.--The Director of the Center shall
establish an information clearinghouse to facilitate and
enhance, through the effective dissemination of information,
knowledge and understanding of alternative medical treatment,
diagnostic and prevention practices by health professionals,
patients, industry, and the public.
``(h) Research Centers.--The Director of the Center, after
consultation with the advisory council for the Center, shall provide
support for the development and
operation of multipurpose centers to conduct research and other
activities described in subsection (a) with respect to complementary and
alternative treatment, diagnostic and prevention modalities, disciplines
and systems. The provision of support for the development and operation
of such centers shall include accredited complementary and alternative
medicine research and education facilities.
``(i) Availability of Resources.--After consultation with the
Director of the Center, the Director of NIH shall ensure that resources
of the National Institutes of Health, including laboratory and clinical
facilities, fellowships (including research training fellowship and
junior and senior clinical fellowships), and other resources are
sufficiently available to enable the Center to appropriately and
effectively carry out its duties as described in subsection (a). The
Director of NIH, in coordination with the Director of the Center, shall
designate specific personnel in each Institute to serve as full-time
liaisons with the Center in facilitating appropriate coordination and
scientific input.
``(j) Availability of Appropriations.--Amounts appropriated to carry
out this section for fiscal year 1999 are available for obligation
through September 30, 2001. Amounts appropriated to carry out this
section for fiscal year 2000 are available for obligation through
September 30, 2001.''.
(k) Technical and Conforming Amendment.--Section 401(b)(2) of the
Public Health Service Act (42 U.S.C. 281(b)(2) is amended by adding at
the end the following:
[[Page 112 STAT. 2681-389]]
``(F) The National Center for Complementary and
Alternative Medicine.' ''.
TITLE VII--MISCELLANEOUS PROVISIONS
Sec. 701. Section 396(k)(9) of Title 47, United States Code, is
amended by striking ``at an annual rate of pay which exceeds the rate of
basic pay in effect from time to time for level I of the Executive
Schedule under 5312 of title 5, United States Code'' and inserting ``in
excess of reasonable compensation as determined pursuant to Section 4958
of the Internal Revenue Code for services that the officer or employee
renders to organization'' after ``compensated.''
<<NOTE: 42 USC 1396r-4 note.>> Sec. 702. The amount of the DSH
allotment for the State of Minnesota for fiscal year 1999, specified in
the table under section 1923(f)(2) of the Social Security Act (as
amended by section 4721(a)(1) of Public Law 105-33) is deemed to be
$33,000,000.
Sec. 703. <<NOTE: 42 USC 1396r-4 note.>> The amount of the DSH
allotment for the State of New Mexico for fiscal year 1999, specified in
the table under section 1923(f)(2) of the Social Security Act (as
amended by section 4721(a)(1) of Public Law 105-33) is deemed to be
$9,000,000.
<<NOTE: 42 USC 1396r-4 note.>> Sec. 704. Notwithstanding section
1923(f)(2) of the Social Security Act (42 U.S.C. 1396r-4(f)(2)) (as
amended by section 4721(a)(1) of the Balanced Budget Act of 1997 (Public
Law 105-33; 111 Stat. 511), the amount of the DSH allotment for Wyoming
for fiscal year 1999 is deemed to be $95,000.
Sec. 705. Extension of Certain Adjudication Provisions.--The Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1990 (Public Law 101-167) is amended--
(1) in section 599D (8 U.S.C. 1157 note)--
(A) in subsection (b)(3), by striking ``1997 and
1998'' and inserting ``1997, 1998, and 1999''; and
(B) in subsection (e), by striking ``October 1,
1998'' each place it appears and inserting ``October 1,
1999'' and
(2) in section 599E (8 U.S.C. 1255 note) in subsection
(b)(2), by striking ``September 30, 1998'' and inserting
``September 30, 1999''.
Sec. 706. (a) Section 2104(c) of the Social Security Act (42 U.S.C.
1397dd(c)) is amended by adding at the end the following new paragraph:
``(4) Additional allotment.--
``(A) In general.--In addition to the allotment
under paragraph (1), the Secretary shall allot each
commonwealth and territory described in paragraph (3)
the applicable percentage specified in paragraph (2) of
the amount appropriated under subparagraph (B).
``(B) Appropriations.--For purposes of providing
allotments pursuant to subparagraph (A), there is
appropriated, out of any money in the Treasury not
otherwise appropriated $32,000,000 for fiscal year
1999.''.
(b) Section 2104(b)(1) of such Act (42 U.S.C. 1397dd(b)(1)) is
amended by inserting ``(determined without regard to paragraph (4)
thereof)'' after ``subsection (c)''.
Sec. 707. <<NOTE: 42 USC 1397dd note.>> Determination of Number of
Children and State Cost Factors for Fiscal Years 1998 and 1999 for
Purposes
[[Page 112 STAT. 2681-390]]
of State Children's Health Insurance Program (SCHIP).--Notwithstanding
any other provision of law, for purposes of determining the product
under section 2104(b)(1)(A) of the Social Security Act (42 U.S.C.
1397dd(b)(1)(A)) for a State for each of fiscal years 1998 and 1999--
(1) the number of children under clause (i) of such section
shall be the number of low-income children specified for the
State in Column B of the table on pages 48101-48102 of the
Federal Register published on September 12, 1997, adjusted by
the Census Bureau as necessary to treat children as being
without health insurance if they have access to health care
funded by the Indian Health Service but do not have health
insurance; and
(2) the State cost factor under clause (ii) of such section
shall be the State cost factor specified for the State in Column
C of such table.
Sec. 708. (a) Extension of Deadline for Submission of Report by
Commission To Assess the Organization of the Federal Government To
Combat the Proliferation of Weapons of Mass Destruction.--Section
712(c)(1) of the Combating Proliferation of Weapons of Mass Destruction
Act of 1996 (subtitle A of title VII of Public Law 104-293; 110 Stat.
3470; 50 U.S.C. 2351 note) is amended by striking out ``the date of the
enactment of this Act'' and inserting in lieu thereof ``January 18,
1998''.
(b) Membership of Commission.--Section 711 of that Act is amended--
<<NOTE: 50 USC 2351 note.>>
(1) in the matter preceding subsection (b)(1), by striking
out ``eight members'' and inserting in lieu thereof ``twelve
members, none of whom may, during the period of their service on
the Commission, be an officer or employee of any department,
agency, or other establishment of the Executive Branch (other
than the Commission), and'';
(2) in subsection (b)(2), by striking out ``one'' and
inserting in lieu thereof ``three'';
(3) in subsection (b)(4), by striking out ``one'' and
inserting in lieu thereof ``three''; and
(4) in subsection (e), by striking out ``the date on which
all members of the Commission have been appointed'' and
inserting in lieu thereof ``the date of enactment of an Act
making appropriations for the Departments of Labor, Health and
Human Services, and Education, and related agencies, for the
fiscal year ending September 30, 1999, regardless of whether all
the members of the Commission have been appointed as of that
date,''.
(c) <<NOTE: 50 USC 2351 note.>> Restrictions on Activities of
Commission.--Section 712(a) of that Act is amended by adding at the end
the following:
(4) Restrictions.--In carrying out the study under paragraph
(1), making the assessments under paragraph (2), and addressing
the matters identified in paragraph (3), the Commission shall
not review, evaluate, or report on--
``(A) United States domestic response capabilities
with respect to weapons of mass destruction; or
``(B) the adequacy or usefulness of United States
laws that provide for the imposition of sanctions on
countries or entities that engage in the proliferation
of weapons of mass destruction.''.
[[Page 112 STAT. 2681-391]]
(d) Limitation on Commission Expenditures.--Section 717 of that
Act <<NOTE: 50 USC 2351 note.>> is amended by striking out ``shall be
paid'' and inserting in lieu thereof ``shall not exceed $1,000,000, and
shall be paid''.
Sec. 709. Protection of Divorced Spouses. (a) In General.--Section
6(c) of the Railroad Retirement Act of 1974 (45 U.S.C. 231e(c)) is
amended--
(1) in the last sentence of paragraph (1), by inserting
``(other than to a survivor in the circumstances described in
paragraph (3))'' after ``no further benefits shall be paid'';
and
(2) by adding at the end the following:
``(3) Notwithstanding the last sentence of paragraph (1),
benefits shall be paid to a survivor who--
``(A) is a divorced wife; and
``(B) through administrative error received benefits
otherwise precluded by the making of a lump sum payment
under this section to a widow;
if that divorced wife makes an election to repay to the Board
the lump sum payment. The Board may withhold up to 10 percent of
each benefit amount paid after the date of the enactment of this
paragraph toward such reimbursement. The Board may waive such
repayment to the extent the Board determines it would cause an
unjust financial hardship for the beneficiary.''.
<<NOTE: 45 USC 231e note.>> (b) Application of Amendment.--The
amendment made by this section shall apply with respect to any benefits
paid before the date of enactment of this Act as well as to benefits
payable on or after the date of the enactment of this Act.
<<NOTE: 42 USC 1396a note.>> Sec. 710. For purposes of payments to
States for medical assistance under title XIX of the Social Security Act
from amounts appropriated to carry out such title for fiscal year 1999
and for any subsequent fiscal year, individuals who are PACE program
eligible individuals under section 1934 of that Act and who meet the
income and resource eligibility requirements of individuals who are
eligible for medical assistance under section 1902(a)(10)(A)(ii)(VI) of
that Act shall be treated as individuals described in such section
1902(a)(10)(A)(ii)(VI) during the period of their enrollment in the PACE
program.
TITLE VIII--READING EXCELLENCE ACT
SUBTITLE I--READING AND LITERACY GRANTS
SEC. 101. AMENDMENT TO ESEA FOR READING AND LITERACY GRANTS.
(a) In General.--Title II of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6601 et seq.) is amended--
(1) by redesignating parts C and D as parts D and E,
respectively; and
(2) by inserting after part B the following:
``PART C--READING AND LITERACY GRANTS
``SEC. 2251. <<NOTE: 20 USC 6661.>> PURPOSES.
``The purposes of this part are as follows:
``(1) To provide children with the readiness skills they
need to learn to read once they enter school.
``(2) To teach every child to read in the child's early
childhood years--
[[Page 112 STAT. 2681-392]]
``(A) as soon as the child is ready to read; or
``(B) as soon as possible once the child enters
school, but not later than 3d grade.
``(3) To improve the reading skills of students, and the
instructional practices for current teachers (and, as
appropriate, other instructional staff) who teach reading,
through the use of findings from scientifically based reading
research, including findings relating to phonemic awareness,
systematic phonics, fluency, and reading comprehension.
``(4) To expand the number of high-quality family literacy
programs.
``(5) To provide early literacy intervention to children who
are experiencing reading difficulties in order to reduce the
number of children who are incorrectly identified as a child
with a disability and inappropriately referred to special
education.
``SEC. 2252. <<NOTE: 20 USC 6661a.>> DEFINITIONS.
``For purposes of this part:
``(1) Eligible professional development provider.--The term
`eligible professional development provider' means a provider of
professional development in reading instruction to teachers that
is based on scientifically based reading research.
``(2) Family literacy services.--The term `family literacy
services' means services provided to participants on a voluntary
basis that are of sufficient intensity in terms of hours, and of
sufficient duration, to make sustainable changes in a family,
and that integrate all of the following activities:
``(A) Interactive literacy activities between
parents and their children.
``(B) Training for parents regarding how to be the
primary teacher for their children and full partners in
the education of their children.
``(C) Parent literacy training that leads to
economic self-sufficiency.
``(D) An age-appropriate education to prepare
children for success in school and life experiences.
``(3) Instructional staff.--The term `instructional staff'--
``(A) means individuals who have responsibility for
teaching children to read; and
``(B) includes principals, teachers, supervisors of
instruction, librarians, library school media
specialists, teachers of academic subjects other than
reading, and other individuals who have responsibility
for assisting children to learn to read.
``(4) Reading.--The term `reading' means a complex system of
deriving meaning from print that requires all of the following:
``(A) The skills and knowledge to understand how
phonemes, or speech sounds, are connected to print.
``(B) The ability to decode unfamiliar words.
``(C) The ability to read fluently.
``(D) Sufficient background information and
vocabulary to foster reading comprehension.
``(E) The development of appropriate active
strategies to construct meaning from print.
``(F) The development and maintenance of a
motivation to read.
[[Page 112 STAT. 2681-393]]
``(5) Scientifically based reading research.--The term
`scientifically based reading research'--
``(A) means the application of rigorous, systematic,
and objective procedures to obtain valid knowledge
relevant to reading development, reading instruction,
and reading difficulties; and
``(B) shall include research that--
``(i) employs systematic, empirical methods
that draw on observation or experiment;
``(ii) involves rigorous data analyses that
are adequate to test the stated hypotheses and
justify the general conclusions drawn;
``(iii) relies on measurements or
observational methods that provide valid data
across evaluators and observers and across
multiple measurements and observations; and
``(iv) has been accepted by a peer-reviewed
journal or approved by a panel of independent
experts through a comparably rigorous, objective,
and scientific review.
``SEC. 2253. <<NOTE: 20 USC 6661b.>> READING AND LITERACY GRANTS TO
STATE EDUCATIONAL AGENCIES.
``(a) Program Authorized.--
``(1) In general.--Subject to the provisions of this part,
the Secretary shall award grants to State educational agencies
to carry out the reading and literacy activities authorized
under this section and sections 2254 through 2256.
``(2) Limitations.--
``(A) Single grant per state.--A State educational
agency may not receive more than one grant under
paragraph (1).
``(B) 3-year term.--A State educational agency that
receives a grant under paragraph (1) may expend the
funds provided under the grant only during the 3-year
period beginning on the date on which the grant is made.
``(b) Application.--
``(1) In general.--A State educational agency that desires
to receive a grant under this part shall submit an application
to the Secretary at such time and in such form as the Secretary
may require. The application shall contain the information
described in paragraph (2).
``(2) Contents.--An application under this subsection shall
contain the following:
``(A) An assurance that the Governor of the State,
in consultation with the State educational agency, has
established a reading and literacy partnership described
in subsection (d), and a description of how such
partnership--
``(i) assisted in the development of the State
plan;
``(ii) will be involved in advising on the
selection of subgrantees under sections 2255 and
2256; and
``(iii) will assist in the oversight and
evaluation of such subgrantees.
``(B) A description of the following:
``(i) How the State educational agency will
ensure that professional development activities
related to reading instruction and provided under
this part are--
[[Page 112 STAT. 2681-394]]
``(I) coordinated with other State
and local level funds and used
effectively to improve instructional
practices for reading; and
``(II) based on scientifically based
reading research.
``(ii) How the activities assisted under this
part will address the needs of teachers and other
instructional staff, and will effectively teach
students to read, in schools receiving assistance
under section 2255 and 2256.
``(iii) The extent to which the activities
will prepare teachers in all the major components
of reading instruction (including phonemic
awareness, systematic phonics, fluency, and
reading comprehension).
``(iv) How the State educational agency will
use technology to enhance reading and literacy
professional development activities for teachers,
as appropriate.
``(v) How parents can participate in literacy-
related activities assisted under this part to
enhance their children's reading.
``(vi) How subgrants made by the State
educational agency under sections 2255 and 2256
will meet the requirements of this part, including
how the State educational agency will ensure that
subgrantees will use practices based on
scientifically based reading research.
``(vii) How the State educational agency will,
to the extent practicable, make grants to
subgrantees in both rural and urban areas.
``(viii) The process that the State used to
establish the reading and literacy partnership
described in subsection (d).
``(C) An assurance that each local educational
agency to which the State educational agency makes a
subgrant--
``(i) will provide professional development
for the classroom teacher and other appropriate
instructional staff on the teaching of reading
based on scientifically based reading research;
``(ii) will provide family literacy services
based on programs such as the Even Start family
literacy model authorized under part B of title I,
to enable parents to be their child's first and
most important teacher;
``(iii) will carry out programs to assist
those kindergarten students who are not ready for
the transition to first grade, particularly
students experiencing difficulty with reading
skills; and
``(iv) will use supervised individuals
(including tutors), who have been appropriately
trained using scientifically based reading
research, to provide additional support, before
school, after school, on weekends, during
noninstructional periods of the school day, or
during the summer, for children preparing to enter
kindergarten and students in kindergarten through
grade 3 who are experiencing difficulty reading.
``(D) An assurance that instruction in reading will
be provided to children with reading difficulties who--
[[Page 112 STAT. 2681-395]]
``(i) are at risk of being referred to special
education based on these difficulties; or
``(ii) have been evaluated under section 614
of the Individuals with Disabilities Education Act
but, in accordance with section 614(b)(5) of such
Act, have not been identified as being a child
with a disability (as defined in section 602 of
the such Act).
``(E) A description of how the State educational
agency--
``(i) will build on, and promote coordination
among, literacy programs in the State (including
federally funded programs such as the Adult
Education and Family Literacy Act and the
Individuals with Disabilities Education Act), in
order to increase the effectiveness of the
programs in improving reading for adults and
children and to avoid duplication of the efforts
of the programs;
``(ii) will promote reading and library
programs that provide access to engaging reading
material;
``(iii) will make local educational agencies
described in sections 2255(a)(1) and 2256(a)(1)
aware of the availability of subgrants under
sections 2255 and 2256; and
``(iv) will assess and evaluate, on a regular
basis, local educational agency activities
assisted under this part, with respect to whether
they have been effective in achieving the purposes
of this part.
``(F) A description of the evaluation instrument the
State educational agency will use for purposes of the
assessments and evaluations under subparagraph (E)(iv).
``(c) Approval of Applications.--
``(1) In general.--The Secretary shall approve an
application of a State educational agency under this section
only--
``(A) if such application meets the requirement of
this section; and
``(B) after taking into account the extent to which
the application furthers the purposes of this part and
the overall quality of the application.
``(2) Peer review.--
``(A) In general.--The Secretary, in consultation
with the National Institute for Literacy, shall convene
a panel to evaluate applications under this section. At
a minimum, the panel shall include--
``(i) representatives of the National
Institute for Literacy, the National Research
Council of the National Academy of Sciences, and
the National Institute of Child Health and Human
Development;
``(ii) 3 individuals selected by the
Secretary;
``(iii) 3 individuals selected by the National
Institute for Literacy;
``(iv) 3 individuals selected by the National
Research Council of the National Academy of
Sciences; and
``(v) 3 individuals selected by the National
Institute of Child Health and Human Development.
``(B) Experts.--The panel shall include experts who
are competent, by virtue of their training, expertise,
or
[[Page 112 STAT. 2681-396]]
experience, to evaluate applications under this section,
and experts who provide professional development to
teachers of reading to children and adults, and experts
who provide professional development to other
instructional staff, based on scientifically based
reading research.
``(C) Priority.--The panel shall recommend grant
applications from State educational agencies under this
section to the Secretary for funding or for disapproval.
In making such recommendations, the panel shall give
priority to applications from State educational agencies
whose States have modified, are modifying, or provide an
assurance that not later than 18 months after receiving
a grant under this section the State educational
agencies will increase the training and the methods of
teaching reading required for certification as an
elementary school teacher to reflect scientifically
based reading research, except that nothing in this Act
shall be construed to establish a national system of
teacher certification.
``(D) Minimum grant amounts.--
``(i) States.--Each State educational agency
selected to receive a grant under this section
shall receive an amount for the grant period that
is not less than $500,000.
``(ii) Outlying areas.--The Virgin Islands,
Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands selected to receive a
grant under this section shall receive an amount
for the grant period that is not less than
$100,000.
``(E) Limitation.--The Republic of the Marshall
Islands, the Federated States of Micronesia, and the
Republic of Palau shall not be eligible to receive a
grant under this part.
``(d) Reading and Literacy Partnerships.--
``(1) Required participants.--In order for a State
educational agency to receive a grant under this section, the
Governor of the State, in consultation with the State
educational agency, shall establish a reading and literacy
partnership consisting of at least the following participants:
``(A) The Governor of the State.
``(B) The chief State school officer.
``(C) The chairman and the ranking member of each
committee of the State legislature that is responsible
for education policy.
``(D) A representative, selected jointly by the
Governor and the chief State school officer, of at least
one local educational agency that is eligible to receive
a subgrant under section 2255.
``(E) A representative, selected jointly by the
Governor and the chief State school officer, of a
community-based organization working with children to
improve their reading skills, particularly a community-
based organization using tutors and scientifically based
reading research.
``(F) State directors of appropriate Federal or
State programs with a strong reading component.
``(G) A parent of a public or private school student
or a parent who educates their child or children in
their
[[Page 112 STAT. 2681-397]]
home, selected jointly by the Governor and the chief
State school officer.
``(H) A teacher who successfully teaches reading and
an instructional staff member, selected jointly by the
Governor and the chief State school officer.
``(I) A family literacy service provider selected
jointly by the Governor and the chief State school
officer.
``(2) Optional participants.--A reading and literacy
partnership may include additional participants, who shall be
selected jointly by the Governor and the chief State school
officer, and who may include a representative of--
``(A) an institution of higher education operating a
program of teacher preparation based on scientifically
based reading research in the State;
``(B) a local educational agency;
``(C) a private nonprofit or for-profit eligible
professional development provider providing instruction
based on scientifically based reading research;
``(D) an adult education provider;
``(E) a volunteer organization that is involved in
reading programs; or
``(F) a school library or a public library that
offers reading or literacy programs for children or
families.
``(3) Preexisting partnership.--If, before the date of the
enactment of the Reading Excellence Act, a State established a
consortium, partnership, or any other similar body, that
includes the Governor and the chief State school officer and
has, as a central part of its mission, the promotion of literacy
for children in their early childhood years through the 3d grade
and family literacy services, but that does not satisfy the
requirements of paragraph (1), the State may elect to treat that
consortium, partnership, or body as the reading and literacy
partnership for the State notwithstanding such paragraph, and it
shall be considered a reading and literacy partnership for
purposes of the other provisions of this part.
``SEC. 2254. <<NOTE: 20 USC 6661c.>> USE OF AMOUNTS BY STATE
EDUCATIONAL AGENCIES.
``A State educational agency that receives a grant under section
2253--
``(1) shall use not more than 5 percent of the funds made
available under the grant for the administrative costs of
carrying out this part (excluding section 2256), of which not
more than 2 percent may be used to carry out section 2259; and
``(2) shall use not more than 15 percent of the funds made
available under the grant to solicit applications for, award,
and oversee the performance of, not less than one subgrant
pursuant to section 2256.
``SEC. 2255. <<NOTE: 20 USC 6661d.>> LOCAL READING IMPROVEMENT
SUBGRANTS.
``(a) In General.--
``(1) Subgrants.--A State educational agency that receives a
grant under section 2253 shall make subgrants, on a competitive
basis, to local educational agencies that either--
``(A) have at least one school that is identified
for school improvement under section 1116(c) in the
geographic area served by the agency;
``(B) have the largest, or second largest, number of
children who are counted under section 1124(c), in
[[Page 112 STAT. 2681-398]]
comparison to all other local educational agencies in
the State; or
``(C) have the highest, or second highest, school-
age child poverty rate, in comparison to all other local
educational agencies in the State.
For purposes of subparagraph (C), the term `school-age child
poverty rate' means the number of children counted under section
1124(c) who are living within the geographic boundaries of the
local educational agency, expressed as a percentage of the total
number of children aged 5-17 years living within the geographic
boundaries of the local educational agency.
``(2) Subgrant amount.--A subgrant under this section shall
consist of an amount sufficient to enable the subgrant recipient
to operate a program for a 2-year period and may not be revoked
or terminated on the grounds that a school ceases, during the
grant period, to meet the requirements of subparagraph (A), (B),
or (C) of paragraph (1).
``(b) Applications.--A local educational agency that desires to
receive a subgrant under this section shall submit an application to the
State educational agency at such time, in such manner, and including
such information as the agency may require. The application--
``(1) shall describe how the local educational agency will
work with schools selected by the agency to receive assistance
under subsection (d)(1)--
``(A) to select one or more programs of reading
instruction, developed using scientifically based
reading research, to improve reading instruction by all
academic teachers for all children in each of the
schools selected by the agency under such subsection
and, where appropriate, for their parents; and
``(B) to enter into an agreement with a person or
entity responsible for the development of each program
selected under subparagraph (A), or a person with
experience or expertise about the program and its
implementation, under which the person or entity agrees
to work with the local educational agency and the
schools in connection with such implementation and
improvement efforts;
``(2) shall include an assurance that the local educational
agency--
``(A) will carry out professional development for
the classroom teacher and other instructional staff on
the teaching of reading based on scientifically based
reading research;
``(B) will provide family literacy services based on
programs such as the Even Start family literacy model
authorized under part B of title I, to enable parents to
be their child's first and most important teacher;
``(C) will carry out programs to assist those
kindergarten students who are not ready for the
transition to first grade, particularly students
experiencing difficulty with reading skills; and
``(D) will use supervised individuals (including
tutors), who have been appropriately trained using
scientifically based reading research, to provide
additional support, before school, after school, on
weekends, during noninstructional periods of the school
day, or during the summer,
[[Page 112 STAT. 2681-399]]
for children preparing to enter kindergarten and
students in kindergarten through grade 3 who are
experiencing difficulty reading;
``(3) shall describe how the applicant will ensure that
funds available under this part, and funds available for reading
instruction for kindergarten through grade 6 from other
appropriate sources, are effectively coordinated, and, where
appropriate, integrated with funds under this Act in order to
improve existing activities in the areas of reading instruction,
professional development, program improvement, parental
involvement, technical assistance, and other activities that can
help meet the purposes of this part;
``(4) shall describe, if appropriate, how parents, tutors,
and early childhood education providers will
be assisted by, and participate in, literacy-related activities
receiving financial assistance under this part to enhance children's
reading fluency;
``(5) shall describe how the local educational agency--
``(A) provides instruction in reading to children
with reading difficulties who--
``(i) are at risk of being referred to special
education based on these difficulties; or
``(ii) have been evaluated under section 614
of the Individuals with Disabilities Education Act
but, in accordance with section 614(b)(5) of such
Act, have not been identified as being a child
with a disability (as defined in section 602 of
the such Act); and
``(B) will promote reading and library programs that
provide access to engaging reading material; and
``(6) shall include an assurance that the local educational
agency will make available, upon request and in an
understandable and uniform format, to any parent of a student
attending any school selected to receive assistance under
subsection (d)(1) in the geographic area served by the local
educational agency, information regarding the professional
qualifications of the student's classroom teacher to provide
instruction in reading.
``(c) Special Rule.--To the extent feasible, a local educational
agency that desires to receive a grant under this section shall form a
partnership with one or more community-based organizations of
demonstrated effectiveness in early childhood literacy, and reading
readiness, reading instruction, and reading achievement for both adults
and children, such as a Head Start program, family literacy program,
public library, or adult education program, to carry out the functions
described in paragraphs (1) through (6) of subsection (b). In evaluating
subgrant applications under this section, a State educational agency
shall consider whether the applicant has satisfied the requirement in
the preceding sentence. If not, the applicant must provide information
on why it would not have been feasible for the applicant to have done
so.
``(d) Use of Funds.--
``(1) In general.--Subject to paragraph (2), a local
educational agency that receives a subgrant under this section
shall use amounts from the subgrant to carry out activities to
advance reform of reading instruction in any school that (A) is
described in subsection (a)(1)(A), (B) has the largest, or
second largest, number of children who are counted under section
1124(c), in comparison to all other schools in the local
educational agency, or (C) has the highest, or second highest,
[[Page 112 STAT. 2681-400]]
school-age child poverty rate (as defined in the second sentence
of subsection (a)(1)), in comparison to all other schools in the
local educational agency. Such activities shall include the
following:
``(A) Securing technical and other assistance from--
``(i) a program of reading instruction based
on scientifically based reading research;
``(ii) a person or entity with experience or
expertise about such program and its
implementation, who has agreed to work with the
recipient in connection with its implementation;
or
``(iii) a program providing family literacy
services.
``(B) Providing professional development activities
to teachers and other instructional staff (including
training of tutors), using scientifically based reading
research and purchasing of curricular and other
supporting materials.
``(C) Promoting reading and library programs that
provide access to engaging reading material.
``(D) Providing, on a voluntary basis, training to
parents of children enrolled in a school selected to
receive assistance under subsection (d)(1) on how to
help their children with school work, particularly in
the development of reading skills. Such training may be
provided directly by the subgrant recipient, or through
a grant or contract with another person. Such training
shall be consistent with reading reforms taking place in
the school setting. No parent shall be required to
participate in such training.
``(E) Carrying out family literacy services based on
programs such as the Even Start family literacy model
authorized under part B of title I, to enable parents to
be their child's first and most important teacher.
``(F) Providing instruction for parents of children
enrolled in a school selected to receive assistance
under subsection (d)(1), and others who volunteer to be
reading tutors for such children, in the instructional
practices based on scientifically based reading research
used by the applicant.
``(G) Programs to assist those kindergarten students
enrolled in a school selected to receive assistance
under subsection (d)(1) who are not ready for the
transition to first grade, particularly students
experiencing difficulty with reading skills.
``(H) Providing additional support for children
preparing to enter kindergarten and students in
kindergarten through grade 3 who are enrolled in a
school selected to receive assistance under subsection
(d)(1), who are experiencing difficulty reading, before
school, after school, on weekends, during
noninstructional periods of the school day, or during
the summer, using supervised individuals (including
tutors), who have been appropriately trained using
scientifically based reading research.
``(I) Providing instruction in reading to children
with reading difficulties who--
``(i) are at risk of being referred to special
education based on these difficulties; or
``(ii) have been evaluated under section 614
of the Individuals with Disabilities Education Act
but, in
[[Page 112 STAT. 2681-401]]
accordance with section 614(b)(5) of such Act,
have not been identified as being a child with a
disability (as defined in section 602 of the such
Act).
``(J) Providing coordination of reading, library,
and literacy programs within the local educational
agency to avoid duplication and increase the
effectiveness of reading, library, and literacy
activities.
``(2) Limitation on administrative expenses.--A recipient of
a subgrant under this section may use not more than 5 percent of
the subgrant funds for administrative costs.
``(e) Training Nonrecipients.--A recipient of a subgrant under this
section may train, on a fee-for-service basis, personnel from schools,
or local educational agencies, that are not a beneficiary of, or
receiving, such a subgrant, in the instructional practices based on
scientifically based reading research used by the recipient. Such a
nonrecipient school or agency may use funds received under title I of
this Act, and other appropriate Federal funds used for reading
instruction, to pay for such training, to the extent consistent with the
law under which such funds were received.
``SEC. 2256. <<NOTE: 20 USC 6661e.>> TUTORIAL ASSISTANCE SUBGRANTS.
``(a) In General.--
``(1) Subgrants.--Except as provided in paragraph (4), a
State educational agency that receives a grant under section
2253 shall make at least one subgrant on a competitive basis
to--
``(A) local educational agencies that have at least
one school in the geographic area served by the agency
that--
``(i) is located in an area designated as an
empowerment zone under part I of subchapter U of
chapter 1 of the Internal Revenue Code of 1986; or
``(ii) is located in an area designated as an
enterprise community under part I of subchapter U
of chapter 1 of the Internal Revenue Code of 1986;
``(B) local educational agencies that have at least
one school that is identified for school improvement
under section 1116(c) in the geographic area served by
the agency;
``(C) local educational agencies with the largest,
or second largest, number of children who are counted
under section 1124(c), in comparison to all other local
educational agencies in the State; or
``(D) local educational agencies with the highest,
or second highest, school-age child poverty rate, in
comparison to all other local educational agencies in
the State.
For purposes of subparagraph (D), the term `school-age child
poverty rate' means the number of children counted under section
1124(c) who are living within the geographic boundaries of the
local educational agency, expressed as a percentage of the total
number of children aged 5-17 years living within the geographic
boundaries of the local educational agency.
``(2) Notification.--
``(A) To local educational agencies.--A State
educational agency shall provide notice to all local
educational agencies within the State regarding the
availability of the subgrants under this section.
``(B) To providers and parents.--Not later than 30
days after the date on which the State educational
agency
[[Page 112 STAT. 2681-402]]
provides notice under subparagraph (A), each local
educational agency described in paragraph (1) shall, as
a condition on the agency's receipt of funds made
available under title I of this Act, provide public
notice to potential providers of tutorial assistance
operating in the jurisdiction of the agency, and parents
residing in such jurisdiction, regarding the
availability of the subgrants under this section.
``(3) Application.--A local educational agency that desires
to receive a subgrant under this section shall submit an
application to the State educational agency at such time, in
such manner, and including such information as the agency may
require. The application shall include an assurance that the
local
educational agency will use the subgrant funds to carry out the duties
described in subsection (b) for children enrolled in any school selected
by the agency that (A) is described in paragraph (1)(A), (B) is
described in paragraph (1)(B), (C) has the largest, or second largest,
number of children who are counted under section 1124(c), in comparison
to all other schools in the local educational agency, or (D) has the
highest, or second highest, school-age child poverty rate (as defined in
the second sentence of paragraph (1)), in comparison to all other
schools in the local educational agency.
``(4) Exception.--If no local educational agency within the
State submits an application to receive a subgrant under this
section within the 6-month period beginning on the date on which
the State educational agency provided notice to the local
educational agencies regarding the availability of the
subgrants, the State educational agency may use funds otherwise
reserved under 2254(2) for the purpose of providing local
reading improvement subgrants under section 2255 if the State
educational agency certifies to the Secretary that the
requirements of paragraph (2) have been met and each local
educational agency in the State described in subparagraph (B) of
such paragraph has demonstrated to the State educational agency
that no provider of tutorial assistance described in such
subparagraph requested the local educational agency to submit
under paragraph (3) an application for a tutorial assistance
subgrant.
``(b) Use of Funds.--
``(1) In general.--A local educational agency that receives
a subgrant under this section shall carry out, using the funds
provided under the subgrant, each of the duties described in
paragraph (2).
``(2) Duties.--The duties described in this paragraph are
the provision of tutorial assistance in reading, before school,
after school, on weekends, or during the summer, to children who
have difficulty reading, using instructional practices based on
scientifically based reading research, through the following:
``(A) The creation and implementation of objective
criteria to determine in a uniform manner the
eligibility of tutorial assistance providers and
tutorial assistance programs desiring to provide
tutorial assistance under the subgrant. Such criteria
shall include the following:
``(i) A record of effectiveness with respect
to reading readiness, reading instruction for
children in
[[Page 112 STAT. 2681-403]]
kindergarten through 3d grade, and early childhood
literacy, as appropriate.
``(ii) Location in a geographic area
convenient to the school or schools attended by
the children who will be receiving tutorial
assistance.
``(iii) The ability to provide tutoring in
reading to children who have difficulty reading,
using instructional practices based on
scientifically based reading research and
consistent with the reading instructional methods
and content used by the school the child attends.
``(B) The provision, to parents of a child eligible
to receive tutorial assistance pursuant to this section,
of multiple choices among tutorial assistance providers
and tutorial assistance programs determined to be
eligible under the criteria described in subparagraph
(A). Such choices shall include a school-based program
and at least one tutorial assistance program operated by
a provider pursuant to a contract with the local
educational agency.
``(C) The development of procedures--
``(i) for the provision of information to
parents of an eligible child regarding such
parents' choices for tutorial assistance for the
child;
``(ii) for considering children for tutorial
assistance who are identified under subparagraph
(D) and for whom no parent has selected a tutorial
assistance provider or tutorial assistance program
that give such parents additional opportunities to
select a tutorial assistance provider or tutorial
assistance program referred to in subparagraph
(B); and
``(iii) that permit a local educational agency
to recommend a tutorial assistance provider or
tutorial assistance program in a case where a
parent asks for assistance in the making of such
selection.
``(D) The development of a selection process for
providing tutorial assistance in accordance with this
paragraph that limits the provision of assistance to
children identified, by the school the child attends, as
having difficulty reading, including difficulty
mastering phonemic awareness, systematic phonics,
fluency, and reading comprehension.
``(E) The development of procedures for selecting
children to receive tutorial assistance, to be used in
cases where insufficient funds are available to provide
assistance with respect to all children identified by a
school under subparagraph (D), that--
``(i) give priority to children who are
determined, through State or local reading
assessments, to be most in need of tutorial assistance; and
``(ii) give priority, in cases where children
are determined, through State or local reading
assessments, to be equally in need of tutorial
assistance, based on a random selection principle.
``(F) The development of a methodology by which
payments are made directly to tutorial assistance
providers who are identified and selected pursuant to
this section and selected for funding. Such methodology
shall include the making of a contract, consistent with
State and local
[[Page 112 STAT. 2681-404]]
law, between the provider and the local educational
agency. Such contract shall satisfy the following
requirements:
``(i) It shall contain specific goals and
timetables with respect to the performance of the
tutorial assistance provider.
``(ii) It shall require the tutorial
assistance provider to report to the local
educational agency on the provider's performance
in meeting such goals and timetables.
``(iii) It shall specify the measurement
techniques that will be used to evaluate the
performance of the provider.
``(iv) It shall require the provider to meet
all applicable Federal, State, and local health,
safety, and civil rights laws.
``(v) It shall ensure that the tutorial
assistance provided under the contract is
consistent with reading instruction and content
used by the local educational agency.
``(vi) It shall contain an agreement by the
provider that information regarding the identity
of any child eligible for, or enrolled in the
program, will not be publicly disclosed without
the permission of a parent of the child.
``(vii) It shall include the terms of an
agreement between the provider and the local
educational agency with respect to the provider's
purchase and maintenance of adequate general
liability insurance.
``(viii) It shall contain provisions with
respect to the making of payments to the provider
by the local educational agency.
``(G) The development of procedures under which the
local educational agency carrying out this paragraph--
``(i) will ensure oversight of the quality and
effectiveness of the tutorial assistance provided
by each tutorial assistance provider that is
selected for funding;
``(ii) will provide for the termination of
contracts with ineffective and unsuccessful
tutorial assistance providers (as determined by
the local educational agency based upon the
performance of the provider with respect to the
goals and timetables contained in the contract
between the agency and the provider under
subparagraph (F));
``(iii) will provide to each parent of a child
identified under subparagraph (D) who requests
such information for the purpose of selecting a
tutorial assistance provider for the child, in a
comprehensible format, information with respect to
the quality and effectiveness of the tutorial
assistance referred to in clause (i);
``(iv) will ensure that each school
identifying a child under subparagraph (D) will
provide upon request, to a parent of the child,
assistance in selecting, from among the tutorial
assistance providers who are identified pursuant
to subparagraph (B) the provider who is best able
to meet the needs of the child;
``(v) will ensure that parents of a child
receiving tutorial assistance pursuant to this
section are
[[Page 112 STAT. 2681-405]]
informed of their child's progress in the tutorial
program; and
``(vi) will ensure that it does not disclose
the name of any child who may be eligible for
tutorial assistance pursuant to this section, the
name of any parent of such a child, or any other
personally identifiable information about such a
parent or child, to any tutorial assistance
provider (excluding the agency itself), without
the prior written consent of such parent.
``SEC. 2257. <<NOTE: 20 USC 6661f.>> NATIONAL EVALUATION.
``From funds reserved under section 2260(b)(1), the Secretary,
through grants or contracts, shall conduct a national assessment of the
programs under this part. In developing the criteria for the assessment,
the Secretary shall receive recommendations from the peer review panel
convened under section 2253(c)(2).
``SEC. <<NOTE: 20 USC 6661g.>> 2258. INFORMATION DISSEMINATION.
``(a) In General.--From funds reserved under section 2260(b)(2), the
National Institute for Literacy shall disseminate information on
scientifically based reading research and information on subgrantee
projects under section 2255 or 2256 that have proven effective. At a
minimum, the institute shall disseminate such information to all
recipients of Federal financial assistance under titles I and VII of
this Act, the Head Start Act, the Individuals with Disabilities
Education Act, and the Adult Education and Family Literacy Act.
``(b) Coordination.--In carrying out this section, the National
Institute for Literacy--
``(1) shall use, to the extent practicable, information
networks developed and maintained through other public and
private persons, including the Secretary, the National Center
for Family Literacy, and the Readline Program;
``(2) shall work in conjunction with any panel convened by
the National Institute of Child Health and Human Development and
the Secretary and any panel convened by the Office of
Educational
Research and Improvement to assess the current status of research-based
knowledge on reading development, including the effectiveness of various
approaches to teaching children to read, with respect to determining the
criteria by which the National Institute for Literacy judges
scientifically based reading research and the design of strategies to
disseminate such information; and
``(3) may assist any State educational agency selected to
receive a grant under section 2253, and that requests such
assistance--
``(A) in determining whether applications submitted
under section 2253 meet the requirements of this title
relating to scientifically based reading research; and
``(B) in the development of subgrant application
forms.
``SEC. 2259. <<NOTE: 20 USC 6661h.>> STATE EVALUATIONS; PERFORMANCE
REPORTS.
``(a) State Evaluations.--
``(1) In general.--Each State educational agency that
receives a grant under section 2253 shall evaluate the success
of the agency's subgrantees in meeting the purposes of this
part. At a minimum, the evaluation shall measure the extent to
which students who are the intended beneficiaries of the
[[Page 112 STAT. 2681-406]]
subgrants made by the agency have improved their reading skills.
``(2) Contract.--A State educational agency shall carry out
the evaluation under this subsection by entering into a contract
with an entity that conducts scientifically based reading
research, under which contract the entity will perform the
evaluation.
``(3) Submission.--A State educational agency shall submit
the findings from the evaluation under this subsection to the
Secretary. The Secretary shall submit a summary of the findings
from the evaluations under this subsection and the national
assessment conducted under section 2257 to the appropriate
committees of the Congress, including the Committee on Education
and the Workforce of the House of Representatives and the
Committee on Labor and Human Resources of the Senate.
``(b) Performance Reports.--A State educational agency that receives
a grant under section 2253 shall submit performance reports to the
Secretary pursuant to a schedule to be determined by the Secretary, but
not more frequently than annually. Such reports shall include--
``(1) with respect to subgrants under section 2255, the
program or programs of reading instruction, based on
scientifically based reading research, selected by subgrantees;
``(2) the results of use of the evaluation referred to in
section 2253(b)(2)(E)(iv); and
``(3) a description of the subgrantees receiving funds under
this part.
``SEC. 2260. AUTHORIZATIONS OF APPROPRIATIONS; <<NOTE: 20 USC
6661i.>> RESERVATIONS FROM APPROPRIATIONS; SUNSET.
``(a) Authorizations.--
``(1) FY 1999.--There are authorized to be appropriated to
carry out this part and section 1202(c) $260,000,000 for fiscal
year 1999.
``(2) FY 2000.--There are authorized to be appropriated to
carry out this part and section 1202(c) $260,000,000 for fiscal
year 2000.
``(b) Reservations.--From each of the amounts appropriated under
subsection (a) for a fiscal year, the Secretary--
``(1) shall reserve 1.5 percent to carry out section
2257(a);
``(2) shall reserve $5,000,000 to carry out section 2258;
and
``(3) shall reserve $10,000,000 to carry out section
1202(c).
``(c) Sunset.--Notwithstanding section 422(a) of the General
Education Provisions Act, this part is not subject to extension under
such section.''.
(b) Conforming Amendments.--
(1) Authorization of appropriations.--Section 2003 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6603)
is amended--
(A) in subsection (a), by striking ``title,'' and
inserting ``title (other than part C),''; and
(B) in subsection (b)(3), by striking ``part C'' and
inserting ``part D''.
(2) Priority for professional development in mathematics and
science.--Section 2206 of the Elementary and
[[Page 112 STAT. 2681-407]]
Secondary Education Act of 1965 (20 U.S.C. 6646) is amended by
inserting ``(other than part C)'' after ``for this title'' each
place such term appears.
(3) Reporting and accountability.--Section 2401 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6701)
is amended by striking ``under this part'' each place such term
appears and inserting ``under this title (other than part C)''.
(4) Definitions.--Section 2402 of the Elementary and
Secondary Education <<NOTE: 20 USC 6702.>> Act of 1965 (20
U.S.C. 6701) is amended by striking ``this part--'' and
inserting ``this title (other than part C)--''.
(5) General definitions.--Section 14101(10)(C) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
8801(10)(C)) is amended by striking ``part C'' and inserting
``part D''.
(6) Participation by private school children and teachers.--
Section 14503(b)(1)(B) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 8893(b)(1)(B)) is amended by striking
``part C'' and inserting ``part D''.
SUBTITLE II--AMENDMENTS TO EVEN START FAMILY LITERACY PROGRAMS
SEC. 201. RESERVATION FOR GRANTS.
Section 1202(c) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6362(c)) is amended to read as follows:
``(c) Reservation for Grants.--
``(1) Grants authorized.--From funds reserved under section
2260(b)(3), the Secretary shall award grants, on a competitive
basis, to States to enable such States to plan and implement
statewide family literacy initiatives to coordinate and, where
appropriate, integrate existing Federal, State, and local
literacy resources consistent with the purposes of this part.
Such coordination and integration shall include funds available
under the Adult Education and Family Literacy Act, the Head
Start Act, this part, part A of this title, and part A of title
IV of the Social Security Act.
``(2) Consortia.--
``(A) Establishment.--To receive a grant under this
subsection, a State shall establish a consortium of
State-level programs under the following laws:
``(i) This title (other than part D).
``(ii) The Head Start Act.
``(iii) The Adult Education and Family
Literacy Act.
``(iv) All other State-funded preschool
programs and programs providing literacy services
to adults.
``(B) Plan.--To receive a grant under this
subsection, the consortium established by a State shall
create a plan to use a portion of the State's resources,
derived from the programs referred to in subparagraph
(A), to strengthen and expand family literacy services
in such State.
``(C) Coordination with part c of title ii.--The
consortium shall coordinate its activities with the
activities of the reading and literacy partnership for
the State
[[Page 112 STAT. 2681-408]]
established under section 2253(d), if the State
educational agency receives a grant under section 2253.
``(3) Reading instruction.--Statewide family literacy
initiatives implemented under this subsection shall base reading
instruction on scientifically based reading research (as such
term is defined in section 2252).
``(4) Technical assistance.--The Secretary shall provide,
directly or through a grant or contract with an organization
with experience in the development and operation of successful
family literacy services, technical assistance to States
receiving a grant under this subsection.
``(5) Matching requirement.--The Secretary shall not make a
grant to a State under this subsection unless the State agrees
that, with respect to the costs to be incurred by the eligible
consortium in carrying out the activities for which the grant
was awarded, the State will make available non-Federal
contributions in an amount equal to not less than the Federal
funds provided under the grant.''.
SEC. 202. DEFINITIONS.
Section 1202(e) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6362(e)) is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(2) by inserting after paragraph (2) the following:
``(3) the term `family literacy services' means services
provided to participants on a voluntary basis that are of
sufficient intensity in terms of hours, and of sufficient
duration, to make sustainable changes in a family, and that
integrate all of the following activities:
``(A) Interactive literacy activities between
parents and their children.
``(B) Training for parents regarding how to be the
primary teacher for their children and full partners in
the education of their children.
``(C) Parent literacy training that leads to
economic self-sufficiency.
``(D) An age-appropriate education to prepare
children for success in school and life experiences.
SEC. 203. EVALUATION.
Section 1209 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6369) is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) to provide States and eligible entities receiving a
subgrant under this part, directly or through a grant or
contract with an organization with experience in the development
and operation of successful family literacy services, technical
assistance to ensure local evaluations undertaken under section
1205(10) provide accurate information on the effectiveness of
programs assisted under this part.''.
SEC. 204. INDICATORS OF PROGRAM QUALITY.
(a) In General.--The Elementary and Secondary Education Act of 1965
is amended--
[[Page 112 STAT. 2681-409]]
<<NOTE: 20 USC 6370.>> (1) by redesignating section 1210 as
section 1212; and
(2) by inserting after section 1209 the following:
<<NOTE: 20 USC 6369a.>> ``SEC. 1210. INDICATORS OF PROGRAM QUALITY.
``Each State receiving funds under this part shall develop, based on
the best available research and evaluation data, indicators of program
quality for programs assisted under this part. Such indicators shall be
used to monitor, evaluate, and improve such programs within the State.
Such indicators shall include the following:
``(1) With respect to eligible participants in a program who
are adults--
``(A) achievement in the areas of reading, writing,
English language acquisition, problem solving, and
numeracy;
``(B) receipt of a high school diploma or a general
equivalency diploma;
``(C) entry into a postsecondary school, job
retraining program, or employment or career advancement,
including the military; and
``(D) such other indicators as the State may
develop.
``(2) With respect to eligible participants in a program who
are children--
``(A) improvement in ability to read on grade level
or reading readiness;
``(B) school attendance;
``(C) grade retention and promotion; and
``(D) such other indicators as the State may
develop.''.
(b) State Level Activities.--Section 1203(a) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6363(a)) is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) carrying out section 1210.''.
(c) Award of Subgrants.--Paragraphs (3) and (4) of section 1208(b)
of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6368)
are amended to read as follows:
``(3) Continuing eligibility.--In awarding subgrant funds to
continue a program under this part for the second, third, or
fourth year, the State educational agency shall evaluate the
program based on the indicators of program quality developed by
the State under section 1210. Such evaluation shall take place
after the conclusion of the startup period, if any.
``(4) Insufficient progress.--The State educational agency
may refuse to award subgrant funds if such agency finds that the
eligible entity has not sufficiently improved the performance of
the program, as evaluated based on the indicators of program
quality developed by the State under section 1210, after--
``(A) providing technical assistance to the eligible
entity; and
``(B) affording the eligible entity notice and an
opportunity for a hearing.''.
[[Page 112 STAT. 2681-410]]
SEC. 205. RESEARCH.
The Elementary and Secondary Education Act of 1965, as amended by
section 204 of this Act, is further amended by inserting after section
1210 the following:
``SEC. 1211. <<NOTE: 20 USC 6369b.>> RESEARCH.
``(a) In General.--The Secretary shall carry out, through grant or
contract, research into the components of successful family literacy
services, to use--
``(1) to improve the quality of existing programs assisted
under this part or other family literacy programs carried out
under this Act or the Adult Education and Family Literacy Act;
and
``(2) to develop models for new programs to be carried out
under this Act or the Adult Education and Family Literacy Act.
``(b) Dissemination.--The National Institute for Literacy shall
disseminate, pursuant to section 2258, the results of the research
described in subsection (a) to States and recipients of subgrants under
this part.''.
SUBTITLE III--REPEALS
SEC. 301. REPEAL OF CERTAIN UNFUNDED EDUCATION PROGRAMS.
(a) Community School Partnerships.--The Community School Partnership
Act (contained in part B of title V of the Improving America's Schools
Act of 1994 (20 U.S.C. 1070 note) is repealed.
(b) Educational Research, Development, Dissemination, and
Improvement Act of 1994.--Section 941(j) of the Educational Research,
Development, Dissemination, and Improvement Act of 1994 (20 U.S.C.
6041(j)) is repealed.
(c) Elementary and Secondary Education Act of 1965.--The following
provisions are repealed:
(1) Innovative elementary school transition projects.--
Section 1503 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6493).
(2) De lugo territorial education improvement program.--Part
H of title X of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 8221 et seq.).
(3) Extended time for learning and longer school year.--Part
L of title X of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 8351).
(4) Territorial assistance.--Part M of title X of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 8371).
(d) Family and Community Endeavor Schools.--The Family and Community
Endeavor Schools Act (42 U.S.C. 13792) is repealed.
(e) Goals 2000: Educate America Act.--Subsections (b) and (d)(1) of
section 601 of the Goals 2000: Educate America Act (20 U.S.C. 5951) are
repealed.
[[Page 112 STAT. 2681-411]]
SUBTITLE IV--TECHNICAL AND CONFORMING AMENDMENTS
SEC. 401. TECHNICAL AMENDMENTS TO THE WORKFORCE INVESTMENT ACT OF 1998.
(1) <<NOTE: 29 USC 2821.>> Section 111(c) of the Workforce
Investment Act of 1998 is amended by striking ``Chairman'' and
inserting ``Chairperson''.
(2) <<NOTE: 29 USC 2822.>> Section 112(c)(1) of such Act is
amended by striking ``; and'' and inserting ``; or''.
(3) <<NOTE: 29 USC 2831.>> Section 116(a)(3)(D)(ii)(I)(aa)
of such Act is amended by striking ``; or'' and inserting ``;
and''.
<<NOTE: 29 USC 2832.>> (4) Section 117 of such Act is
amended--
(A) in subsection (f)(1)(D), by striking ``State''
and inserting ``Governor''; and
(B) in subsection (i)(1)(D)(ii), by striking
subclause (II), and inserting the following:
``(II) other representatives of employees in
the local area (for a local area in which no
employees are represented by such
organizations).''.
<<NOTE: 29 USC 2864.>> (5) Section 134(d)(4)(F) of such Act
is amended by adding at the end the following:
``(iii) Individual training accounts.--An
individual who seeks training services and who is
eligible pursuant to subparagraph (A), may, in
consultation with a case manager, select an
eligible provider of training services from the
list or identifying information for providers
described in clause (ii)(I). Upon such selection,
the one-stop operator involved shall, to the
extent practicable, refer such individual to the
eligible provider of training services, and
arrange for payment for such services through an
individual training account.''.
<<NOTE: 29 USC 2899.>> (6) Section 159 of such Act is
amended--
(A) in subsections (c)(1)(G) and (d)(4), by striking
``post-secondary'' and inserting ``postsecondary''; and
(B) in subsection (c)(3), by striking ``containing''
and inserting ``containing,''.
(7) <<NOTE: 29 USC 2911.>> Section 166(h)(3)(A) of such Act
is amended by striking ``paragraph (2)'' and inserting
``subparagraph (B)''.
<<NOTE: 29 USC 2912.>> (8) Section 167(d) of such Act is
amended by inserting ``and section 127(b)(1)(A)(iii)'' after
``this section''.
<<NOTE: 29 USC 2915.>> (9) Section 170(a)(1) of such Act is
amended by striking ``carry out'' and inserting ``carrying
out''.
(10) Section 170(b)(2) of such Act is amended by striking
``174(b)'' and inserting ``173(b)''.
<<NOTE: 29 USC 2916.>> (11) Section 171(b)(2) of such Act
is amended by striking ``only on a competitive'' and all that
follows through the period and inserting ``in accordance with
generally applicable Federal requirements.''.
<<NOTE: 29 USC 2918.>> (12) Section 173(a)(2) of such Act
is amended by striking ``the Robert'' and inserting ``The
Robert''.
<<NOTE: 29 USC 2939.>> (13) Section 189(i)(1) of such Act
is amended by striking ``1997 (Public Law 104-208; 110 Stat.
3009-234)'' and inserting ``1998 (Public Law 105-78; 111 Stat.
1467).
<<NOTE: 29 USC 2942.>> (14) Paragraphs (2) and (3) of
section 192(a) of such Act are amended by striking ``), to'' and
inserting ``) to''.
[[Page 112 STAT. 2681-412]]
<<NOTE: 29 USC 2701 note.>> (15) Section 334(b) of such Act
is amended by striking paragraph (2) and inserting the
following:
``(2) Date.--The appointments of the members of the
Commission shall be made by February 1, 1999.''.
(16) <<NOTE: 29 USC 760-765.>> Section 405 of such Act is
amended by striking ``et seq.),'' and inserting ``et seq.)''.
<<NOTE: 20 USC 9271.>> (17) Section 501(b)(1) of such Act
is amended by adding at the end the following: ``For purposes of
this paragraph, the activities and programs described in
subparagraphs (A) and (B) of paragraph (2) shall not be
considered to be 2 or more activities or programs for purposes
of the unified plan. Such activities or programs shall be
considered to be 1 activity or program.''.
<<NOTE: 20 USC 9275.>> (18) Section 505 of such Act is
amended--
(A) in subsection (a), by striking ``in this Act''
and inserting ``under title I, II, or III or this
title''; and
(B) in subsection (b), by striking ``under this
Act'' each place it appears and inserting ``under title
I, II, or III or this title''.
<<NOTE: 20 USC 9276.>> (19) Section 506(d) of such Act is
amended--
(A) in paragraph (1), by striking ``subsection (b)''
and inserting ``subsection (c)''; and
(B) in paragraph (2)--
(i) by inserting ``planning authorized under''
after ``carry out'' each place that such appears;
and
(ii) by striking ``the purposes'' and
inserting ``the planning purposes''.
SEC. 402. TECHNICAL AMENDMENTS TO THE REHABILITATION ACT OF 1973.
(a) Redesignation.--
(1) The Rehabilitation Act of 1973 <<NOTE: 29 USC 705-
718.>> (as amended by title IV of the Workforce Investment Act
of 1998) is further amended by redesignating sections 6 through
19 as sections 7, 8, and 10 through 21, respectively.
(2) The table of contents for the Rehabilitation Act of 1973
(as amended by section 403 of the Workforce Investment Act of
1998) is further amended by striking the items relating to
sections 6 through 19 and inserting the following:
``Sec. 7. Definitions.
``Sec. 8. Allotment percentage.
``Sec. 10. Nonduplication.
``Sec. 11. Application of other laws.
``Sec. 12. Administration of the Act.
``Sec. 13. Reports.
``Sec. 14. Evaluation.
``Sec. 15. Information clearinghouse.
``Sec. 16. Transfer of funds.
``Sec. 17. State administration.
``Sec. 18. Review of applications.
``Sec. 19. Carryover.
``Sec. 20. Client assistance information.
``Sec. 21. Traditionally underserved populations.''.
(b) Section Headings.--
(1) Section 1 of such Act (as so amended) is further amended
by striking the section heading and all that <<NOTE: 29 USC 701
note.>> follows through ``Short Title.--'' and inserting the
following:
``SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
``(a) Short Title.--''.
[[Page 112 STAT. 2681-413]]
<<NOTE: 29 USC 701.>> (2) Section 2 of such Act (as so
amended) is further amended by striking the section heading and
all that follows through ``Findings.--'' and inserting the
following:
``SEC. 2. FINDINGS; PURPOSE; POLICY.
``(a) Findings.--''.
<<NOTE: 29 USC 705.>> (3) Section 7 of such Act (as so
amended and redesignated in subsection (a)) is further amended
by striking the section heading and all that follows through
``(1) The term'' and inserting the following:
``SEC. 7. DEFINITIONS.
``For the purposes of this Act:
``(1) Administrative costs.--The term''.
<<NOTE: 29 USC 716.>> (4) Section 19 of such Act (as so
amended and redesignated in subsection (a)) is further amended
by striking the section heading and all that follows through
``In General.--'' and inserting the following:
``SEC. 19. CARRYOVER.
``(a) In General.--''.
<<NOTE: 29 USC 717.>> (5) Section 20 of such Act (as so
amended and redesignated in subsection (a)) is further amended
by striking the section heading and all that follows through
``All'' and inserting the following:
``SEC. 20. CLIENT ASSISTANCE INFORMATION.
``All''.
(6) <<NOTE: 29 USC 718.>> Section 21 of such Act (as so
amended and redesignated in subsection (a)) is further amended
by striking the section heading and all that follows through
``Findings.--'' and inserting the following:
``SEC. 21. TRADITIONALLY UNDERSERVED POPULATIONS.
``(a) Findings.--''.
<<NOTE: 29 USC 730. ``state allotments>> (7) Section 110 of
such Act (as so amended) is further amended by striking the
section heading and all that follows through ``(a)(1) Subject''
and inserting the following:
``Sec. 110. (a)(1) Subject''.
<<NOTE: 29 USC 731. ``payments to states>> (8) Section 111
of such Act (as so amended) is further amended by striking the
section heading and all that follows through ``(a)(1) Except''
and inserting the following:
``Sec. 111. (a)(1) Except''.
<<NOTE: 29 USC 732. ``client assistance program>> (9)
Section 112 of such Act (as so amended) is further amended by
striking the section heading and all that follows through ``(a)
From'' and inserting the following:
``Sec. 112. (a) From''.
<<NOTE: 29 USC 741. ``vocational rehabilitation services
grants>> (10) Section 121 of such Act (as so amended) is further
amended by striking the section heading and all that follows
through ``(a) The'' and inserting the following:
[[Page 112 STAT. 2681-414]]
``Sec. 121. (a) The''.
(11) Section 205 of such Act (as so amended) is further
amended <<NOTE: 29 USC 765.>> by striking the section heading
and all that follows through ``Establishment.--'' and inserting
the following:
``SEC. 205. REHABILITATION RESEARCH ADVISORY COUNCIL.
``(a) Establishment.--''.
(12) Section 621 of such Act (as so amended) is further
amended <<NOTE: 29 USC 795g.>> by striking the section heading
and all that follows through ``It'' and inserting the following:
``SEC. 621. PURPOSE.
``It''.
(13) Section 622 of such Act (as so amended) is further
amended <<NOTE: 29 USC 795h.>> by striking the section heading
and all that follows through ``In General.--'' and inserting the
following:
``SEC. 622. ALLOTMENTS.
``(a) In General.--''.
(14) Section 623 of such Act (as so amended) is further
amended <<NOTE: 29 USC 795i.>> by striking the section heading
and all that follows through ``Funds provided under this part
may'' and inserting the following:
``SEC. 623. AVAILABILITY OF SERVICES.
``Funds provided under this part may''.
(15) Section 624 of such Act (as so amended) is further
amended <<NOTE: 29 USC 795j.>> by striking the section heading
and all that follows through ``An'' and inserting the following:
``SEC. 624. ELIGIBILITY.
``An''.
(16) Section 625 of such Act (as so amended) is further
amended <<NOTE: 29 USC 795k.>> by striking the section heading
and all that follows through ``State Plan Supplements.--'' and
inserting the following:
``SEC. 625. STATE PLAN.
``(a) State Plan Supplements.--''.
(17) Section 626 of such Act (as so amended) is further
amended <<NOTE: 29 USC 795l.>> by striking the section heading
and all that follows through ``Each'' and inserting the
following:
``SEC. 626. RESTRICTION.
``Each''.
(18) Section 627 of such Act (as so amended) is further
amended <<NOTE: 29 USC 795m.>> by striking the section heading
and all that follows through ``Supported Employment Services.--
'' and inserting the following:
``SEC. 627. SAVINGS PROVISION.
``(a) Supported Employment Services.--''.
(19) Section 628 of such Act (as so amended) is further
amended <<NOTE: 29 USC 795n.>> by striking the section heading
and all that follows through ``There'' and inserting the
following:
``SEC. 628. AUTHORIZATION OF APPROPRIATIONS.
``There''.
[[Page 112 STAT. 2681-415]]
(c) Other Amendments.--
(1) Section 7 of such Act (as so amended and redesignated in
subsection <<NOTE: 29 USC 705.>> (a)) is further amended--
(A) in paragraph (2)(B), by striking ``objectives,
nature,'' and inserting ``nature'';
(B) by striking paragraph (7);
(C) in paragraph (16)(A)(iii), by striking
``client'' and inserting ``eligible individual''; and
(D) in paragraph (36)(C), by striking
``rehabilitation objectives'' and inserting ``employment
outcome''.
(2) Section 10 of such Act (as so amended and redesignated
in subsection <<NOTE: 29 USC 707.>> (a)) is further amended--
(A) by striking ``disregarded: (1)'' and inserting
the following: ``disregarded--
``(1)'';
(B) by striking ``(2)'' and inserting the following:
``(2)''; and
(C) by striking ``No payment'' and inserting the
following:
``No payment''.
(3) The second and third sentences of section 21(a)(3) of
such Act (as so amended and redesignated in subsection (a)) are
further amended <<NOTE: 29 USC 718.>> by striking ``are'' and
inserting ``is''.
(4) Section 101(a) of such Act (as so amended) is further
amended-- <<NOTE: 29 USC 721.>>
(A) in paragraph (18)(C), by striking ``will be
utilized'' and inserting ``were utilized during the
preceding year''; and
(B) in paragraph (21)(A)(i)(II)(bb), by striking
``Commission'' and inserting ``commission''.
(5) Section 102(c)(5)(F) (as so amended) is further
amended-- <<NOTE: 29 USC 722.>>
(A) in clause (ii), by striking ``and'' at the end
thereof;
(B) in clause (iii), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(iv) not delegate the responsibility for
making the final decision to any officer or
employee of the designated State unit.''.
(6) Section 105(b) of such Act (as so amended) is further
amended-- <<NOTE: 29 USC 725.>>
(A) in paragraph (3)--
(i) by striking ``Governor'' the first place
it appears and inserting ``Governor or, in the
case of a State that, under State law, vests
authority for the administration of the activities
carried out under this Act in an entity other than
the Governor (such as one or more houses of the
State legislature or an independent board), the
chief officer of that entity''; and
(ii) in the second and third sentences, by
striking ``Governor'' and inserting ``appointing
authority'';
(B) in paragraph (4)(A)(i), by striking ``section
7(20)(A)'' and inserting ``section 7(20)(B)'';
(C) in paragraph (5)(B)--
(i) in the subparagraph heading, by striking
``governor'' and inserting ``chief executive
officer''; and
[[Page 112 STAT. 2681-416]]
(ii) by striking ``Governor shall'' and
inserting ``appointing authority described in
paragraph (3) shall''; and
(D) in paragraphs (6)(A)(ii) and (7)(B), by striking
``Governor'' and inserting ``appointing authority
described in paragraph (3)''.
(7) Section 705(b) of such Act (as so amended) is further
amended-- <<NOTE: 29 USC 769d.>>
(A) in paragraph (1)--
(i) by striking ``Governor'' the first place
it appears and inserting ``Governor or, in the
case of a State that, under State law, vests
authority for the administration of the activities
carried out under this Act in an entity other than
the Governor (such as one or more houses of the
State legislature or an independent board), the
chief officer of that entity''; and
(ii) in the second sentence, by striking
``Governor'' and inserting ``appointing
authority'';
(B) in paragraph (5)(B)--
(i) in the subparagraph heading, by striking
``governor'' and inserting ``chief executive
officer''; and
(ii) by striking ``Governor shall'' and
inserting ``appointing authority described in
paragraph (3) shall''; and
(C) in paragraphs (6)(A)(ii) and (7)(B), by striking
``Governor'' and inserting ``appointing authority
described in paragraph (3)''.
SEC. 403. TECHNICAL AMENDMENTS TO OTHER ACTS.
(a) Wagner-Peyser Act.--
(1) In general.--Section 15 of the Wagner-Peyser Act (as
added by section 309 of the Workforce Investment Act of 1998)
is <<NOTE: 29 USC 49l-2.>> amended--
(A) in subsection (a)(2)(A)(i), by striking ``of
this section'' the second place it appears; and
(B) in subsection (e)(2)(G), by striking
``complementary'' and inserting ``complementarity''.
(2) <<NOTE: 29 USC 49l-2 note.>> Effective date.--The
amendments made by paragraph (1) take effect on July 2, 1999.
(b) Older Americans Act of 1965.--Subparagraph (Q) of section
502(b)(1) of the Older Americans Act of 1965 (42 U.S.C. 3056(b)(1)) (as
added by section 323 of the Workforce Investment Act of 1998) is amended
by aligning the margins of the subparagraph with the margins of
subparagraph (P) of such section.
SEC. 404. TECHNICAL AMENDMENTS REGARDING ADULT EDUCATION.
(a) References to Title.--The matter preceding paragraph (1) of
section 203, and sections 204 and 205, of the Adult Education and Family
Literacy Act (20 U.S.C. 9202, 9203, and 9204) are each amended by
striking ``this subtitle'' and inserting ``this title''.
(b) Qualifying Adult.--Section 211(d)(1) of the Adult Education and
Family Literacy Act (20 U.S.C. 9211(d)(1)) is amended by striking ``,
but less than 61 years of age''.
(c) Levels of Performance.--Section 212(b)(3)(A)(vi) of the Adult
Education and Family Literacy Act (20 U.S.C. 9212(b)(3)(A)(vi)) is
amended by striking ``136(j)'' and inserting ``136(i)(1)''.
[[Page 112 STAT. 2681-417]]
(d) Corrections Education.--Section 225(a) of the Adult Education
and Family Literacy Act (20 U.S.C. 9225) is amended--
(1) in subsection (a), by striking ``or education'' and
inserting ``and education''; and
(2) in subsection (c), by striking ``with'' and inserting
``within''.
(e) National Leadership Activities.--Section 243(2)(B) of the Adult
Education and Family Literacy Act (20 U.S.C. 9253(2)(B)) is amended by
striking ``qualify'' and inserting ``quality''.
(f) Incentive Grants.--Section 503(a) of the Workforce Investment
Act of 1998 (20 U.S.C. 9273(a)) is amended by striking ``expected'' and
inserting ``adjusted''.
SEC. 405. CONFORMING AMENDMENTS.
(a) References to Section 204 of the Immigration Reform and Control
Act of 1986.--The table of contents for the Immigration Reform and
Control Act of 1986 is amended by striking the item relating to section
204 of such Act.
(b) References to Title II of Public Law 95-250.--Section 103 of
Public Law 95-250 (16 U.S.C. 79l) is amended--
(1) by striking the second sentence of subsection (a); and
(2) by striking the second sentence of subsection (b).
(c) References to Subtitle C of Title VII of the Stewart B. McKinney
Homeless Assistance Act.--
(1) Table of contents relating to subtitle c of title vii.--
The table of contents of the Stewart B. McKinney Homeless
Assistance Act (42 U.S.C. 11421 et seq.) is amended by striking
the
items relating to sections 731 through 737, and sections 739 through
741, of such Act.
(2) Title vii.--Title VII of such Act is amended by
inserting before section 738 the following:
``Subtitle C--Job Training for the Homeless''.
(3) Title 31, united states code.--Section 6703(a) of title
31, United States Code, is amended--
(A) by striking paragraph (15); and
(B) by redesignating paragraphs (16) through (19) as
paragraphs (15) through (18), respectively.
(d) References to Job Training Partnership Act Prior To Repeal.--
(1) Title 5, united states code.--Section 3502(d) of title
5, United States Code, is amended--
(A) in paragraph (3)--
(i) in subparagraph (A), by striking clause
(i) and inserting the following:
``(i) the appropriate State dislocated worker unit
or office (referred to in section 311(b)(2) of the Job
Training Partnership Act), or the State or entity
designated by the State to carry out rapid response
activities under section 134(a)(2)(A) of the Workforce
Investment Act of 1998; and''; and
(ii) in subparagraph (B)(iii), by striking
``other services under the Job Training
Partnership Act'' and inserting ``other services
under the Job Training Partnership Act or under
title I of the Workforce Investment Act of 1998'';
and
[[Page 112 STAT. 2681-418]]
(B) in paragraph (4), in the second sentence, by
striking ``Secretary of Labor on matters relating to the
Job Training Partnership Act'' and inserting ``Secretary
of Labor on matters relating to the Job Training
Partnership Act or title I of the Workforce Investment
Act of 1998''.
(2) Food stamp act of 1977.--
(A) Section 5.--Section 5(l) of the Food Stamp Act
of 1977 (7 U.S.C. 2014(l)) is amended by striking
``Notwithstanding section 142(b) of the Job Training
Partnership Act (29 U.S.C. 1552(b)), earnings to
individuals participating in on-the-job training
programs under section 204(b)(1)(C) or section
264(c)(1)(A) of the Job Training Partnership Act'' and
inserting ``Notwithstanding section 142(b) of the Job
Training Partnership Act or section 181(a)(2) of the
Workforce Investment Act of 1998, earnings to
individuals participating in on-the-job training
programs under section 204(b)(1)(C) or 264(c)(1)(A) of
the Job Training Partnership Act or in on-the-job
training under title I of the Workforce Investment Act
of 1998''.
(B) Section 6.--Section 6 of the Food Stamp Act of
1977 (7 U.S.C. 2015) is amended--
(i) in subsection (d)(4)(M), by striking ``the
State public employment offices and agencies
operating programs under the Job Training
Partnership Act'' and inserting ``the State public
employment offices and agencies operating programs
under the Job Training Partnership Act or of the
State public employment offices and other State
agencies and providers carrying out activities
under title I of the Workforce Investment Act of
1998'';
(ii) in subsection (e)(3), by striking
subparagraph (A) and inserting the following:
``(A) a program under the Job Training Partnership
Act or title I of the Workforce Investment Act of
1998;''; and
(iii) in subsection (o)(1)(A), by striking
``Job Training Partnership Act (29 U.S.C. 1501 et
seq.)'' and inserting ``Job Training Partnership
Act or title I of the Workforce Investment Act of
1998''.
(C) Section 17.--The second sentence of section
17(b)(2) of the Food Stamp Act of 1977 (7 U.S.C.
2026(b)(2)) is amended--
(i) by striking ``to accept an offer of
employment from a political subdivision or a prime
sponsor pursuant to the Comprehensive Employment
and Training Act of 1973, as amended (29 U.S.C.
812),'' and inserting ``to accept an offer of
employment from a political subdivision or
provider pursuant to a program carried out under
the Job Training Partnership Act or title I of the
Workforce Investment Act of 1998,''; and
(ii) by striking ``: Provided, That all of the
political subdivision's'' and all that follows and
inserting ``, if all of the jobs supported under
the program have been made available to
participants in the program before the political
subdivision or provider providing the jobs extends
an offer of employment under this paragraph, and
if the political subdivision or provider, in
[[Page 112 STAT. 2681-419]]
employing the person, complies with the
requirements of Federal law that relate to the
program.''.
(3) Personal responsibility and work opportunity
reconciliation act of 1996.--
(A) Section 403(c)(2)(K) of the Personal
Responsibility and Work Opportunity Reconciliation Act
of 1996 (8 U.S.C. 1613(c)(2)(K)) is amended by striking
``Job Training Partnership Act'' and inserting ``Job
Training Partnership Act or title I of the Workforce
Investment Act of 1998''.
(B) Section 423(d)(11) of the Personal
Responsibility and Work Opportunity Reconciliation Act
of 1996 (8 U.S.C. 1183a note) is amended by striking
``Job Training Partnership Act'' and inserting ``Job
Training Partnership Act or title I of the Workforce
Investment Act of 1998''.
(4) Immigration and nationality act.--Section 245A(h)(4)(F)
of the Immigration and Nationality Act (8 U.S.C. 1255a(h)(4)(F))
is amended by striking ``The Job Training Partnership Act.'' and
inserting ``The Job Training Partnership Act or title I of the
Workforce Investment Act of 1998.''.
(5) Refugee education assistance act of 1980.--Section
402(a)(4) of the Refugee Education Assistance Act of 1980 (8
U.S.C. 1522 note) is amended by striking ``the Comprehensive
Employment and Training Act of 1973'' and inserting ``the Job
Training Partnership Act or title I of the Workforce Investment
Act of 1998''.
(6) National defense authorization act for fiscal year
1991.--Section 4003(5)(C) of the National Defense Authorization
Act for Fiscal Year 1991 (10 U.S.C. 2391 note) is amended by
inserting before the period the following: ``, as in effect on
the day before the date of enactment of the Workforce Investment
Act of 1998''.
(7) National defense authorization act for fiscal year
1993.--
(A) Section 3161.--Section 3161(c)(6) of the
National Defense Authorization Act for Fiscal Year 1993
(42 U.S.C. 7274h(c)(6)) is amended by striking
subparagraph (A) and inserting the following:
``(A) programs carried out by the Secretary of Labor
under the Job Training Partnership Act or title I of the
Workforce Investment Act of 1998;''.
(B) Section 4461.--Section 4461(1) of the National
Defense Authorization Act for Fiscal Year 1993 (10
U.S.C. 1143 note) is amended by striking ``The Job
Training Partnership Act (29 U.S.C. 1501 et seq.).'' and
inserting ``The Job Training Partnership Act or title I
of the Workforce Investment Act of 1998.''.
(C) Section 4471.--Section 4471 of the National
Defense Authorization Act for Fiscal Year 1993 (10
U.S.C. 2501 note) is amended--
(i) in subsection (c)(2), by striking ``the
State dislocated'' and all that follows through
``and the chief'' and inserting ``the State
dislocated worker unit or office referred to in
section 311(b)(2) of the Job Training Partnership
Act, or the State or entity designated by the
State to carry out rapid response activities under
section 134(a)(2)(A) of the Workforce Investment
Act of 1998, and the chief'';
[[Page 112 STAT. 2681-420]]
(ii) in subsection (d)--
(I) in the first sentence, by
striking ``for training, adjustment
assistance, and employment services''
and all that follows through ``except
where'' and inserting ``for training,
adjustment assistance, and employment
services under section 325 or 325A of
the Job Training Partnership Act or to
participate in employment and training
activities carried out under title I of
the Workforce Investment Act of 1998,
except in a case in which''; and
(II) by striking the second
sentence; and
(iii) in subsection (e), by striking ``for
training,'' and all that follows through
``beginning'' and inserting ``, on the basis of
any related reduction in funding under the
contract, for training, adjustment assistance, and
employment services under section 325 or 325A of
the Job Training Partnership Act or to participate
in employment and training activities under title
I of the Workforce Investment Act of 1998,
beginning''.
(D) Section 4492.--Section 4492(b) of the National
Defense Authorization Act for Fiscal Year 1993 (10
U.S.C. 1143 note) is amended by striking ``the Job
Training Partnership Act'' and inserting ``the Job
Training Partnership Act or title I of the Workforce
Investment Act of 1998''.
(8) National defense authorization act for fiscal year
1994.--Section 1333(c)(2)(B) of the National Defense
Authorization Act for Fiscal Year 1994 (10 U.S.C. 2701 note) is
amended by striking ``Private industry councils (as described in
section 102 of the Job Training Partnership Act (29 U.S.C.
1512)).'' and inserting ``Private industry councils as described
in section 102 of the Job Training Partnership Act or local
workforce investment boards established under section 117 of the
Workforce Investment Act of 1998.''.
(9) National defense authorization act for fiscal year
1998.--Section 2824(c)(5) of the National Defense Authorization
Act for Fiscal Year 1998 (10 U.S.C. 2687 note) is amended by
striking ``Job Training Partnership Act'' and inserting ``Job
Training Partnership Act or title I of the Workforce Investment
Act of 1998''.
(10) Small business act.--The fourth sentence of section
7(j)(13)(E) of the Small Business Act (15 U.S.C. 636(j)(13)(E))
is amended by striking ``the Job Training Partnership Act (29
U.S.C. 1501 et seq.)'' and inserting ``the Job Training
Partnership Act or title I of the Workforce Investment Act of
1998''.
(11) Employment act of 1946.--Section 4(f)(2)(B) of the
Employment Act of 1946 (15 U.S.C. 1022a(f)(2)(B)) is amended by
striking ``and include these in the annual Employment and
Training Report of the President required under section 705(a)
of the Comprehensive Employment and Training Act of 1973
(hereinafter in this Act referred to as `CETA')'' and inserting
``and prepare and submit to the President an annual report
containing the recommendations''.
(12) Full employment and balanced growth act of 1978.--
[[Page 112 STAT. 2681-421]]
(A) Section 206.--Section 206 of the Full Employment
and Balanced Growth Act of 1978 (15 U.S.C. 3116) is
amended--
(i) in subsection (b)--
(I) in the matter preceding
paragraph (1), by striking ``CETA'' and
inserting ``the Job Training Partnership
Act and title I of the Workforce
Investment Act of 1998''; and
(II) in paragraph (1), by striking
``(including use of section 110 of CETA
when necessary)''; and
(ii) in subsection (c)(1), by striking
``CETA'' and inserting ``activities carried out
under the Job Training Partnership Act or title I
of the Workforce Investment Act of 1998''.
(B) Section 401.--Section 401(d) of the Full
Employment and Balanced Growth Act of 1978 (15 U.S.C.
3151(d)) is amended by striking ``include, in the annual
Employment and Training Report of the President provided
under section 705(a) of CETA,'' and inserting ``include,
in the annual report referred to in section 4(f)(2)(B)
of the Employment Act of 1946 (15 U.S.C.
1022a(f)(2)(B)),''.
(13) Title 18, united states code.--Subsections (a), (b),
and (c) of section 665 of title 18, United States Code are
amended by striking ``the Comprehensive Employment and Training
Act or the Job Training Partnership Act'' and inserting ``the
Job Training Partnership Act or title I of the Workforce
Investment Act of 1998''.
(14) Trade act of 1974.--
(A) Section 236.--Section 236(a)(5)(B) of the Trade
Act of 1974 (19 U.S.C. 2296(a)(5)(B)) is amended by
striking ``section 303 of the Job Training Partnership
Act'' and inserting ``section 303 of the Job Training
Partnership Act or title I of the Workforce Investment
Act of 1998''.
(B) Section 239.--Section 239(e) of the Trade Act of
1974 (19 U.S.C. 2311(e)) is amended by striking ``under
title III of the Job Training Partnership Act'' and
inserting ``under title III of the Job Training
Partnership Act or title I of the Workforce Investment
Act of 1998''.
(15) Higher education act of 1965.--
(A) Section 418a.--Subsections (b)(1)(B)(ii) and
(c)(1)(A) of section 418A of the Higher Education Act of
1965 (20 U.S.C. 1070d-2) are amended by striking
``section 402 of the Job Training Partnership Act'' and
inserting ``section 402 of the Job Training Partnership
Act or section 167 of the Workforce Investment Act of
1998''.
(B) Section 480.--Section 480(b)(14) of the Higher
Education Act of 1965 (20 U.S.C. 1087vv(b)(14)) is
amended by striking ``Job Training Partnership Act
noneducational benefits'' and inserting ``Job Training
Partnership Act noneducational benefits or benefits
received through participation in employment and
training activities under title I of the Workforce
Investment Act of 1998''.
(16) Department of education organization act.--Subsection
(a) of section 302 of the Department of Education Organization
Act (20 U.S.C. 3443(a)) is amended by striking ``under section
303(c)(2) of the Comprehensive Employment and Training Act'' and
inserting ``relating to such education''.
[[Page 112 STAT. 2681-422]]
(17) National skill standards act of 1994.--
(A) Section 504.--Section 504(c)(3) of the National
Skill Standards Act of 1994 (20 U.S.C. 5934(c)(3)) is
amended by striking ``the Capacity Building and
Information and Dissemination Network established under
section 453(b) of the Job Training Partnership Act (29
U.S.C. 1733(b)) and''.
(B) Section 508.--Section 508(1) of the National
Skill Standards Act of 1994 (20 U.S.C. 5938(1)) is
amended to read as follows:
``(1) Community-based organization.--The term `community-
based organization' means a private nonprofit organization that
is representative of a community or a significant segment of a
community and that has demonstrated expertise and effectiveness
in the field of workforce investment.''.
(18) Elementary and secondary education act of 1965.--
(A) Section 1205.--Section 1205(8)(B) of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6365(8)(B)) is amended by striking ``the Job
Training Partnership Act'' and inserting ``the Job
Training Partnership Act and title I of the Workforce
Investment Act of 1998''.
(B) Section 1414.--Section 1414(c)(8) of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6434(c)(8)) is amended by striking ``programs
under the Job Training Partnership Act,'' and inserting
``programs under the Job Training Partnership Act or
title I of the Workforce Investment Act of 1998,''.
(C) Section 1423.--Section 1423(9) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6453(9))
is amended by striking ``programs under the Job Training
and Partnership Act'' and inserting ``programs under the
Job Training Partnership Act or title I of the Workforce
Investment Act of 1998''.
(D) Section 1425.--Section 1425(9) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6455(9))
is amended by striking ``, such as funds under the Job
Training Partnership Act,'' and inserting ``, such as
funds made available under the Job Training Partnership
Act or title I of the Workforce Investment Act of
1998,''.
(19) District of columbia school reform act of 1995.--
Section 2604(c)(2)(B)(ii) of the District of Columbia School
Reform Act of 1995 (Public Law 104-134; 110 Stat. 1321-145) is
amended by striking ``Job Training Partnership Act (29 U.S.C.
1501 et seq.)'' and inserting ``Job Training Partnership Act or
title I of the Workforce Investment Act of 1998''.
(20) Freedom support act.--The last sentence of section 505
of the FREEDOM Support Act (22 U.S.C. 5855) is amended by
striking ``, through the Defense Conversion'' and all that
follows through ``or through'' and inserting ``or through''.
(21) Emergency jobs and unemployment assistance act of
1974.--
(A) Section 204.--Section 204(b) of the Emergency
Jobs and Unemployment Assistance Act of 1974 (26 U.S.C.
3304 note) is amended by striking ``designate as an
area'' and all that follows and inserting ``designate as
an area
[[Page 112 STAT. 2681-423]]
under this section an area that is a service delivery
area established under section 101 of the Job Training
Partnership Act (except that after local workforce
investment areas are designated under section 116 of the
Workforce Investment Act of 1998 for the State involved,
the corresponding local workforce investment area shall
be considered to be the area designated under this
section) or a local workforce investment area designated
under section 116 of the Workforce Investment Act of
1998.''.
(B) Section 223.--Section 223 of the Emergency Jobs
and Unemployment Assistance Act of 1974 (26 U.S.C. 3304
note) is amended--
(i) in paragraph (3), by striking ``assistance
provided'' and all that follows and inserting
``assistance provided under the Job Training
Partnership Act or title I of the Workforce
Investment Act of 1998;''; and
(ii) in paragraph (4), by striking ``funds
provided'' and all that follows and inserting
``funds provided under the Job Training
Partnership Act or title I of the Workforce
Investment Act of 1998;''.
(22) Job training reform amendments of 1992.--Section 701 of
the Job Training Reform Amendments of 1992 (29 U.S.C. 1501 note)
is repealed.
(23) Public law 98-524.--Section 7 of Public Law 98-524 (29
U.S.C. 1551 note) is repealed.
(24) Veterans' benefits and programs improvement act of
1988.--Section 402 of the Veterans' Benefits and Programs
Improvement Act of 1988 (29 U.S.C. 1721 note) is amended--
(A) in subsection (a), by striking ``title III of
the Job Training Partnership Act (29 U.S.C. 1651 et
seq.)'' and inserting ``title III of the Job Training
Partnership Act or title I of the Workforce Investment
Act of 1998'';
(B) in subsection (c), by striking ``Training, in
consultation with the office designated or created under
section 322(b) of the Job Training Partnership Act,''
and inserting ``Training, in consultation with the unit
or office designated or created under section 322(b) of
the Job Training Partnership Act or any successor to
such unit or office under title I of the Workforce
Investment Act of 1998,''; and
(C) in subsection (d)--
(i) in paragraph (1)(A), by striking ``part
C'' and all that follows through ``; and'' and
inserting ``part C of title IV of the Job Training
Partnership Act or title I of the Workforce
Investment Act of 1998; and''; and
(ii) in paragraph (2), by striking
``Employment and training'' and all that follows
and inserting ``Employment and training activities
for dislocated workers under title III of the Job
Training Partnership Act or title I of the
Workforce Investment Act of 1998.''.
(25) Veterans' job training act.--
(A) Section 13.--Section 13(b) of the Veterans' Job
Training Act (29 U.S.C. 1721 note) is amended by
striking ``assistance under the Job Training Partnership
Act (29 U.S.C. 1501 et seq.)'' and inserting
``assistance under the Job Training Partnership Act or
title I of the Workforce Investment Act of 1998''.
[[Page 112 STAT. 2681-424]]
(B) Section 14.--Section 14(b)(3)(B)(i)(II) of the
Veterans' Job Training Act (29 U.S.C. 1721 note) is
amended by striking ``under part C of title IV of the
Job Training Partnership Act (29 U.S.C. 1501 et seq.)''
and inserting ``under part C of title IV the Job
Training Partnership Act or title I of the Workforce
Investment Act of 1998''.
(C) Section 15.--Section 15(c)(2) of the Veterans'
Job Training Act (29 U.S.C. 1721 note) is amended--
(i) in the second sentence, by striking ``part
C of title IV of the Job Training Partnership Act
(29 U.S.C. 1501 et seq.)'' and inserting ``part C
of title IV of the Job Training Partnership Act or
title I of the Workforce Investment Act of 1998'';
and
(ii) in the third sentence, by striking
``title III of that Act'' and inserting ``title
III of the Job Training Partnership Act or title I
of the Workforce Investment Act of 1998''.
(26) Worker adjustment and retraining notification act.--
Section 3(a)(2) of the Worker Adjustment and Retraining
Notification Act (29 U.S.C. 2102(a)(2)) is amended by striking
``to the State'' and all that follows through ``and the chief''
and inserting ``to the State dislocated worker unit or office
(referred to in section 311(b)(2) of the Job Training and
Partnership Act), or the State or entity designated by the State
to carry out rapid response activities under section
134(a)(2)(A) of the Workforce Investment Act of 1998, and the
chief''.
(27) Title 31, united states code.--Section 6703(a) of title
31, United States Code, is amended by striking paragraph (4) and
inserting the following:
``(4) Programs under title II or IV of the Job Training
Partnership Act or under title I of the Workforce Investment Act
of 1998.''.
(28) Veterans' rehabilitation and education amendments of
1980.--Section 512 of the Veterans' Rehabilitation and Education
Amendments of 1980 (38 U.S.C. 4101 note) is amended by striking
``the Comprehensive Employment and Training Act (29 U.S.C. et
seq.),'' and inserting ``the Job Training Partnership Act or
title I of the Workforce Investment Act of 1998,''.
(29) Title 38, united states code.--
(A) Section 4102A.--Section 4102A(d) of title 38,
United States Code, is amended by striking ``the Job
Training Partnership Act'' and inserting ``the Job
Training Partnership Act and title I of the Workforce
Investment Act of 1998''.
(B) Section 4103A.--Section 4103A(c)(4) of title 38,
United States Code, is amended by striking ``(including
part C of title IV of the Job Training Partnership Act
(29 U.S.C. 1501 et seq.))'' and inserting ``including
part C of title IV of the Job Training Partnership Act
and title I of the Workforce Investment Act of 1998''.
(C) Section 4213.--Section 4213 of title 38, United
States Code, is amended by striking ``program assisted
under the Job Training Partnership Act (29 U.S.C. 1501
et seq.),'' and inserting ``program carried out under
the Job Training Partnership Act or title I of the
Workforce Investment Act of 1998,''.
[[Page 112 STAT. 2681-425]]
(30) Social security act.--Section 403(a)(5) of Social
Security Act (42 U.S.C. 603(a)(5)) is amended--
(A) in subparagraph (A)(vii)(I), by striking ``(as
described in section 103(c) of the Job Training
Partnership Act)'' and inserting ``(as described in
section 103(c) of the Job Training Partnership Act or
defined in section 101 of the Workforce Investment Act
of 1998)''; and
(B) in subparagraph (D)--
(i) in clause (ii), by striking ``means, with
respect to a service delivery area, the private
industry council (or successor entity) established
for the service delivery area pursuant to the Job
Training Partnership Act'' and inserting ``means,
with respect to a service delivery area, the
private industry council or local workforce
investment board established for the service
delivery area pursuant to the Job Training
Partnership Act or title I of the Workforce
Investment Area of 1998, as appropriate''; and
(ii) in clause (iii), by striking ``shall have
the meaning given such term (or the successor to
such term) for purposes of the Job Training
Partnership Act'' and inserting ``shall have the
meaning given such term for purposes of the Job
Training Partnership Act or shall mean a local
area as defined in section 101 of the Workforce
Investment Act of 1998, as appropriate''.
(31) United states housing act.--Section 23 of the United
States Housing Act of 1937 (42 U.S.C. 1437u) is amended--
(A) in subsection (b)(2)(A), by striking ``the Job
Training'' and all that follows through ``or the'' and
inserting ``the Job Training Partnership Act or title I
of the Workforce Investment Act of 1998 or the'';
(B) in the first sentence of subsection (f)(2), by
striking ``programs under the'' and all that follows
through ``and the'' and inserting ``programs under the
Job Training Partnership Act or title I of the Workforce
Investment Act of 1998 or the''; and
(C) in subsection (g)--
(i) in paragraph (2), by striking ``programs
under the'' and all that follows through ``and
the'' and inserting ``programs under the Job
Training Partnership Act or title I of the
Workforce Investment Act of 1998 or the''; and
(ii) in paragraph (3)(H), by striking
``program under'' and all that follows through
``and any other'' and inserting ``programs under
the Job Training Partnership Act or title I of the
Workforce Investment Act of 1998 and any other''.
(32) Housing act of 1949.--Section 504(c)(3) of the Housing
Act of 1949 (42 U.S.C. 1474(c)(3)) is amended by striking
``pursuant to'' and all that follows through ``or the'' and
inserting ``pursuant to
the Job Training Partnership Act or title I of the Workforce Investment
Act of 1998 or the''.
(33) Older americans act of 1965.--
(A) Section 203.--Section 203 of the Older Americans
Act of 1965 (42 U.S.C. 3013) is amended--
(i) in subsection (a)(2), by striking the last
sentence and inserting the following: ``In
particular, the
[[Page 112 STAT. 2681-426]]
Secretary of Labor shall consult and cooperate
with the Assistant Secretary in carrying out the
Job Training Partnership Act and title I of the
Workforce Investment Act of 1998.''; and
(ii) in subsection (b), by striking paragraph
(1) and inserting the following:
``(1) the Job Training Partnership Act or title I of the
Workforce Investment Act of 1998,''.
(B) Section 502.--Section 502 of the Older Americans
Act of 1965 (42 U.S.C. 3056) is amended--
(i) in subsection (b)(1)(N)(i), by striking
``the Job Training Partnership Act (29 U.S.C. 1501
et seq.)'' and inserting ``the Job Training
Partnership Act and title I of the Workforce
Investment Act of 1998''; and
(ii) in subsection (e)(2)(C), by striking
``programs carried out under section 124 of the
Job Training Partnership Act (29 U.S.C. 1534)''
and inserting ``programs carried out under the Job
Training Partnership Act and title I of the
Workforce Investment Act of 1998''.
(C) Section 503.--Section 503(b)(1) of the Older
Americans Act of 1965 (42 U.S.C. 3056a(b)(1)) is
amended--
(i) in the first sentence, by striking ``the
Job Training Partnership Act'' and inserting ``the
Job Training Partnership Act and title I of the
Workforce Investment Act of 1998''; and
(ii) in the first sentence, by striking ``the
Job Training Partnership Act'' and inserting ``the
Job Training Partnership Act or title I of the
Workforce Investment Act of 1998''.
(D) Section 510.--Section 510 of the Older Americans
Act of 1965 (42 U.S.C. 3056h) is amended by striking the
matter following the section heading and inserting the
following:
``In the case of projects under this title carried out jointly with
programs carried out under the Job Training Partnership Act, eligible
individuals shall be deemed to satisfy the requirements of sections 203
and 204(d)(5)(A) of such Act (29 U.S.C. 1603, 1604(d)(5)(A)) that are
applicable to adults. In the case of projects under this title carried
out jointly with programs carried out under subtitle B of title I of the
Workforce Investment Act of 1998, eligible individuals shall be deemed
to satisfy the requirements of section 134 of such Act.''.
(34) Omnibus crime control and safe streets act of 1968.--
Section 1801(b)(3) of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796ee(b)(3)) is amended by striking
``activities carried out under part B of title IV of the Job
Training Partnership Act (relating to Job Corps) (29 U.S.C. 1691
et seq.)'' and inserting ``activities carried out under part B
of title IV of the Job Training Partnership Act or subtitle C of
title I of the Workforce Investment Act of 1998 (relating to Job
Corps)''.
(35) Environmental programs assistance act of 1984.--The
second sentence of section 2(a) of the Environmental Programs
Assistance Act of 1984 (42 U.S.C. 4368a(a)) is amended by
striking ``and title IV of the Job Training Partnership Act''
and inserting ``and title IV of the Job Training Partnership
[[Page 112 STAT. 2681-427]]
Act or subtitle D of title I of the Workforce Investment Act of
1998''.
(36) Domestic volunteer service act of 1973.--
(A) Section 103.--The second sentence of section
103(d) of the Domestic Volunteer Service Act of 1973 (42
U.S.C. 4953(d)) is amended to read as follows:
``Whenever feasible, such efforts shall be coordinated
with an appropriate private industry council established
under the Job Training Partnership Act or local
workforce investment board established under section 117
of the Workforce Investment Act of 1998.''.
(B) Section 109.--Subsections (c)(2) and (d)(2) of
section 109 of the Domestic Volunteer Service Act of
1973 (42 U.S.C. 4959) is amended by striking
``administrative entities designated to administer job
training plans under the Job Training Partnership Act''
and inserting ``administrative entities designated to
administer job training plans under the Job Training
Partnership Act and eligible providers of employment and
training activities under subtitle B of title I of the
Workforce Investment Act of 1998''.
(37) Age discrimination act of 1975.--Section 304(c)(1) of
the Age Discrimination Act of 1975 (42 U.S.C. 6103(c)(1)) is
amended by striking ``Except with'' and all that follows through
``nothing'' and inserting ``Nothing''.
(38) Energy conservation and production act.--Section
414(b)(3) of the Energy Conservation and Production Act (42
U.S.C. 6864(b)(3)) is amended by striking ``the Comprehensive
Employment and Training Act of 1973'' and inserting ``the Job
Training Partnership Act or title I of the Workforce Investment
Act of 1998''.
(39) National energy conservation policy act.--Section 233
of the National Energy Conservation Policy Act (42 U.S.C. 6873)
is amended, in the matter preceding paragraph (1), by striking
``the Comprehensive Employment and Training Act of 1973'' and
inserting ``the Job Training Partnership Act or title I of the
Workforce Investment Act of 1998''.
(40) Community economic development act of 1981.--Section
617(a)(3) of the Community Economic Development Act of 1981 (42
U.S.C. 9806(a)(3)) is amended by striking ``activities such as
those described in the Comprehensive Employment and Training
Act'' and inserting ``activities such as the activities
described in the Job Training Partnership Act or title I of the
Workforce Investment Act of 1998''.
(41) Stewart b. mckinney homeless assistance act.--Section
103(b)(2) of the Stewart B. McKinney Homeless Assistance Act (42
U.S.C. 11302(b)(2)) is amended by striking ``the Job Training
Partnership Act'' and inserting ``the Job Training Partnership
Act or title I of the Workforce Investment Act of 1998''.
(42) National and community service act of 1990.--
(A) Section 177.--Section 177(d) of the National and
Community Service Act of 1990 (42 U.S.C. 12637(d)) is
amended to read as follows:
``(d) Treatment of Benefits.--Allowances, earnings, and payments to
individuals participating in programs that receive assistance under this
title shall not be considered to be income for the purposes of
determining eligibility for and the amount of income
[[Page 112 STAT. 2681-428]]
transfer and in-kind aid furnished under any Federal or federally
assisted program based on need, other than as provided under the Social
Security Act (42 U.S.C. 301 et seq.).''.
(B) Section 198C.--Section 198C of the National and
Community Service Act of 1990 (42 U.S.C. 12653c) is
amended--
(i) in subsection (b)(1), by striking ``a
military installation described in section
325(e)(1) of the Job Training Partnership Act (29
U.S.C. 1662d(e)(1)).'' and inserting ``a military
installation being closed or realigned under--
``(A) the Defense Base Closure and Realignment Act
of 1990 (part A of title XXIX of division B of Public
Law 101-510; 10 U.S.C. 2687 note); and
``(B) title II of the Defense Authorization
Amendments and Base Closure and Realignment Act (Public
Law 100-526; 10 U.S.C. 2687 note).''; and
(ii) in subsection (e)(1)(B), by striking
clause (iii) and inserting the following:
``(iii) an eligible youth described in section 423
of the Job Training Partnership Act or an individual
described in section 144 of the Workforce Investment Act
of 1998.''.
(C) Section 199L.--Section 199L(a) of the National
and Community Service Act of 1990 (42 U.S.C. 12655m(a))
is amended by striking ``the Job Training Partnership
Act (29 U.S.C. 1501 et seq.)'' and inserting ``the Job
Training Partnership Act and title I of the Workforce
Investment Act of 1998''.
(43) Cranston-gonzalez national affordable housing act.--
(A) Section 454.--Subparagraphs (H) and (M) of
subsection (c)(2), and subsection (d)(7), of section 454
of the Cranston-Gonzalez National Affordable Housing Act
(42 U.S.C. 12899c) are amended by striking ``the Job
Training Partnership Act'' and inserting ``the Job
Training Partnership Act and title I of the Workforce
Investment Act of 1998''.
(B) Section 456.--The first sentence of section
456(e) of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 12899e(e)) is amended by
inserting ``(as in effect on the day before the date of
enactment of the Workforce Investment Act of 1998)''
after ``the Job Training Partnership Act'' each place it
appears.
(44) Violent crime control and law enforcement act of
1994.--Section 31113(a)(4)(C) of the Violent Crime Control and
Law Enforcement Act of 1994 (42 U.S.C. 13823(a)(4)(C)) is
amended by striking ``authorized under the Job Training
Partnership Act (29 U.S.C. 1501 et seq.)'' and inserting
``authorized under the Job Training Partnership Act or title I
of the Workforce Investment Act of 1998''.
(e) Other References to Title VII of the Stewart B. McKinney
Homeless Assistance Act.--
(1) Table of contents.--The table of contents of the Stewart
B. McKinney Homeless Assistance Act (42 U.S.C. 11421 et seq.) is
amended by striking the items relating to title VII of such Act,
except the items relating to the title heading, and subtitles B
and C, of such title.
[[Page 112 STAT. 2681-429]]
(2) Title vii.--The Stewart B. McKinney Homeless Assistance
Act (as amended by section 199(b)(1) of the Workforce Investment
Act of 1998) is further amended by inserting before subtitle B
(relating to education for homeless children and families) the
following:
``SUBTITLE VII--EDUCATION AND TRAINING''.
(f) References to Job Training Partnership Act Subsequent To
Repeal.--
(1) Title 5, united states code.--Section 3502(d) of title
5, United States Code, is amended--
(A) in paragraph (3)--
(i) in subparagraph (A), by striking clause
(i) and inserting the following:
``(i) the State or entity designated by the State to
carry out rapid response activities under section
134(a)(2)(A) of the Workforce Investment Act of 1998;
and''; and
(ii) in subparagraph (B)(iii), by striking
``under the Job Training Partnership Act or''; and
(B) in paragraph (4), in the second sentence, by
striking ``the Job Training Partnership Act or''.
(2) Food stamp act of 1977.--
(A) Section 5.--Section 5(l) of the Food Stamp Act
of 1977 (7 U.S.C. 2014(l)) is
amended by striking ``Notwithstanding section 142(b) of the Job Training
Partnership Act or section 181(a)(2) of the Workforce Investment Act of
1998, earnings to individuals participating in on-the-job training
programs under section 204(b)(1)(C) or 264(c)(1)(A) of the Job Training
Partnership Act or in on-the-job training under title I of the Workforce
Investment Act of 1998'' and inserting ``Notwithstanding section
181(a)(2) of the Workforce Investment Act of 1998, earnings to
individuals participating in on-the-job training under title I of the
Workforce Investment Act of 1998''
(B) Section 6.--Section 6 of the Food Stamp Act of
1977 (7 U.S.C. 2015) is amended--
(i) in subsection (d)(4)(M), by striking ``the
State public employment offices and agencies
operating programs under the Job Training
Partnership Act or of'';
(ii) in subsection (e)(3), by striking
subparagraph (A) and inserting the following:
``(A) a program under title I of the Workforce
Investment Act of 1998;''; and
(iii) in subsection (o)(1)(A), by striking
``Job Training Partnership Act or''.
(C) Section 17.--The second sentence of section
17(b)(2) of the Food Stamp Act of 1977 (7 U.S.C.
2026(b)(2)) is amended by striking ``the Job Training
Partnership Act or''.
(3) Personal responsibility and work opportunity
reconciliation act of 1996.--
(A) Section 403(c)(2)(K) of the Personal
Responsibility and Work Opportunity Reconciliation Act
of 1996 (8 U.S.C. 1613(c)(2)(K)) is amended by striking
``Job Training Partnership Act or''.
[[Page 112 STAT. 2681-430]]
(B) Section 423(d)(11) of the Personal
Responsibility and Work Opportunity Reconciliation Act
of 1996 (8 U.S.C. 1183a note) is amended by striking
``Job Training Partnership Act or''.
(4) Immigration and nationality act.--Section 245A(h)(4)(F)
of the Immigration and Nationality Act (8 U.S.C. 1255a(h)(4)(F))
is amended by striking ``The Job Training Partnership Act or
title'' and inserting ``Title''.
(5) Refugee education assistance act of 1980.--Section
402(a)(4) of the Refugee Education Assistance Act of 1980 (8
U.S.C. 1522 note) is amended by striking ``the Comprehensive
Employment and Training Act of 1973'' and inserting ``the Job
Training Partnership Act or''.
(6) National defense authorization act for fiscal year
1993.--
(A) Section 3161.--Section 3161(c)(6) of the
National Defense Authorization Act for Fiscal Year 1993
(42 U.S.C. 7274h(c)(6)) is amended by striking
subparagraph (A) and inserting the following:
``(A) programs carried out by the Secretary of Labor
under title I of the Workforce Investment Act of
1998;''.
(B) Section 4461.--Section 4461(1) of the National
Defense Authorization Act for Fiscal Year 1993 (10
U.S.C. 1143 note) is amended by striking ``The Job
Training Partnership Act of title'' and inserting
``Title''.
(C) Section 4471.--Section 4471 of the National
Defense Authorization Act for Fiscal Year 1993 (10
U.S.C. 2501 note) is amended--
(i) in subsection (c)(2), by striking ``the
State dislocated worker unit or office referred to
in section 311(b)(2) of the Job Training
Partnership Act, or'';
(ii) in subsection (d), in the first sentence,
by striking ``for training, adjustment assistance,
and employment services under section 325 or 325A
of the Job Training Partnership Act or''; and
(iii) in subsection (e), by striking ``for
training, adjustment assistance, and employment
services under section 325 or 325A of the Job
Training Partnership Act or''.
(D) Section 4492.--Section 4492(b) of the National
Defense Authorization Act for Fiscal Year 1993 (10
U.S.C. 1143 note) is amended by striking ``the Job
Training Partnership Act or''.
(7) National defense authorization act for fiscal year
1994.--Section 1333(c)(2)(B) of the National Defense
Authorization Act for Fiscal Year 1994 (10 U.S.C. 2701 note) is
amended by striking ``Private industry councils as described in
section 102 of the Job Training Partnership Act or local'' and
inserting ``local''.
(8) National defense authorization act for fiscal year
1998.--Section 2824(c)(5) of the National Defense Authorization
Act for Fiscal Year 1998 (10 U.S.C. 2687 note) is amended by
striking ``Job Training Partnership Act or''.
(9) Small business act.--The fourth sentence of section
7(j)(13)(E) of the Small Business Act (15 U.S.C. 636(j)(13)(E))
is amended by striking ``the Job Training Partnership Act or''.
[[Page 112 STAT. 2681-431]]
(10) Full employment and balanced growth act of 1978.--
Section 206 of the Full Employment and Balanced Growth Act of
1978 (15 U.S.C. 3116) is amended--
(A) in subsection (b), in the matter preceding
paragraph (1), by striking ``CETA'' and inserting ``the
Job Training Partnership Act and''; and
(B) in subsection (c)(1), by striking ``activities
carried out under the Job Training Partnership Act or''.
(11) Trade act of 1974.--
(A) Section 236.--Section 236(a)(5)(B) of the Trade
Act of 1974 (19 U.S.C. 2296(a)(5)(B)) is amended by
striking ``section 303 of the Job Training Partnership
Act or''.
(B) Section 239.--Section 239(e) of the Trade Act of
1974 (19 U.S.C. 2311(e)) is amended by striking ``title
III of the Job Training Partnership Act or''.
(12) Higher education act of 1965.--
(A) Section 418A.--Subsections (b)(1)(B)(ii) and
(c)(1)(A) of section 418A of the Higher Education Act of
1965 (20 U.S.C. 1070d-2) are amended by striking
``section 402 of the Job Training Partnership Act or''.
(B) Section 480.--Section 480(b)(14) of the Higher
Education Act of 1965 (20 U.S.C. 1087vv(b)(14)) is
amended by striking ``Job Training Partnership Act
noneducational benefits or''.
(13) Elementary and secondary education act of 1965.--
(A) Section 1205.--Section 1205(8)(B) of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6365(8)(B)) is amended by striking ``the Job
Training Partnership Act and''.
(B) Section 1414.--Section 1414(c)(8) of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6434(c)(8)) is amended by striking ``the Job
Training Partnership Act or''.
(C) Section 1423.--Section 1423(9) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6453(9))
is amended by striking ``the Job Training Partnership
Act or''.
(D) Section 1425.--Section 1425(9) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6455(9))
is amended by striking ``the Job Training Partnership
Act or''.
(14) District of columbia school reform act of 1995.--
Section 2604(c)(2)(B)(ii) of the District of Columbia School
Reform Act of 1995 (Public Law 104-134; 110 Stat. 1321-145) is
amended by striking ``Job Training Partnership Act or''.
(15) Emergency jobs and unemployment assistance act of
1974.--
(A) Section 204.--Section 204(b) of the Emergency
Jobs and Unemployment Assistance Act of 1974 (26 U.S.C.
3304 note) is amended by striking ``service delivery
area established'' and all that follows through ``this
section) or a''.
(B) Section 223.--Section 223 of the Emergency Jobs
and Unemployment Assistance Act of 1974 (26 U.S.C. 3304
note) is amended--
[[Page 112 STAT. 2681-432]]
(i) in paragraph (3), by striking ``the Job
Training Partnership Act or''; and
(ii) in paragraph (4), by striking ``the Job
Training Partnership Act or''.
(16) Veterans' benefits and programs improvement act of
1988.--Section 402 of the Veterans' Benefits and Programs
Improvement Act of 1988 (29 U.S.C. 1721 note) is amended--
(A) in subsection (a), by striking ``title III of
the Job Training Partnership Act or''; and
(B) in subsection (d)--
(i) in paragraph (1)(A), by striking ``part C
of title IV of the Job Training Partnership Act
or''; and
(ii) in paragraph (2), by striking ``title III
of the Job Training Partnership Act or''.
(17) Veterans' job training act.--
(A) Section 13.--Section 13(b) of the Veterans' Job
Training Act (29 U.S.C. 1721 note) is amended by
striking ``the Job Training Partnership Act or''.
(B) Section 14.--Section 14(b)(3)(B)(i)(II) of the
Veterans' Job Training Act (29 U.S.C. 1721 note) is
amended by striking ``part C of title IV the Job
Training Partnership Act or''.
(C) Section 15.--Section 15(c)(2) of the Veterans'
Job Training Act (29 U.S.C. 1721 note) is amended--
(i) in the second sentence, by striking ``part
C of title IV of the Job Training Partnership Act
or''; and
(ii) in the third sentence, by striking
``title III of the Job Training Partnership Act
or''.
(18) Worker adjustment and retraining notification act.--
Section 3(a)(2) of the Worker Adjustment and Retraining
Notification Act (29 U.S.C. 2102(a)(2)) is amended by striking
``the State dislocated worker unit or office (referred to in
section 311(b)(2) of the Job Training and Partnership Act),
or''.
(19) Title 31, united states code.--Section 6703(a) of title
31, United States Code, is amended by striking paragraph (4) and
inserting the following:
``(4) Programs under title I of the Workforce Investment Act
of 1998.''.
(20) Veterans' rehabilitation and education amendments of
1980.--Section 512 of the Veterans' Rehabilitation and Education
Amendments of 1980 (38 U.S.C. 4101 note) is amended by striking
``the Job Training Partnership Act or''.
(21) Title 38, united states code.--
(A) Section 4102A.--Section 4102A(d) of title 38,
United States Code, is amended by striking ``the Job
Training Partnership Act and''.
(B) Section 4103A.--Section 4103A(c)(4) of title 38,
United States Code, is amended by striking ``part C of
title IV of the Job Training Partnership Act and''.
(C) Section 4213.--Section 4213 of title 38, United
States Code, is amended by striking ``the Job Training
Partnership Act or''.
(22) Social security act.--Section 403(a)(5) of Social
Security Act (42 U.S.C. 603(a)(5)) is amended--
[[Page 112 STAT. 2681-433]]
(A) in subparagraph (A)(vii)(I), by striking
``described in section 103(c) of the Job Training
Partnership Act or''; and
(B) in subparagraph (D)--
(i) in clause (ii), by striking ``the Job
Training Partnership Act or''; and
(ii) in clause (iii), by striking ``shall mean
a local area as defined in section 101 of the
Workforce Investment Act of 1998, as
appropriate''.
(23) United states housing act.--Section 23 of the United
States Housing Act of 1937 (42 U.S.C. 1437u) is amended--
(A) in subsection (b)(2)(A), by striking ``the Job
Training Partnership Act or'';
(B) in the first sentence of subsection (f)(2), by
striking ``the Job Training Partnership Act or''; and
(C) in subsection (g)--
(i) in paragraph (2), by striking ``the Job
Training Partnership Act or''; and
(ii) in paragraph (3)(H), by striking ``the
Job Training Partnership Act or''.
(24) Housing act of 1949.--Section 504(c)(3) of the Housing
Act of 1949 (42 U.S.C. 1474(c)(3)) is amended by striking ``the
Job Training Partnership Act or''.
(25) Older americans act of 1965.--
(A) Section 203.--Section 203 of the Older Americans
Act of 1965 (42 U.S.C. 3013) is amended--
(i) in subsection (a)(2), by striking ``the
Job Training Partnership Act and''; and
(ii) in subsection (b), by striking paragraph
(1) and inserting the following:
``(1) title I of the Workforce Investment Act of 1998,''.
(B) Section 502.--Section 502 of the Older Americans
Act of 1965 (42 U.S.C. 3056) is amended--
(i) in subsection (b)(1)(N)(i), by striking
``the Job Training Partnership Act and''; and
(ii) in subsection (e)(2)(C), by striking
``the Job Training Partnership Act and''.
(C) Section 503.--Section 503(b)(1) of the Older
Americans Act of 1965 (42 U.S.C. 3056a(b)(1)) is
amended--
(i) in the first sentence, by striking ``the
Job Training Partnership Act and''; and
(ii) in the first sentence, by striking ``the
Job Training Partnership Act or''.
(D) Section 510.--Section 510 of the Older Americans
Act of 1965 (42 U.S.C. 3056h) is amended by striking the
matter following the section heading and inserting the
following:
``In the case of projects under this title carried out jointly with
programs carried out under subtitle B of title I of the Workforce
Investment Act of 1998, eligible individuals shall be deemed to satisfy
the requirements of section 134 of such Act.''.
(26) Omnibus crime control and safe streets act of 1968.--
Section 1801(b)(3) of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796ee(b)(3)) is amended by striking
``part B of title IV of the Job Training Partnership Act or''.
[[Page 112 STAT. 2681-434]]
(27) Environmental programs assistance act of 1984.--The
second sentence of section 2(a) of the Environmental Programs
Assistance Act of 1984 (42 U.S.C. 4368a(a)) is amended by
striking ``title IV of the Job Training Partnership Act or''.
(28) Domestic volunteer service act of 1973.--
(A) Section 103.--The second sentence of section
103(d) of the Domestic Volunteer Service Act of 1973 (42
U.S.C. 4953(d)) is amended to read as follows: ``private
industry council established under the Job Training
Partnership Act or''.
(B) Section 109.--Subsections (c)(2) and (d)(2) of
section 109 of the Domestic Volunteer Service Act of
1973 (42 U.S.C. 4959) is amended by striking
``administrative entities designated to administer job
training plans under the Job Training Partnership Act
and''.
(29) Energy conservation and production act.--Section
414(b)(3) of the Energy Conservation and Production Act (42
U.S.C. 6864(b)(3)) is amended by striking ``the Job Training
Partnership Act or''.
(30) National energy conservation policy act.--Section 233
of the National Energy Conservation Policy Act (42 U.S.C. 6873)
is amended, in the matter preceding paragraph (1), by striking
``the Job Training Partnership Act or''.
(31) Community economic development act of 1981.--Section
617(a)(3) of the Community Economic Development Act of 1981 (42
U.S.C. 9806(a)(3)) is amended by striking ``the Job Training
Partnership Act or''.
(32) Stewart b. mckinney homeless assistance act.--Section
103(b)(2) of the Stewart B. McKinney Homeless Assistance Act (42
U.S.C. 11302(b)(2)) is amended by striking ``the Job Training
Partnership Act or''.
(33) National and community service act of 1990.--
(A) Section 198C.--Section 198C(e)(1)(B) of the
National and Community Service Act of 1990 (42 U.S.C.
12653c(e)(1)(C)) is amended by striking clause (iii) and
inserting the following:
``(iii) an individual described in section 144 of
the Workforce Investment Act of 1998.''.
(B) Section 199L.--Section 199L(a) of the National
and Community Service Act of 1990 (42 U.S.C. 12655m(a))
is amended by striking ``the Job Training Partnership
Act and''.
(34) Cranston-gonzalez national affordable housing act.--
Subparagraphs (H) and (M) of subsection (c)(2), and subsection
(d)(7), of section 454 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 12899c) are amended by
striking ``the Job Training Partnership Act and''.
(35) Violent crime control and law enforcement act of
1994.--Section 31113(a)(4)(C) of the Violent Crime Control and
Law Enforcement Act of 1994 (42 U.S.C. 13823(a)(4)(C)) is
amended by striking ``the Job Training Partnership Act or''.
(g) <<NOTE: 5 USC 3502 note.>> Effective Dates.--
(1) Immediately effective amendments.--The amendments made
by subsections (a) through (d) shall take effect on the date of
the enactment of this Act.
(2) Subsequently effective amendments.--
[[Page 112 STAT. 2681-435]]
(A) Stewart b. mckinney homeless assistance act.--
The amendments made by subsection (e) shall take effect
on July 1, 1999.
(B) Job training partnership act.--The amendments
made by subsection (f) shall take effect on July 1,
2000.
(h) References.--
(1) In general.--Section 190 of the Workforce Investment Act
of 1998 is amended to read as follows:
``SEC. 190. <<NOTE: 29 USC 2940.>> REFERENCES.
``(a) References to Comprehensive Employment and Training Act.--
Except as otherwise specified, a reference in a Federal law (other than
a reference in a provision amended by the Reading Excellence Act) to a
provision of the Comprehensive Employment and Training Act--
``(1) effective on the date of enactment of this Act, shall
be deemed to refer to the corresponding provision of the Job
Training Partnership Act or of the Workforce Investment Act of
1998; and
``(2) effective on July 1, 2000, shall be deemed to refer to
the corresponding provision of the Workforce Investment Act of
1998.
``(b) References to Job Training Partnership Act.--Except as
otherwise specified, a reference in a Federal law (other than a
reference in this Act or a reference in a provision amended by the
Reading Excellence Act) to a provision of the Job Training Partnership
Act--
``(1) effective on the date of enactment of this Act, shall
be deemed to refer to that provision or the corresponding
provision of the Workforce Investment Act of 1998; and
``(2) effective on July 1, 2000, shall be deemed to refer to
the corresponding provision of the Workforce Investment Act of
1998.''.
(2) Effective date.--The amendment <<NOTE: 29 USC 2940
note.>> made by paragraph (1) shall take effect as if included
in the Workforce Investment Act of 1998.
(3) Conforming amendment.--Section 199A of such Act is
amended <<NOTE: 29 USC 2940 note.>> by striking subsection (c)
``SUBTITLE VIII--AMENDMENT TO WORKFORCE INVESTMENT ACT OF 1998''.
Section 173 of the Workforce Investment Act of 1998 (29 U.S.C. 2918)
is amended by adding at the end the following new subsection:
``(e) Additional Assistance.--
``(1) In general.--From the amount appropriated and made
available to carry out this section for any program year, the
Secretary shall use not more than $15,000,000 to make grants to
not more than 8 States to provide employment and training
activities under section 134, in accordance with subtitle B.
``(2) Eligible states.--The Secretary shall make a grant
under paragraph (1) to a State for a program year if--
``(A)(i) the amount of the allotment that would be
made to the State for the program year under the formula
specified in section 202(a) of the Job Training
Partnership Act, as in effect on July 1, 1998; is
greater than
[[Page 112 STAT. 2681-436]]
``(ii) the amount of the allotment that would be
made to the State for the program year under the formula
specified in section 132(b)(1)(B); and
``(B) the State is 1 of the 8 States with the
greatest quotient obtained by dividing--
``(i) the amount described in subparagraph
(A)(i); by
``(ii) the amount described in subparagraph
(A)(ii).
``(3) Amount of grants.--Subject to paragraph (1), the
amount of the grant made under paragraph (1) to a State for a
program year shall be based on the difference between--
``(A) the amount of the allotment that would be made
to the State for the program year under the formula
specified in section 202(a) of the Job Training
Partnership Act, as in effect on July 1, 1998; and
``(B) the amount of the allotment that would be made
to the State for the program year under the formula
specified in section 132(b)(1)(B).
``(4) Allocation of funds.--A State that receives a grant
under paragraph (1) for a program year--
``(A) shall allocate funds made available through
the grant on the basis of the formula used by the State
to allocate funds within the State for that program year
under--
``(i) paragraph (2)(A) or (3) of section
133(b); or
``(ii) paragraph (2)(B) of section 133(b); and
``(B) shall use the funds in the same manner as the
State uses other funds allocated under the appropriate
paragraph of section 133(b).''.
TITLE IX--WOMEN'S <<NOTE: Women's Health and Cancer Rights Act of
1998.>> HEALTH AND CANCER RIGHTS
<<NOTE: 42 USC 201 note.>> SEC. 901. SHORT TITLE.
This title may be cited as the ``Women's Health and Cancer Rights
Act of 1998''.
SEC. 902. AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF
1974.
(a) In General.--Subpart B of part 7 of subtitle B of title I of the
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185 et seq.)
is amended by adding at the end the following new section:
`` <<NOTE: 29 USC 1185b.>> SEC. 713. REQUIRED COVERAGE FOR
RECONSTRUCTIVE SURGERY FOLLOWING MASTECTOMIES.
``(a) In General.--A group health plan, and a health insurance
issuer providing health insurance coverage in connection with a group
health plan, that provides medical and surgical benefits with respect to
a mastectomy shall provide, in a case of a participant or beneficiary
who is receiving benefits in connection with a mastectomy 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;
[[Page 112 STAT. 2681-437]]
``(2) surgery and reconstruction of the other breast to
produce a symmetrical appearance; and
``(3) prostheses and physical complications of mastectomy,
including lymphedemas;
in a manner determined in consultation with the attending physician and
the patient.
Such coverage may be subject to annual deductibles and coinsurance
provisions as may be deemed appropriate and as are consistent with those
established for other benefits under the plan or coverage. Written
notice of the availability of such coverage shall be delivered to the
participant upon enrollment and annually thereafter.
``(b) Notice.--A group health plan, and a health insurance issuer
providing health insurance coverage in connection with a group health
plan shall provide notice to each participant and beneficiary under such
plan regarding the coverage required by this section in accordance with
regulations promulgated by the Secretary. Such notice shall be in
writing and prominently positioned in any literature or correspondence
made available or distributed by the plan or issuer and shall be
transmitted--
``(1) in the next mailing made by the plan or issuer to the
participant or beneficiary;
``(2) as part of any yearly informational packet sent to the
participant or beneficiary; or
``(3) not later than January 1, 1999;
whichever is earlier.
``(c) Prohibitions.--A group health plan, and a health insurance
issuer offering group health insurance coverage in connection with a
group health plan, may not--
``(1) deny to a patient eligibility, or continued
eligibility, to enroll or to renew coverage under the terms of
the plan, solely for the purpose of avoiding the requirements of
this section; and
``(2) penalize or otherwise reduce or limit the
reimbursement of an attending provider, or provide 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.
``(d) Rule of Construction.--Nothing in this section shall be
construed to prevent a group health plan or a health insurance issuer
offering group health insurance coverage from negotiating the level and
type of reimbursement with a provider for care provided in accordance
with this section.
``(e) Preemption, Relation to State Laws.--
``(1) In general.--Nothing in this section shall be
construed to preempt any State law in effect on the date of
enactment of this section with respect to health insurance
coverage that requires coverage of at least the coverage of
reconstructive breast surgery otherwise required under this
section.
``(2) ERISA.--Nothing in this section shall be construed to
affect or modify the provisions of section 514 with respect to
group health plans.''.
(b) Clerical Amendment.--The table of contents in section 1 of the
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 note) is
amended by inserting after the item relating to section 712 the
following new item:
``Sec. 713. Required coverage reconstructive surgery following
mastectomies.''.
[[Page 112 STAT. 2681-438]]
(c) Effective <<NOTE: 29 USC 1185b note.>> Dates.--
(1) In general.--The amendments made by this section shall
apply with respect to plan years beginning on or after the date
of enactment of this Act.
(2) Special rule for collective bargaining agreements.--In
the case of a group health plan maintained pursuant to 1 or more
collective bargaining agreements between employee
representatives and 1 or more employers, any plan amendment made
pursuant to a collective bargaining agreement relating to the
plan which amends the plan solely to conform to any requirement
added by this section shall not be treated as a termination of
such collective bargaining agreement.
SEC. 903. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT.
(a) Group Market.--Subpart 2 of part A of title XXVII of the Public
Health Service Act (42 U.S.C. 300gg-4 et seq.) is amended by adding at
the end the following new section:
``SEC. 2706. <<NOTE: 42 USC 300gg-6.>> REQUIRED COVERAGE FOR
RECONSTRUCTIVE SURGERY FOLLOWING MASTECTOMIES.
``The provisions of section 713 of the Employee Retirement Income
Security Act of 1974 shall apply to group health plans, and health
insurance issuers providing health insurance coverage in connection with
group health plans, as if included in this subpart.''.
(b) Individual Market.--Subpart 3 of part B of title XXVII of the
Public Health Service Act (42 U.S.C. 300gg-51 et seq.) is amended by
adding at the end the following new section:
``SEC. 2752. REQUIRED COVERAGE FOR RECONSTRUCTIVE <<NOTE: 42 USC 300gg-
52.>> SURGERY FOLLOWING MASTECTOMIES.
``The provisions of section 2706 shall apply to health insurance
coverage offered by a health insurance issuer in the individual market
in the same manner as they apply to health insurance coverage offered by
a health insurance issuer in connection with a group health plan in the
small or large group market.''.
<<NOTE: 42 USC 300gg-6 note.>> (c) Effective Dates.--
(1) Group plans.--
(A) In general.--The amendment made by subsection
(a) shall apply to group health plans for plan years
beginning on or after the date of enactment of this Act.
(B) Special rule for collective bargaining
agreements.--In the case of a group health plan
maintained pursuant to 1 or more collective bargaining
agreements between employee representatives and 1 or
more employers, any plan amendment made pursuant to a
collective bargaining agreement relating to the plan
which amends the plan solely to conform to any
requirement added by the amendment made by subsection
(a) shall not be treated as a termination of such
collective bargaining agreement.
(2) Individual plans.-- <<NOTE: 42 USC 300gg-52 note.>> The
amendment made by subsection (b) shall apply with respect to
health insurance coverage offered, sold, issued, renewed, in
effect, or operated in the individual market on or after the
date of enactment of this Act.
[[Page 112 STAT. 2681-439]]
This Act may be cited as the ``Departments of Labor, Health and
Human Services, and Education, and Related Agencies Appropriations Act,
1999''.
(g) For programs, projects or activities in the Department of
Transportation and Related Agencies Appropriations Act, 1999, provided
as follows, to be effective as if it had been enacted into law as the
regular appropriations Act:
TITLE I
DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY
Immediate Office of the Secretary
For necessary expenses of the Immediate Office of the Secretary,
$1,624,000.
Immediate Office of the Deputy Secretary
For necessary expenses of the Immediate Office of the Deputy
Secretary, $585,000.
Office of the General Counsel
For necessary expenses of the Office of the General Counsel,
$8,750,000.
Office of the Assistant Secretary for Policy
For necessary expenses of the Office of the Assistant Secretary for
Policy, $2,808,000.
Office of the Assistant Secretary for Aviation and International Affairs
For necessary expenses of the Office of the Assistant Secretary for
Aviation and International Affairs, $7,650,300: Provided, That
notwithstanding any other provision of law, there may be credited to
this appropriation up to $1,000,000 in funds received in user fees.
Office of the Assistant Secretary for Budget and Programs
For necessary expenses of the Office of the Assistant Secretary for
Budget and Programs, $6,349,000, including not to exceed $40,000 for
allocation within the Department for official reception and
representation expenses as the Secretary may determine.
Office of the Assistant Secretary for Governmental Affairs
For necessary expenses of the Office of the Assistant Secretary for
Governmental Affairs, $1,940,600.
[[Page 112 STAT. 2681-440]]
Office of the Assistant Secretary for Administration
For necessary expenses of the Office of the Assistant Secretary for
Administration, $19,721,600.
Office of Public Affairs
For necessary expenses of the Office of Public Affairs, $1,565,500.
Executive Secretariat
For necessary expenses of the Executive Secretariat, $1,046,900.
Board of Contract Appeals
For necessary expenses of the Board of Contract Appeals, $561,100.
Office of Small and Disadvantaged Business Utilization
For necessary expenses of the Office of Small and Disadvantaged
Business Utilization, $1,020,400.
Office of Intelligence and Security
For necessary expenses of the Office of Intelligence and Security,
$1,036,100.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information
Officer, $4,874,600.
Office of Intermodalism
For necessary expenses of the Office of Intermodalism, $956,900.
Office of Civil Rights
For necessary expenses of the Office of Civil Rights, $6,966,000.
Transportation Planning, Research, and Development
For necessary expenses for conducting transportation planning,
research, systems development, development activities, and making
grants, to remain available until expended, $9,000,000.
Transportation Administrative Service Center
Necessary expenses for operating costs and capital outlays of the
Transportation Administrative Service Center, not to exceed
$124,124,000, shall be paid from appropriations made available to the
Department of Transportation: Provided, That the preceding limitation
shall not apply to activities associated with departmental Year 2000
conversion activities: Provided further, That such services shall be
provided on a competitive basis to entities within the Department of
Transportation: Provided further, That the above
[[Page 112 STAT. 2681-441]]
limitation on operating expenses shall not apply to non-DOT entities:
Provided further, That no funds appropriated in this Act to an agency of
the Department shall be transferred to the Transportation Administrative
Service Center without the approval of the agency modal administrator:
Provided further, That no assessments may be levied against any program,
budget activity, subactivity or project funded by this Act unless notice
of such assessments and the basis therefor are presented to the House
and Senate Committees on Appropriations and are approved by such
Committees.
Minority Business Resource Center
For the cost of direct loans, $1,500,000, as authorized by 49 U.S.C.
332: Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional Budget
Act of 1974: Provided further, That these funds are available to
subsidize gross obligations for the principal amount of direct loans not
to exceed $13,775,000. In addition, for administrative expenses to carry
out the direct loan program, $400,000.
Minority Business Outreach
For necessary expenses of Minority Business Resource Center outreach
activities, $2,900,000, of which $2,635,000 shall remain available until
September 30, 2000: Provided, That notwithstanding 49 U.S.C. 332, these
funds may be used for business opportunities related to any mode of
transportation.
COAST GUARD
Operating Expenses
For necessary expenses for the operation and maintenance of the
Coast Guard, not otherwise provided for; purchase of not to exceed five
passenger motor vehicles for replacement only; payments pursuant to
section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and
section 229(b) of the Social Security Act (42 U.S.C. 429(b)); and
recreation and welfare; $2,700,000,000, of which $300,000,000 shall be
available for defense-related activities; and of which $25,000,000 shall
be derived from the Oil Spill Liability Trust Fund: Provided, That none
of the funds appropriated in this or any other Act shall be available
for pay or administrative expenses in connection with shipping
commissioners in the United States: Provided further, That none of the
funds provided in this Act shall be available for expenses incurred for
yacht documentation under 46 U.S.C. 12109, except to the extent fees are
collected from yacht owners and credited to this appropriation: Provided
further, That the Commandant shall reduce both military and civilian
employment levels for the purpose of complying with Executive Order No.
12839: Provided further, That up to $615,000 in user fees collected
pursuant to section 1111 of Public Law 104-324 shall be credited to this
appropriation as offsetting collections in fiscal year 1999: Provided
further, That the Secretary may transfer funds to this account, from
Federal Aviation Administration ``Operations'', not to exceed
$71,705,000 in total for the fiscal year,
[[Page 112 STAT. 2681-442]]
fifteen days after written notification to the House and Senate
Committees on Appropriations, solely for the purpose of providing
additional funds for drug interdiction activities: Provided further,
That none of the funds in this Act shall be available for the Coast
Guard to plan, finalize, or implement any regulation that would
promulgate new maritime user fees not specifically authorized by law
after the date of enactment of this Act.
Acquisition, Construction, and Improvements
For necessary expenses of acquisition, construction, renovation, and
improvement of aids to navigation, shore facilities, vessels, and
aircraft, including equipment related thereto, $395,465,000, of which
$20,000,000 shall be derived from the Oil Spill Liability Trust Fund; of
which $219,923,000 shall be available to acquire, repair, renovate or
improve vessels, small boats and related equipment, to remain available
until September 30, 2003; $35,700,000 shall be available to acquire new
aircraft and increase aviation capability, to remain available until
September 30, 2001; $36,569,000 shall be available for other equipment,
to remain available until September 30, 2001; $54,823,000 shall be
available for shore facilities and aids to navigation facilities, to
remain available until September 30, 2001; and $48,450,000 shall be
available for personnel compensation and benefits and related costs, to
remain available until September 30, 2000: Provided, That funds received
from the sale of HU-25 aircraft shall be credited to this appropriation
for the purpose of acquiring new aircraft and increasing aviation
capacity: Provided further, That the Commandant may dispose of surplus
real property by sale or lease and the proceeds shall be credited to
this appropriation, of which not more than $1,000,000 shall be credited
as offsetting collections to this account, to be available for the
purposes of this account: Provided further, That the amount herein
appropriated from the General Fund shall be reduced by such amount:
Provided further, That any proceeds from the sale or lease of Coast
Guard surplus real property in excess of $1,000,000 shall be retained
and remain available until expended, but shall not be available for
obligation until October 1, 1999: Provided further, That the Secretary,
with funds made available under this heading, acting through the
Commandant, may enter into a long-term Use Agreement with the City of
Homer for dedicated pier space on the Homer dock necessary to support
Coast Guard vessels when such vessels call on Homer, Alaska.
Environmental Compliance and Restoration
For necessary expenses to carry out the Coast Guard's environmental
compliance and restoration functions under chapter 19 of title 14,
United States Code, $21,000,000, to remain available until expended.
Alteration of Bridges
For necessary expenses for alteration or removal of obstructive
bridges, $14,000,000, to remain available until expended.
[[Page 112 STAT. 2681-443]]
Retired Pay
For retired pay, including the payment of obligations therefor
otherwise chargeable to lapsed appropriations for this purpose, and
payments under the Retired Serviceman's Family Protection and Survivor
Benefits Plans, and for payments for medical care of retired personnel
and their dependents under the Dependents Medical Care Act (10 U.S.C.
ch. 55), $684,000,000.
Reserve Training
For all necessary expenses of the Coast Guard Reserve, as authorized
by law; maintenance and operation of facilities; and supplies,
equipment, and services; $69,000,000: Provided, That no more than
$20,000,000 of funds made available under this heading may be
transferred to Coast Guard ``Operating expenses'' or otherwise made
available to reimburse the Coast Guard for financial support of the
Coast Guard Reserve: Provided further, That none of the funds in this
Act may be used by the Coast Guard to assess direct charges on the Coast
Guard Reserves for items or activities which were not so charged during
fiscal year 1997.
Research, Development, Test, and Evaluation
For necessary expenses, not otherwise provided for, for applied
scientific research, development, test, and evaluation; maintenance,
rehabilitation, lease and operation of facilities and equipment, as
authorized by law, $12,000,000, to remain available until expended, of
which $3,500,000 shall be derived from the Oil Spill Liability Trust
Fund: Provided, That there may be credited to and used for the purposes
of this appropriation funds received from State and local governments,
other public authorities, private sources, and foreign countries, for
expenses incurred for research, development, testing, and evaluation.
FEDERAL AVIATION ADMINISTRATION
Operations
Notwithstanding any other provision of law, for necessary expenses
of the Federal Aviation Administration, not otherwise provided for,
including operations and research activities related to commercial space
transportation, administrative expenses for research and development,
establishment of air navigation facilities, the operation (including
leasing) and maintenance of aircraft, subsidizing the cost of
aeronautical charts and maps sold to the public, and carrying out the
provisions of subchapter I of chapter 471 of title 49, United States
Code, or other provisions of law authorizing the obligation of funds for
similar programs of airport and airway development or improvement, lease
or purchase of passenger motor vehicles for replacement only, in
addition to
amounts made available by Public Law 104-264, $5,562,558,000 of which
$4,112,174,000 shall be derived from the Airport and Airway Trust Fund:
Provided, That none of the funds in this Act shall be available for the
Federal Aviation Administration to plan, finalize, or implement any
regulation that would promulgate new aviation user
[[Page 112 STAT. 2681-444]]
fees not specifically authorized by law after the date of enactment of
this Act: Provided further, That there may be credited to this
appropriation funds received from States, counties, municipalities,
foreign authorities, other public authorities, and private sources, for
expenses incurred in the provision of agency services, including
receipts for the maintenance and operation of air navigation facilities,
and for issuance, renewal or modification of certificates, including
airman, aircraft, and repair station certificates, or for tests related
thereto, or for processing major repair or alteration forms: Provided
further, That of the funds appropriated under this heading, $6,000,000
shall be for the contract tower cost-sharing program: Provided further,
That funds may be used to enter into a grant agreement with a nonprofit
standard-setting organization to assist in the development of aviation
safety standards: Provided further, That none of the funds in this Act
shall be available for new applicants for the second career training
program: Provided further, That none of the funds in this Act shall be
available for paying premium pay under 5 U.S.C. 5546(a) to any Federal
Aviation Administration employee unless such employee actually performed
work during the time corresponding to such premium pay: Provided
further, That none of the funds in this Act may be obligated or expended
to operate a manned auxiliary flight service station in the contiguous
United States: Provided further, That no more than $28,600,000 of funds
appropriated to the Federal Aviation Administration in this Act may be
used for activities conducted by, or coordinated through, the
Transportation Administrative Service Center (TASC): Provided further,
That none of the funds in this Act may be used for the Federal Aviation
Administration to enter into a multiyear lease greater than five years
in length or greater than $100,000,000 in value unless such lease is
specifically authorized by the Congress and appropriations have been
provided to fully cover the Federal Government's contingent liabilities:
Provided further, That none of the funds in this Act may be used for the
Federal Aviation Administration (FAA) to sign a lease for satellite
services related to the global positioning system (GPS) wide area
augmentation system until the administrator of the FAA certifies in
writing to the House and Senate Committees on Appropriations that FAA
has conducted a lease versus buy analysis which indicates that such
lease will result in the lowest overall cost to the agency.
Facilities and Equipment
Notwithstanding any other provision of law, for necessary expenses,
not otherwise provided for, for acquisition, establishment, and
improvement by contract or purchase, and hire of air navigation and
experimental facilities and equipment as authorized under part A of
subtitle VII of title 49, United States Code, including initial
acquisition of necessary sites by lease or grant; engineering and
service testing, including construction of test facilities and
acquisition of necessary sites by lease or grant; and construction and
furnishing of quarters and related accommodations for officers and
employees of the Federal Aviation Administration stationed at remote
localities where such accommodations are not available; and the
purchase, lease, or transfer of aircraft from funds available under this
head; to be derived from the Airport and Airway Trust Fund,
$1,900,000,000, of which $1,652,000,000 shall remain
[[Page 112 STAT. 2681-445]]
available until September 30, 2001, and of which $248,000,000 shall
remain available until September 30, 1999: Provided, That there may be
credited to this appropriation funds received from States, counties,
municipalities, other public authorities, and private sources, for
expenses incurred in the establishment and modernization of air
navigation facilities: Provided further, That none of the funds in this
Act or any other Act making appropriations for fiscal year 1999 may be
obligated for bulk explosive detection systems until 30 days after the
FAA Administrator certifies to the House and Senate Committees on
Appropriations, in writing, that the major air carriers responsible for
providing aircraft security at Category X airports have agreed to: (1)
begin assuming the operation and maintenance costs of such machines
beginning in fiscal year 1999; and (2) substantially increase the usage
of such machines above the level experienced as of April 1, 1998:
Provided further, That none of the funds provided under this heading for
``Next Generation Navigation Systems'' may be obligated or expended for
activities related to phase two or phase three of the wide area
augmentation system.
Research, Engineering, and Development
Notwithstanding any other provision of law, for necessary expenses,
not otherwise provided for, for research, engineering, and development,
as authorized under part A of subtitle VII of title 49, United States
Code, including construction of experimental facilities and acquisition
of necessary sites by lease or grant, $150,000,000, to be derived from
the Airport and Airway Trust Fund and to remain available until
September 30, 2001: Provided, That there may be credited to this
appropriation funds received from States, counties, municipalities,
other public authorities, and private sources, for expenses incurred for
research, engineering, and development.
Grants-in-Aid for Airports
Notwithstanding any other provision of law, for liquidation of
obligations incurred for grants-in-aid for airport planning and
development, and for noise compatibility planning and programs as
authorized under subchapter I of chapter 471 and subchapter I of chapter
475 of title 49, United States Code, and under other law authorizing
such obligations, $1,600,000,000, to be derived from the Airport and
Airway Trust Fund and to remain available until expended: Provided, That
none of the funds in this Act shall be available for the planning or
execution of programs the obligations for which are in excess of
$1,950,000,000 in fiscal year 1999 for grants-in-aid for airport
planning and development, and noise compatibility planning and programs,
notwithstanding section 47117(h) of title 49, United States Code:
Provided further, That no more than $975,000,000 of funds limited under
this heading may be obligated prior to the enactment of a bill extending
contract
[[Page 112 STAT. 2681-446]]
authorization for the Grants-in-Aid for Airports program to the third
and fourth quarters of fiscal year 1999.
Aviation Insurance Revolving Fund
The Secretary of Transportation is hereby authorized to make such
expenditures and investments, within the limits of funds available
pursuant to 49 U.S.C. 44307, and in accordance with section 104 of the
Government Corporation Control Act, as amended (31 U.S.C. 9104), as may
be necessary in carrying out the program for aviation insurance
activities under chapter 443 of title 49, United States Code.
Aircraft Purchase Loan Guarantee Program
<<NOTE: 49 USC 40113 note.>> None of the funds in this Act shall be
available for activities under this heading during fiscal year 1999.
FEDERAL HIGHWAY ADMINISTRATION
Limitation on General Operating Expenses
Necessary expenses for administration and operation of the Federal
Highway Administration not to exceed $327,413,000 shall be paid in
accordance with law from appropriations made available by this Act to
the Federal Highway Administration together with advances and
reimbursements received by the Federal Highway Administration: Provided
further, That $53,375,000 shall be available to carry out the functions
and operations of the office of motor carriers.
Federal-Aid Highways
<<NOTE: 23 USC 104 note.>> None of the funds in this Act shall be
available for the implementation or execution of programs, the
obligations for which are in excess of $25,511,000,000 for Federal-aid
highways and highway safety construction programs for fiscal year 1999:
Provided, That, notwithstanding any other provision of law, within the
$25,511,000,000 obligation limitation on Federal-aid highways and
highway safety construction programs, not more than $200,000,000 shall
be available for the implementation or execution of programs for
Intelligent Transportation Systems (Sections 5204, 5205, 5206, 5207,
5208, and 5209 of Public Law 105-178) for fiscal year 1999; not more
than $178,150,000 shall be available for the implementation or execution
of programs for transportation research (Sections 502, 503, 504, 506,
507, and 508 of title 23, United States Code, as amended; section 5505
of title 49, United States Code, as amended; and section 5112 of Public
Law 105-178) for fiscal year 1999; not more than $38,000,000 shall be
available for the implementation or execution of programs for Ferry Boat
and Ferry Terminal Facility Program (Section 1064 of the Intermodal
Surface Transportation Efficiency Act of 1991 (23 U.S.C. 129 note; 105
Stat. 2005) as amended)) for fiscal year 1999; not more than $15,000,000
shall be available for the implementation or execution of programs for
the Magnetic Levitation Transportation Technology Deployment
[[Page 112 STAT. 2681-447]]
Program (Section 1218 of Public Law 105-178) for fiscal year 1999, of
which not to exceed $500,000 shall be available to the Federal Railroad
Administration for administrative expenses and technical assistance in
connection with such program; not more than $31,000,000 shall be
available for the implementation or execution of programs for the Bureau
of Transportation Statistics (Section 111 of title 49, United States
Code) for fiscal year 1999: Provided further, That notwithstanding any
other provision of law, within the $25,511,000,000 obligation
limitation, $4,000,000 of the amounts made available as contract
authority under section 1221(e) of the Transportation Equity Act for the
21st Century (Public Law 105-178) shall be made available to carry out
section 5113 of that Act: Provided further, That within the $200,000,000
obligation limitation on Intelligent Transportation Systems, not less
than the following sums shall be made available for Intelligent
Transportation system projects in the following specified areas:
Amherst, Massachusetts, $1,000,000;
Arlington County, Virginia, $750,000;
Atlanta, Georgia, $2,000,000;
Brandon, Vermont, $375,000;
Buffalo, New York, $500,000;
Centre Valley, Pennsylvania, $500,000;
Cleveland, Ohio, $1,000,000;
Columbus, Ohio, $1,000,000;
Corpus Christi, Texas, $900,000;
Dade County, Florida, $1,000,000;
Del Rio, Texas, $1,000,000;
Delaware River, Pennsylvania, $1,000,000;
Fairfield, California, $1,000,000;
Fitchburg, Massachusetts, $500,000;
Greater metropolitan capital region, DC, $5,000,000;
Hammond, Louisiana, $4,000,000;
Houston, Texas, $2,000,000;
Huntington Beach, California, $1,000,000;
Huntsville, Alabama, $1,000,000;
Inglewood, California, $1,500,000;
Jackson, Mississippi, $1,000,000;
Kansas City, Missouri, $500,000;
Laredo, Texas, $1,000,000;
Middlesboro, Kentucky, $3,000,000;
Mission Viejo, California, $1,000,000;
Mobile, Alabama, $2,500,000;
Monroe County, New York, $400,000;
Montgomery, Alabama, $1,250,000;
Nashville, Tennessee, $500,000;
New Orleans, Louisiana, $1,500,000;
New York City, New York, $2,500,000;
New York/Long Island, New York, $2,300,000;
Oakland County, Michigan, $1,000,000;
Onandaga County, New York, $400,000;
Port Angeles, Washington, $500,000;
Raleigh-Wake County, North Carolina, $2,000,000;
Riverside, California, $1,000,000;
San Francisco, California, $1,500,000;
Scranton, Pennsylvania, $1,000,000;
Silicon Valley, California, $1,500,000;
Spokane, Washington, $450,000;
[[Page 112 STAT. 2681-448]]
Springfield, Virginia, $500,000;
St. Louis, Missouri, $750,000;
State of Alaska, $1,500,000;
State of Idaho, $1,000,000;
State of Maryland, $2,500,000;
State of Minnesota, $7,100,000;
State of Mississippi, $1,000,000;
State of Missouri, $500,000;
State of Montana, $700,000;
State of Nevada, $575,000;
State of New Jersey, $3,000,000;
State of New Mexico, $1,000,000;
State of New York, $2,500,000;
State of North Dakota, $1,450,000;
Commonwealth of Pennsylvania, $14,000,000;
State of Texas, $1,000,000;
State of Utah, $3,600,000;
State of Washington, $2,000,000;
State of Wisconsin, $1,500,000;
Temucula, California, $250,000;
Tucson, Arizona, $1,000,000;
Volusia County, Florida, $1,000,000;
Warren County, Virginia, $250,000;
Wausau-Stevens Point-Wisconsin Rapids, Wisconsin,
$1,000,000;
Westchester and Putnam Counties, New York, $500,000; and
White Plains, New York, $1,000,000.
Federal-Aid Highways
Notwithstanding any other provision of law, for carrying out the
provisions of title 23, U.S.C., that are attributable to Federal-aid
highways, including the National Scenic and Recreational Highway as
authorized by 23 U.S.C. 148, not otherwise provided, including
reimbursement for sums expended pursuant to the provisions of 23 U.S.C.
308, $24,000,000,000 or so much thereof as may be available in and
derived from the Highway Trust Fund, to remain available until expended.
Motor Carrier Safety Grants
Notwithstanding any other provision of law, for payment of
obligations incurred in carrying out 49 U.S.C. 31102, $100,000,000, to
be derived from the Highway Trust Fund and to remain available until
expended: Provided, That none of the funds in this Act shall be
available for the implementation or execution of programs the
obligations for which are in excess of $100,000,000 for ``Motor Carrier
Safety Grants''.
[[Page 112 STAT. 2681-449]]
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
Operations and Research
For expenses necessary to discharge the functions of the Secretary,
to be derived from the Highway Trust Fund, $87,400,000 for traffic and
highway safety under chapter 301 of title 49, U.S.C., and part C of
subtitle VI of title 49, U.S.C., of which $58,558,000 shall remain
available until September 30, 2001: Provided, That none of the funds
appropriated by this Act may be obligated or expended to plan, finalize,
or implement any rulemaking to add to section 575.104 of title 49 of the
Code of Federal Regulations any requirement pertaining to a grading
standard that is different from the three grading standards (treadwear,
traction, and temperature resistance) already in effect.
Operations and Research
Notwithstanding any other provision of law, for payment of
obligations incurred in carrying out the provisions of 23 U.S.C. 403, to
remain available until expended, $72,000,000, to be derived from the
Highway Trust Fund: Provided, That none of the funds in this Act shall
be available for the planning or execution of programs the total
obligations for which, in fiscal year 1999, are in excess of $72,000,000
for programs authorized under 23 U.S.C. 403.
National Driver Register
For expenses necessary to discharge the functions of the Secretary
with respect to the National Driver Register under chapter 303 of title
49, United States Code, $2,000,000 to be derived from the Highway Trust
Fund, and to remain available until expended.
Highway Traffic Safety Grants
Notwithstanding any other provision of law, for payment of
obligations incurred in carrying out the provisions of 23 U.S.C. 402,
405, 410, and 411 to remain available until expended, $200,000,000, to
be derived from the Highway Trust Fund: Provided, That none of the funds
in this Act shall be available for the planning or execution of programs
the total obligations for which, in fiscal year 1999, are in excess of
$200,000,000 for programs authorized under 23 U.S.C. 402, 405, 410, and
411 of which
[[Page 112 STAT. 2681-450]]
$150,000,000 shall be for ``Highway Safety Programs'' under 23 U.S.C.
402, $10,000,000 shall be for ``Occupant Protection Incentive Grants''
under 23 U.S.C. 405, $35,000,000 shall be for ``Alcohol-Impaired Driving
Countermeasures Grants'' under 23 U.S.C. 410, $5,000,000 shall be for
the ``State Highway Safety Data Grants'' under 23 U.S.C. 411: Provided
further, That none of these funds shall be used for construction,
rehabilitation, or remodeling costs, or for office furnishings and
fixtures for State, local, or private buildings or structures: Provided
further, That not to exceed $7,500,000 of the funds made available for
section 402, not to exceed $500,000 of the funds made available for
section 405, not to exceed $1,750,000 of the funds made available for
section 410, and not to exceed $193,000 of the funds made available for
section 411 shall be available to NHTSA for administering highway safety
grants under Chapter 4 of title 23, U.S.C.: Provided further, That not
to exceed $500,000 of the funds made available for section 410
``Alcohol-Impaired Driving Countermeasures Grants'' shall be available
for technical assistance to the States.
FEDERAL RAILROAD ADMINISTRATION
Office of the Administrator
For necessary expenses of the Federal Railroad Administration, not
otherwise provided for, $21,215,000, of which $1,784,000 shall remain
available until expended: <<NOTE: 40 USC 817 note.>> Provided, That, as
part of the Washington Union Station transaction in which the Secretary
assumed the first deed of trust on the property and, where the Union
Station Redevelopment Corporation or any successor is obligated to make
payments on such deed of trust on the Secretary's behalf, including
payments on and after September 30, 1988, the Secretary is authorized to
receive such payments directly from the Union Station Redevelopment
Corporation, credit them to the appropriation charged for the first deed
of trust, and make payments on the first deed of trust with those funds:
Provided further, That such additional sums as may be necessary for
payment on the first deed of trust may be advanced by the Administrator
from unobligated balances available to the Federal Railroad
Administration, to be reimbursed from payments received from the Union
Station Redevelopment Corporation.
Railroad Safety
For necessary expenses in connection with railroad safety, not
otherwise provided for, $61,488,000, of which $3,825,000 shall remain
available until expended: Provided, That notwithstanding any other
provision of law, funds appropriated under this heading are available
for the reimbursement of out-of-state travel and per diem costs incurred
by employees of State governments directly supporting the Federal
railroad safety program, including regulatory development and
compliance-related activities.
Railroad Research and Development
For necessary expenses for railroad research and development,
$22,364,000, to remain available until expended: Provided, That the
Secretary is authorized to sell aluminum reaction rail, power rail base,
and other related materials located at the Transportation
[[Page 112 STAT. 2681-451]]
Technology Center, near Pueblo, Colorado, and shall credit the receipts
from such sale to this account, notwithstanding 31 U.S.C. 3302, to
remain available until expended.
Railroad Rehabilitation and Improvement Program
The Secretary of Transportation is authorized to issue to the
Secretary of the Treasury notes or other obligations pursuant to section
512 of the Railroad Revitalization and Regulatory Reform Act of 1976
(Public Law 94-210), as amended, in such amounts and at such times as
may be necessary to pay any amounts required pursuant to the guarantee
of the principal amount of obligations under sections 511 through 513 of
such Act, such authority to exist as long as any such guaranteed
obligation is outstanding: Provided, That pursuant to section 502 of
such Act, as amended, no new direct loans or loan guarantee commitments
shall be made using Federal funds for the credit risk premium during
fiscal year 1999.
Next Generation High-Speed Rail
For necessary expenses for the Next Generation High-Speed Rail
program as authorized under 49 United States Code sections 26101 and
26102, $20,494,000, to remain available until expended.
Alaska Railroad Rehabilitation
To enable the Secretary of Transportation to make grants to the
Alaska Railroad, $10,000,000 shall be for capital rehabilitation and
improvements benefiting its passenger operations.
Rhode Island Rail Development
For the costs associated with construction of a third track on the
Northeast Corridor between Davisville and Central Falls, Rhode Island,
with sufficient clearance to accommodate double stack freight cars,
$5,000,000 to be matched by the State of Rhode Island or its designee on
a dollar-for-dollar basis and to remain available until expended.
Capital Grants to the National Railroad Passenger Corporation
For necessary expenses of capital improvements of the National
Railroad Passenger Corporation as authorized by U.S.C. 24104(a),
$609,230,000, to remain available until expended.
FEDERAL TRANSIT ADMINISTRATION
Administrative Expenses
For necessary administrative expenses of the Federal Transit
Administration's programs authorized by chapter 53 of title 49, United
States Code, $10,800,000, to remain available until expended: Provided,
That no more than $54,000,000 of budget authority shall be available for
these purposes: Provided further, That of the funds in this Act
available for the execution of contracts under section 5327(c) of title
49, United States Code, $800,000 shall be transferred to the Department
of Transportation Inspector
[[Page 112 STAT. 2681-452]]
General for costs associated with the audit and review of new fixed
guideway systems.
Formula Grants
For necessary expenses to carry out 49 U.S.C. 5307, 5308, 5310,
5311, 5327, and section 3038 of Public Law 105-178, $570,000,000, to
remain available until expended: Provided, That no more than
$2,850,000,000 of budget authority shall be available for these
purposes: Provided further, That notwithstanding section 3008 of Public
Law 105-178, the $50,000,000 to carry out 49 U.S.C. 5308 shall be
transferred to and merged with funding provided for the replacement,
rehabilitation, and purchase of buses and related equipment and the
construction of bus-related facilities under ``Federal Transit
Administration, Capital investment grants''.
University Transportation Research
For necessary expenses to carry out 49 U.S.C. 5505, $1,200,000, to
remain available until expended: Provided, That no more than $6,000,000
of budget authority shall be available for these purposes.
Transit Planning and Research
For necessary expenses to carry out 49 U.S.C. 5303, 5304, 5305,
5311(b)(2), 5312, 5313(a), 5314, 5315, and 5322, $19,800,000, to remain
available until expended: Provided, That no more than $98,000,000 of
budget authority shall be available for these purposes: Provided
further, That $5,250,000 is available to provide rural transportation
assistance (49 U.S.C. 5311(b)(2)); $4,000,000 is available to carry out
programs under the National Transit Institute (49 U.S.C. 5315);
$8,250,000 is available to carry out transit cooperative research
programs (49 U.S.C. 5313(a)); $43,841,600 is available for metropolitan
planning (49 U.S.C. 5303, 5304, and 5305);
$9,158,400 is available for state planning (49 U.S.C. 5313(b)); and
$27,500,000 is available for the national planning and research program
(49 U.S.C. 5314): Provided further, That of the total budget authority
made available for the national planning and research program, the
Federal Transit Administration shall provide the following amounts for
the projects and activities listed below:
City of Branson, MO congestion study, $450,000;
Skagit County, WA North Sound connecting communities
project, Skagit County Council of Governments, $50,000;
Desert air quality comprehensive analysis, Las Vegas, NV,
$1,000,000;
Vegetation control on rail rights-of-way survey, $250,000;
Zinc-air battery bus technology demonstration, $1,500,000;
North Orange-South Seminole County, FL fixed guideway
technology, $750,000;
Galveston, TX fixed guideway activities, $750,000;
Washoe County, NV transit technology, $1,250,000;
Massachusetts Bay Transit Authority advanced electric
transit buses and related infrastructure, $1,500,000;
Palm Springs, CA fuel cell buses, $1,000,000;
Gloucester, MA intermodal technology center, $1,500,000;
Southeastern Pennsylvania Transit Authority advanced
propulsion control system, $2,000,000;
[[Page 112 STAT. 2681-453]]
Project ACTION, $3,000,000;
Advanced transportation and alternative fuel vehicle
technology consortium (CALSTART), $2,000,000;
Rural transportation assistance program, $750,000;
JOBLINKS, $1,000,000;
Fleet operations, including bus rapid transit, $1,500,000;
Northern tier community transportation, Massachusetts,
$500,000;
Hennepin County community transportation, Minnesota,
$1,000,000; and
Seattle, Washington livable city, $200,000.
Trust Fund Share of Expenses
Notwithstanding any other provision of law, for payment of
obligations incurred in carrying out 49 U.S.C. 5303-5308, 5310-5315,
5317(b), 5322, 5327, 5334, 5505, and sections 3037 and 3038 of Public
Law 105-178, $4,251,800,000, to remain available until expended and to
be derived from the Mass Transit Account of the Highway Trust Fund:
Provided, That $2,280,000,000 shall be paid to the Federal Transit
Administration's formula grants account: Provided further, That
$78,200,000 shall be paid to the Federal Transit Administration's
transit planning and research account: Provided further, That
$43,200,000 shall be paid to the Federal Transit Administration's
administrative expenses account: Provided further, That $4,800,000 shall
be paid to the Federal Transit Administration's university
transportation research account: Provided further, That $40,000,000
shall be paid to the Federal Transit Administration's job access and
reverse commute grants program: Provided further, That $1,805,600,000
shall be paid to the Federal Transit Administration's Capital Investment
Grants account.
Capital Investment Grants
For necessary expenses to carry out 49 U.S.C. 5308, 5309, 5318, and
5327, $451,400,000, to remain available until expended: Provided, That
no more than $2,257,000,000 of budget authority shall be available for
these purposes: Provided further, That notwithstanding any other
provision of law, there shall be available for fixed guideway
modernization, $902,800,000; there shall be available for the
replacement, rehabilitation, and purchase of buses and related equipment
and the construction of bus-related facilities, $451,400,000, together
with $50,000,000 transferred from ``Federal Transit Administration,
Formula grants'', to be available for the following projects in amounts
specified below:
----------------------------------------------------------------------------------------------------------------
No. State Project Conference
----------------------------------------------------------------------------------------------------------------
1 Alaska Anchorage Ship Creek intermodal facility......... $4,300,000
2 Alaska Fairbanks intermodal rail/bus transfer facility.. 2,000,000
3 Alaska North Slope Borough buses........................ 500,000
4 Alaska Whittier intermodal facility and pedestrian 700,000
overpass.
[[Page 112 STAT. 2681-454]]
5 Alabama Birmingham intermodal facility................... 2,000,000
6 Alabama Birmingham-Jefferson County, buses............... 1,250,000
7 Alabama Dothan Wiregrass Transit Authority demand 500,000
response shuttle vehicles and transit facility.
8 Alabama Huntsville, intermodal space centers............. 5,000,000
9 Alabama Huntsville, transit facility..................... 1,000,000
10 Alabama Jasper buses..................................... 50,000
11 Alabama Lee-Russell Council buses........................ 790,000
12 Alabama Mobile, GM&O building............................ 5,000,000
13 Alabama Montgomery Union Station intermodal center and 5,000,000
buses.
14 Alabama Pritchard, bus transfer facility................. 500,000
15 Alabama Tuscaloosa, intermodal center.................... 1,950,000
16 Alabama University of North Alabama pedestrian walkways.. 800,000
17 Arkansas Arkansas Highway and Transit Department buses.... 200,000
18 Arkansas Fayetteville, University of Arkansas Transit 500,000
System buses.
19 Arkansas Hot Springs, transportation depot and plaza...... 560,000
20 Arkansas Little Rock, Central Arkansas Transit buses...... 300,000
21 Arkansas Statewide bus needs.............................. 1,500,000
22 Arizona Phoenix bus and bus facilities................... 4,000,000
23 Arizona Tucson alternatively fueled buses................ 2,000,000
24 Arizona Tucson intermodal facility....................... 1,000,000
25 California Central Contra Costa County transit vans......... 200,000
26 California Culver City, CityBus buses....................... 1,250,000
27 California Davis, Unitrans transit maintenance facility..... 625,000
28 California Davis/Sacramento area hydrogen bus technology 950,000
program.
29 California Folsom multimodal facility....................... 1,000,000
30 California Healdsburg, intermodal facility.................. 1,000,000
31 California Humboldt, intermodal facility.................... 1,000,000
32 California Huntington Beach buses........................... 200,000
33 California I-5 corridor intermodal transit centers.......... 2,500,000
34 California Lake Tahoe intermodal transit center............. 500,000
35 California Livermore automatic vehicle locator program...... 1,000,000
36 California Los Angeles County Metropolitan transportation 3,000,000
authority buses.
37 California Los Angeles Foothills Transit maintenance 1,000,000
facility.
38 California Los Angeles municipal transit operators 2,500,000
consortium.
39 California Los Angeles, Union Station Gateway Intermodal 1,250,000
Transit Center.
40 California Modesto, bus maintenance facility................ 1,355,000
41 California Monterey, Monterey-Salinas buses................. 625,000
42 California Morongo Basin, Transit Authority bus facility.... 650,000
43 California North San Diego County transit district buses.... 1,750,000
44 California Perris, bus maintenance facility................. 1,250,000
45 California Riverside Transit Agency buses and facilities and 1,000,000
ITS applications.
46 California Sacramento, CNG buses............................ 1,250,000
47 California San Bernardino buses............................. 1,000,000
48 California San Diego City College multimodal center (12th 1,000,000
Avenue/College Station).
49 California San Fernando Valley smart shuttle buses.......... 300,000
50 California San Francisco, Islais Creek maintenance facility. 1,250,000
51 California San Joaquin (Stockton) buses and bus facilities.. 1,000,000
52 California Santa Clara Valley Transportation Authority buses 1,000,000
and bus facilities.
53 California Santa Clarita transit maintenance facility....... 2,250,000
54 California Santa Cruz metropolitan bus facilities........... 625,000
55 California Santa Cruz transit facility...................... 1,000,000
56 California Santa Rosa/Cotati, and Rohnert Park facilities... 750,000
57 California Santa Rosa/Cotati, intermodal transportation 750,000
facilities.
58 California Solano Links intercity transit consortium........ 1,000,000
59 California Ukiah Transit Center............................. 500,000
60 California Windsor, Intermodal Facility..................... 750,000
61 California Woodland Hills, Warner Center Transportation Hub. 325,000
[[Page 112 STAT. 2681-455]]
62 California Yolo County, bus facility........................ 1,200,000
63 Colorado Boulder/Denver, RTD buses........................ 625,000
64 Colorado Colorado buses and bus facilities................ 6,800,000
65 Colorado Denver, Stapleton Intermodal Center.............. 1,250,000
66 Connecticut Hartford, Transportation Access Project.......... 800,000
67 Connecticut New Haven, bus facility.......................... 2,250,000
68 Connecticut Norwich, buses................................... 2,250,000
69 Connecticut Waterbury, bus facility.......................... 2,250,000
70 District/Columbia Fuel cell bus and bus facilities program (section 4,850,000
3015(b)).
71 District/Columbia Washington, D.C. Intermodal Transportation Center 2,500,000
72 Delaware Delaware statewide buses......................... 1,000,000
73 Florida Broward County, buses............................ 1,000,000
74 Florida Clearwater multimodal facility................... 2,500,000
75 Florida Daytona Beach, Intermodal Center................. 2,500,000
76 Florida Gainesville buses and equipment.................. 1,500,000
77 Florida Jacksonville buses and bus facilities............ 1,000,000
78 Florida Lakeland, Citrus Connection transit vehicles and 1,250,000
related equipment.
79 Florida Lynx buses and bus facilities.................... 1,000,000
80 Florida Miami, bus security and surveillance............. 1,000,000
81 Florida Miami Beach multimodal transit center............ 1,000,000
82 Florida Miami Beach, Electric Shuttle Service............ 750,000
83 Florida Miami-Dade, buses................................ 2,250,000
84 Florida Orlando, Intermodal Facility..................... 2,500,000
85 Florida Tampa Hartline buses............................. 1,250,000
86 Georgia Atlanta, MARTA buses............................. 12,000,000
87 Georgia Savannah/Chatham Area transit bus transfer 3,500,000
centers and buses.
88 Hawaii Honolulu, bus facility and buses................. 3,250,000
89 Illinois Illinois statewide buses and bus-related 6,800,000
equipment.
90 Illinois Rock Island, buses............................... 2,500,000
91 Indiana City of East Chicago buses....................... 200,000
92 Indiana Gary, Transit Consortium buses................... 1,250,000
93 Indiana Indianapolis, buses.............................. 5,000,000
94 Indiana South Bend, Urban Intermodal Transportation 1,250,000
Facility.
95 Iowa Fort Dodge, Intermodal Facility (Phase II)....... 885,000
96 Iowa Iowa statewide buses and bus facilities.......... 3,000,000
97 Iowa Iowa/Illinois Transit Consortium bus safety and 1,000,000
security.
98 Iowa Sioux City park and ride bus facility............ 1,800,000
99 Kansas Johnson County bus maintenance/operations 2,000,000
facility.
100 Kentucky Louisville, Kentucky University of Louisville and 3,000,000
River City buses.
101 Kentucky Northern Kentucky Area Development District 100,000
senior citizen buses.
102 Kentucky Owensboro buses.................................. 200,000
103 Kentucky Southern and eastern Kentucky buses and bus 2,000,000
facilities.
104 Louisiana Statewide buses and bus-related facilities....... 11,000,000
105 Massachusetts Essex and Middlesex buses........................ 3,128,000
106 Massachusetts New Bedford/Fall River Mobile Access to health 250,000
care.
107 Massachusetts Pittsfield intermodal center..................... 4,600,000
108 Massachusetts Springfield, Union Station....................... 1,250,000
109 Massachusetts Westfield intermodal center...................... 2,000,000
110 Massachusetts Worcester, Union Station Intermodal 2,500,000
Transportation Center.
111 Maryland Maryland statewide bus facilities and buses...... 10,000,000
112 Michigan Lansing, CATA bus technology improvements........ 600,000
113 Michigan Michigan statewide buses......................... 10,000,000
114 Minnesota Duluth, Transit Authority community circulation 1,000,000
vehicles.
115 Minnesota Duluth, Transit Authority intelligent 500,000
transportation systems.
116 Minnesota Duluth, Transit Authority Transit Hub............ 500,000
[[Page 112 STAT. 2681-456]]
117 Minnesota Northstar Corridor, Intermodal Facilities and 6,000,000
buses.
118 Minnesota Twin Cities area metro transit buses and bus 9,500,000
facilities.
119 Missouri Kansas City Union Station redevelopment.......... 2,500,000
120 Missouri OATS Transit..................................... 2,500,000
121 Missouri Southwest Missouri State University park and ride 1,000,000
facility.
122 Missouri St. Louis, Bi-state Intermodal Center............ 1,250,000
123 Missouri Statewide bus and bus facilities................. 4,500,000
124 Mississippi Harrison County multimodal center/hybrid electric 1,900,000
shuttle buses.
125 Mississippi High Street, Jackson intermodal center........... 2,000,000
126 Mississippi Jackson buses and facilities..................... 1,600,000
127 Montana Butte bus replacements........................... 1,500,000
128 Nevada Clark County Regional Transportation Commission 2,615,000
buses and bus facilities.
129 Nevada Reno, RTC transit passenger and facility security 1,250,000
improvements.
130 Nevada Washoe County, transit improvements.............. 2,250,000
131 New Hampshire Berlin Tri-County Community Action transit garage 120,000
132 New Hampshire Carroll County transportation alliance buses..... 200,000
133 New Hampshire Concord Area Transit buses....................... 750,000
134 New Hampshire Greater Laconia Transit Agency buses............. 450,000
135 New Hampshire Keene HCS community care buses and equipment..... 100,000
136 New Hampshire Lebanon advance transit buses.................... 150,000
137 New Hampshire Statewide transit systems........................ 1,000,000
138 New Jersey New Jersey Transit jitney shuttle buses.......... 1,750,000
139 New Jersey Newark, Morris & Essex Station access and buses.. 1,250,000
140 New Jersey South Amboy, Regional Intermodal Transportation 1,250,000
Initiative.
141 New Jersey Statewide alternatively fueled vehicles.......... 7,500,000
142 New Mexico Albuquerque, buses, paratransit vehicles, and bus 3,750,000
facility.
143 New Mexico Northern New Mexico park and ride facilities..... 2,000,000
144 New York Babylon, Intermodal Center....................... 1,250,000
145 New York Brookhaven Town, elderly and disabled buses and 225,000
vans.
146 New York Brooklyn-Staten Island, Mobility Enhancement 800,000
buses.
147 New York Broome County buses and fare collection equipment 900,000
148 New York Buffalo, Auditorium Intermodal Center............ 3,000,000
149 New York Dutchess County, Loop System buses............... 521,000
150 New York East Hampton, elderly and disabled buses and vans 100,000
151 New York Ithaca, TCAT bus technology improvements......... 1,250,000
152 New York Long Beach central bus facility.................. 750,000
153 New York Long Island, CNG transit vehicles and facilities 1,250,000
and bus replacement.
154 New York Mineola/Hicksville, LIRR Intermodal Centers...... 1,250,000
155 New York Nassau County CNG buses.......................... 1,000,000
156 New York New York City Midtown West Ferry Terminal........ 1,500,000
157 New York New York, West 72nd St. Intermodal Station....... 1,750,000
158 New York Niagara Frontier Transportation Authority Hublink 500,000
159 New York Rensselaer intermodal bus facility............... 1,000,000
160 New York Riverhead, elderly and disabled buses and vans... 125,000
161 New York Rochester central bus facility................... 1,000,000
162 New York Rome, Intermodal Center.......................... 400,000
163 New York Shelter Island, elderly and disabled buses and 100,000
vans.
164 New York Smithtown, elderly and disabled buses and vans... 125,000
165 New York Southampton, elderly and disabled buses and vans. 125,000
166 New York Southold, elderly and disabled buses and vans.... 100,000
167 New York Suffolk County, elderly and disabled buses and 100,000
vans.
168 New York Syracuse CNG buses and facilities................ 2,000,000
[[Page 112 STAT. 2681-457]]
169 New York Ulster County bus facilities and equipment....... 1,000,000
170 New York Utica and Rome, bus facilities and buses......... 500,000
171 New York Utica, Union Station............................. 2,100,000
172 New York Westchester County, Bee-Line transit system 979,000
fareboxes.
173 New York Westchester County, Bee-Line transit system 1,000,000
shuttle buses.
174 New York Westchester County, DOT articulated buses........ 1,250,000
175 North Carolina Greensboro, Multimodal Center.................... 3,340,000
176 North Carolina Greensboro, Transit Authority buses.............. 1,500,000
177 North Carolina Greensboro, Transit Authority small buses and 321,000
vans.
178 North Carolina Statewide buses and bus facilities............... 5,000,000
179 North Dakota Statewide buses and bus-related facilities....... 2,000,000
180 Ohio Cleveland, Triskett Garage bus maintenance 625,000
facility.
181 Ohio Dayton, Multimodal Transportation Center......... 625,000
182 Ohio Statewide buses and bus facilities............... 12,000,000
183 Ohio Toledo Mud Hens transit center study............. 200,000
184 Oklahoma Oklahoma statewide bus facilities and buses...... 5,000,000
185 Oregon Lane County, Bus Rapid Transit................... 4,400,000
186 Oregon Portland, Tri-Met buses.......................... 1,750,000
187 Oregon Rogue Valley transit district bus purchase....... 1,000,000
188 Oregon Salem area mass transit system buses............. 1,000,000
189 Oregon Wilsonville, buses and shelters.................. 400,000
190 Pennsylvania Altoona bus testing facility (section 3009)...... 3,000,000
191 Pennsylvania Altoona, Metro Transit Authority buses and 842,000
transit system improvements.
192 Pennsylvania Altoona, Metro Transit Authority Logan Valley 80,000
Mall Suburban Transfer Center.
193 Pennsylvania Altoona, Metro Transit Authority Transit Center 424,000
improvements.
194 Pennsylvania Altoona, pedestrian crossover.................... 800,000
195 Pennsylvania Armstrong County-Mid-County, PA bus facilities 150,000
and buses.
196 Pennsylvania Beaver County bus facility....................... 1,000,000
197 Pennsylvania Bradford County, Endless Mountain Transportation 1,000,000
Authority buses.
198 Pennsylvania Cambria County, bus facilities and buses......... 575,000
199 Pennsylvania Centre Area, Transportation Authority buses...... 1,250,000
200 Pennsylvania Chambersburg, Transit Authority buses............ 300,000
201 Pennsylvania Chambersburg, Transit Authority Intermodal Center 1,000,000
202 Pennsylvania Chester County, Paoli Transportation Center...... 1,000,000
203 Pennsylvania Crawford Area, Transportation buses.............. 500,000
204 Pennsylvania Erie, Metropolitan Transit Authority buses....... 1,000,000
205 Pennsylvania Fayette County, Intermodal Facilities and buses.. 1,270,000
206 Pennsylvania Lackawanna County, Transit System buses.......... 600,000
207 Pennsylvania Mercer County, buses............................. 750,000
208 Pennsylvania Monroe County, Transportation Authority buses.... 1,000,000
209 Pennsylvania Philadelphia, Frankford Transportation Center.... 5,000,000
210 Pennsylvania Philadelphia, Intermodal 30th Street Station..... 1,250,000
211 Pennsylvania Philadelphia, Regional Transportation System for 750,000
Elderly and Disabled.
212 Pennsylvania Reading, BARTA Intermodal Transportation Facility 1,750,000
213 Pennsylvania Red Rose, Transit Bus Terminal................... 1,000,000
214 Pennsylvania Robinson, Towne Center Intermodal Facility....... 1,500,000
215 Pennsylvania Schuylkill County buses.......................... 220,000
216 Pennsylvania Somerset County, bus facilities and buses........ 175,000
217 Pennsylvania Towamencin Township, Intermodal Bus 1,500,000
Transportation Center.
218 Pennsylvania Washington County, Intermodal Facilities......... 630,000
219 Pennsylvania Westmoreland County, Intermodal Facility......... 200,000
220 Pennsylvania Wilkes-Barre, Intermodal Facility................ 1,250,000
221 Pennsylvania Williamsport, Bus Facility....................... 1,200,000
222 Puerto Rico San Juan Intermodal access....................... 950,000
223 Rhode Island Providence, buses and bus maintenance facility... 2,250,000
224 Rhode Island Rhode Island Public Transit Authority buses...... 3,200,000
225 South Carolina Columbia Bus replacement......................... 1,100,000
[[Page 112 STAT. 2681-458]]
226 South Carolina Pee Dee buses and facilities..................... 1,250,000
227 South Carolina South Carolina statewide Virtual Transit 1,220,000
Enterprise.
228 South Carolina Spartanburg buses and facilities................. 1,000,000
229 South Dakota Computerized bus dispatch system, radios, money 800,000
boxes, and lift replacements.
230 South Dakota Sioux Falls buses................................ 1,000,000
231 South Dakota South Dakota statewide bus facilities and buses.. 3,500,000
232 Tennessee Statewide buses and bus facilities............... 2,000,000
233 Texas Austin, buses.................................... 2,250,000
234 Texas Brazos Transit Authority buses and facilities.... 1,500,000
235 Texas Corpus Christi transit authority buses and 1,000,000
facilities.
236 Texas Dallas Area Rapid transit buses.................. 2,750,000
237 Texas Fort Worth bus and paratransit vehicle project... 2,500,000
238 Texas Galveston buses and bus facilities............... 1,000,000
239 Texas Texas statewide small urban and rural buses...... 6,000,000
240 Utah Ogden, Intermodal Center......................... 800,000
241 Utah Utah Hybrid electric vehicle bus purchase........ 1,500,000
242 Utah Utah Transit Authority, Intermodal Facilities.... 1,500,000
243 Utah Utah Transit Authority/Park City Transit, buses.. 6,500,000
244 Vermont Brattleboro Union Station multimodal center...... 2,500,000
245 Vermont Burlington intermodal center..................... 1,000,000
246 Vermont Deerfield Valley Transit authority............... 500,000
247 Virginia Alexandria, bus maintenance facility and Crystal 1,000,000
City canopy project.
248 Virginia Alexandria, King Street Station access........... 1,100,000
249 Virginia Harrisonburg, buses.............................. 200,000
250 Virginia Lynchburg, buses................................. 200,000
251 Virginia Richmond, GRTC bus maintenance facility.......... 1,250,000
252 Virginia Roanoke, buses................................... 200,000
253 Virginia Statewide buses and bus facilities............... 10,000,000
254 Washington Anacortes ferry terminal information system...... 500,000
255 Washington Ben Franklin transit operating facility.......... 1,000,000
256 Washington Bremerton transportation center.................. 1,000,000
257 Washington Central Puget Sound Seattle bus program.......... 8,000,000
258 Washington Chelan-Douglas multimodal center................. 900,000
259 Washington Everett, Multimodal Transportation Center........ 1,950,000
260 Washington Grant County, buses and vans..................... 600,000
261 Washington Mount Vernon, Multimodal Center.................. 1,750,000
262 Washington Port Angeles center.............................. 1,000,000
263 Washington Seattle, Intermodal Transportation Terminal...... 1,250,000
264 Washington Snohomish County, Community transit buses........ 1,000,000
265 Washington Tacoma Dome, buses and bus facilities............ 1,750,000
266 Washington Thurston County intercity buses.................. 1,000,000
267 Washington Vancouver, Clark County (C-Tran) bus facilities.. 1,000,000
268 Wisconsin Milwaukee County, buses.......................... 4,000,000
269 Wisconsin Wisconsin statewide bus facilities and buses..... 12,875,000
270 West Virginia Huntington, Intermodal Facility.................. 8,000,000
271 West Virginia West Virginia statewide Intermodal Facility and 6,500,000
buses.
----------------------------------------------------------------------------------------------------------------
and there shall be available for new fixed guideway systems,
$902,800,000, to be available as follows:
$10,400,000 for the Alaska or Hawaii ferry projects;
$5,000,000 for the Albuquerque light rail project;
$52,110,000 for the Atlanta-North Springs project;
$1,000,000 for the Austin Capital metro project;
$500,000 for the Baltimore central downtown transit
alternatives major investment study;
$1,000,000 for the Baltimore light rail double track
project;
$1,000,000 for the Birmingham, Alabama alternatives analysis
study and preliminary engineering;
$500,000 for the Boston North-South rail link project;
$750,000 for the Boston urban ring project;
[[Page 112 STAT. 2681-459]]
$2,000,000 for the Burlington-Essex, Vermont commuter rail
project;
$2,200,000 for the Canton-Akron-Cleveland commuter rail
project;
$2,200,000 for the Charleston, South Carolina monobeam rail
project;
$3,000,000 for the Charlotte, North Carolina South-North
corridor transitway project;
$6,000,000 for the Chicago Metra commuter rail extensions
and upgrades project;
$3,000,000 for the Chicago Transit Authority Ravenswood and
Douglas branch lines projects: Provided, That recognizing the
nature of these projects, of the requirements of 49 U.S.C.
section 5309(e), only sections 5309(e)(1)(C) and 5309(e)(4)
shall apply;
$1,800,000 for the Cincinnati Northeast/Northern Kentucky
rail line project;
$4,000,000 for the Clark County, Nevada fixed guideway
project;
$1,000,000 for the Cleveland Berea Red Line extension to the
Hopkins International Airport project;
$2,000,000 for the Cleveland Euclid corridor improvement
project;
$500,000 for the Colorado-North Front Range corridor
feasibility study;
$12,000,000 for the Dallas-Fort Worth RAILTRAN project;
$16,000,000 for the DART North Central light rail extension
project;
$1,000,000 for the Dayton, Ohio light rail study;
$40,000,000 for the Denver Southwest Corridor project;
$500,000 for the Denver Southeast Corridor multimodal
corridor project;
$17,000,000 for the Dulles corridor project;
$4,000,000 for the Fort Lauderdale, Florida Tri-County
commuter rail project;
$1,000,000 for the Harrisburg, Pennsylvania capital area
transit/corridor one project;
$1,500,000 for the Hartford, Connecticut light rail project;
$3,000,000 for the Honolulu, Hawaii major investment
analysis of transit alternatives;
$2,000,000 for the Houston advanced regional transit
program;
$59,670,000 for the Houston Regional Bus project;
$1,000,000 for the Johnson County, Kansas I-35 commuter rail
project;
$500,000 for the Kansas City, Missouri commuter rail study;
$500,000 for the Kenosha-Racine-Milwaukee, Wisconsin
commuter rail project;
$250,000 for the King County, Washington Elliot Bay water
taxi;
$1,500,000 for the Knoxville, Tennessee electric transit
project;
$1,000,000 for the Largo, Maryland Metro Blue Line extension
project;
$1,000,000 for the Little Rock, Arkansas River rail project;
[[Page 112 STAT. 2681-460]]
$24,000,000 for the Long Island Railroad East Side access
project, New York;
$38,000,000 for the Los Angeles MOS-3 project;
$1,000,000 for the Massachusetts North Shore corridor
project;
$17,041,000 for the MARC commuter rail project;
$1,000,000 for the Maryland Route 5 corridor;
$2,200,000 for the Memphis, Tennessee Medical Center rail
extension project;
$3,000,000 for the Miami Metro-Dade Transit east-west
corridor project;
$3,000,000 for the Miami Metro-Dade North 27th Avenue
corridor project;
$8,000,000 for the Mid-City and East Side projects, Los
Angeles;
$4,000,000 for the Morgantown, West Virginia fixed guideway
modernization project;
$1,000,000 for the Nashville, Tennessee regional commuter
rail project;
$70,000,000 for the New Jersey urban core Hudson-Bergen LRT
project;
$6,000,000 for the New Jersey urban core Newark-Elizabeth
rail link project;
$500,000 for the New London, Connecticut waterfront access
project;
$22,000,000 for the New Orleans Canal Street corridor
project;
$2,000,000 for the New Orleans Desire Streetcar project;
$8,000,000 for the Norfolk-Virginia Beach regional rail
project;
$500,000 for the Northeast Ohio commuter rail study, Phase
2;
$3,000,000 for the Northern Indiana South Shore commuter
rail project;
$3,000,000 for the Oceanside-Escondido passenger rail
project;
$500,000 for the Old Saybrook-Hartford, Connecticut rail
extension project;
$1,000,000 for the Omaha, Nebraska trolley system;
$2,500,000 for the Orange County, California transitway
project;
$17,500,000 for the Orlando Lynx light rail project;
$3,000,000 for the Philadelphia-Reading SEPTA Schuykill
Valley Metro project;
$1,000,000 for the Philadelphia SEPTA Cross County Metro
project;
$5,000,000 for the Phoenix metropolitan area transit
project;
$4,000,000 for the Pittsburgh Allegheny County Stage II
light rail project;
$1,000,000 for the Pittsburgh North Shore central business
district transit options MIS;
$25,718,000 for the Portland-Westside/Hillsboro project;
$5,000,000 for the Puget Sound RTA Link light rail project;
$41,000,000 for the Puget Sound RTA Sounder commuter rail
project;
[[Page 112 STAT. 2681-461]]
$10,000,000 for the Raleigh-Durham-Chapel Hill Triangle
Transit project;
$23,480,000 for the Sacramento south corridor LRT project;
$70,000,000 for the Salt Lake City South LRT project;
$5,000,000 for the Salt Lake City/Airport to University
(West-East) light rail project: Provided further, That the non-
governmental share for these funds shall be determined in
accordance with Section 3030(c)(2)(B)(ii) of the Transportation
Equity Act for the 21st Century, as amended (Public Law 105-
178);
$1,000,000 for the San Bernardino Metrolink extension
project;
$2,000,000 for the San Diego Mid-Coast corridor project;
$1,500,000 for the San Diego Mission Valley East light rail
transit project;
$40,000,000 for the San Francisco BART extension to the
airport project;
$500,000 for the San Jacinto-Branch Line (Riverside County)
project;
$27,000,000 for the San Jose Tasman LRT project;
$20,000,000 for the San Juan Tren Urbano;
$500,000 for the Savannah, Georgia water taxi;
$250,000 for the Sioux City micro rail trolley system;
$53,983,000 for the South Boston Piers MOS-2 project;
$1,000,000 for the South Dekalb-Lindburgh corridor LRT
project;
$200,000 for the Southeast Michigan commuter rail viability
project;
$1,000,000 for the Spokane, Washington light rail project;
$500,000 for the St. Louis-Jefferson City-Kansas City,
Missouri commuter rail project;
$35,000,000 for the St. Louis-St. Clair LRT extension
project;
$1,000,000 for the Stamford, Connecticut fixed guideway
connector;
$1,000,000 for the Tampa Bay regional rail project;
$17,000,000 for the Twin Cities Transitways project;
$2,000,000 for the Virginia Railway Express Woodbridge
station improvements project; and
$1,000,000 for the West Trenton, New Jersey rail project:
Provided further, That funds provided in Public Law 105-66 for the
Pennsylvania Strawberry Hill/Diamond Branch rail project shall be
available for the Laurel Rail line project in Lackawanna County,
Pennsylvania.
Mass Transit Capital Fund
Notwithstanding any other provision of law, for payment of previous
obligations incurred in carrying out 49 U.S.C. 5338(b), $2,000,000,000,
to remain available until expended and to be derived from the Mass
Transit Account of the Highway Trust Fund.
[[Page 112 STAT. 2681-462]]
Job Access and Reverse Commute Grants
For necessary expenses to carry out section 3037 of the Federal
Transit Act of 1998, $35,000,000, to remain available until expended:
Provided, That no more than $75,000,000 of budget authority shall be
available for these purposes: Provided further, That of the amounts
appropriated under this head, not more than $10,000,000 shall be used
for grants for reverse commute projects.
Washington Metropolitan Area Transit Authority
For necessary expenses to carry out the provisions of section 14 of
Public Law 96-184 and Public Law 101-551, $50,000,000, to remain
available until expended.
SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION
Saint Lawrence Seaway Development Corporation
The Saint Lawrence Seaway Development Corporation is hereby
authorized to make such expenditures, within the limits of funds and
borrowing authority available to the Corporation, and in accord with
law, and to make such contracts and commitments without regard to fiscal
year limitations as provided by section 104 of the Government
Corporation Control Act, as amended, as may be necessary in carrying out
the programs set forth in the Corporation's budget for the current
fiscal year.
Operations and Maintenance
For necessary expenses for operations and maintenance of those
portions of the Saint Lawrence Seaway operated and maintained by the
Saint Lawrence Seaway Development Corporation, $11,496,000, to be
derived from the Harbor Maintenance Trust Fund, pursuant to Public Law
99-662.
RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION
Research and Special Programs
For expenses necessary to discharge the functions of the Research
and Special Programs Administration, $29,280,000, of which $574,000
shall be derived from the Pipeline Safety Fund, and of which $3,460,000
shall remain available until September 30, 2001: Provided, That up to
$1,200,000 in fees collected under 49 U.S.C. 5108(g) shall be deposited
in the general fund of the Treasury as offsetting receipts: Provided
further, That there may be credited to this appropriation, to be
available until expended, funds received from States, counties,
municipalities, other public authorities, and private sources for
expenses incurred for training, for reports publication and
dissemination, and for travel expenses incurred in performance of
hazardous materials exemptions and approvals functions.
[[Page 112 STAT. 2681-463]]
Pipeline Safety
For expenses necessary to conduct the functions of the pipeline
safety program, for grants-in-aid to carry out a pipeline safety
program, as authorized by 49 U.S.C. 60107, and to discharge the pipeline
program responsibilities of the Oil Pollution Act of 1990, $33,248,000,
of which $4,248,000 shall be derived from the Oil Spill Liability Trust
Fund and shall remain available until September
30, 2001; and of which $29,000,000 shall be derived from the Pipeline
Safety Fund, of which $16,219,000 shall remain available until September
30, 2001: Provided, That in addition to amounts made available for the
Pipeline Safety Fund, $1,400,000 shall be available for grants to States
for the development and establishment of one-call notification systems
and public education activities, and shall be derived from amounts
previously collected under 49 U.S.C. 60301.
Emergency Preparedness Grants
For necessary expenses to carry out 49 U.S.C. 5127(c), $200,000, to
be derived from the Emergency Preparedness Fund, to remain available
until September
30, 2001: Provided, That not more than $11,000,000 shall be made
available for obligation in fiscal year 1999 from amounts made available
by 49 U.S.C. 5116(i) and 5127(d): Provided further, That none of the
funds made available by 49 U.S.C. 5116(i) and 5127(d) shall be made
available for obligation by individuals other than the Secretary of
Transportation, or his designee.
OFFICE OF INSPECTOR GENERAL
Salaries and Expenses
For necessary expenses of the Office of Inspector General to carry
out the provisions of the Inspector General Act of 1978, as amended,
$43,495,000.
SURFACE TRANSPORTATION BOARD
Salaries and Expenses
For necessary expenses of the Surface Transportation Board,
including services authorized by 5 U.S.C. 3109, $16,000,000: Provided,
That notwithstanding any other provision of law, not to exceed
$2,600,000 from fees established by the Chairman of the Surface
Transportation Board shall be credited to this appropriation as
offsetting collections and used for necessary and authorized expenses
under this heading: Provided further, That the sum herein appropriated
from the general fund shall be reduced on a dollar-for-dollar basis as
such offsetting collections are received during fiscal year 1999, to
result in a final appropriation from the general fund estimated at no
more than $16,000,000: Provided further, That any fees received in
excess of $2,600,000 in fiscal year 1999
[[Page 112 STAT. 2681-464]]
shall remain available until expended, but shall not be available for
obligation until October 1, 1999.
TITLE II
RELATED AGENCIES
ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD
Salaries and Expenses
For expenses necessary for the Architectural and Transportation
Barriers Compliance Board, as authorized by section 502 of the
Rehabilitation Act of 1973, as amended, $3,847,000: Provided, That,
notwithstanding any other provision of law, there may be credited to
this appropriation funds received for publications and training
expenses.
NATIONAL TRANSPORTATION SAFETY BOARD
Salaries and Expenses
For necessary expenses of the National Transportation Safety Board,
including hire of passenger motor vehicles and aircraft; services as
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
the per diem rate equivalent to the rate for a GS-15; uniforms, or
allowances therefor, as authorized by law (5 U.S.C. 5901-5902),
$53,473,000, of which not to exceed $2,000 may be used for official
reception and representation expenses.
Emergency Fund
For necessary expenses of the National Transportation Safety Board
for accident investigations, including hire of passenger motor vehicles
and aircraft; services as authorized by 5 U.S.C. 3109, but at rates for
individuals not to exceed the per diem rate equivalent to the rate for a
GS-15; uniforms, or allowances therefor, as authorized by law (5 U.S.C.
5901-5902), $1,000,000, to remain available until expended.
TITLE III
GENERAL PROVISIONS
Sec. 301. During the current fiscal year applicable appropriations
to the Department of Transportation shall be available for maintenance
and operation of aircraft; hire of passenger motor vehicles and
aircraft; purchase of liability insurance for motor vehicles operating
in foreign countries on official department business; and uniforms, or
allowances therefor, as authorized by law (5 U.S.C. 5901-5902).
Sec. 302. Such sums as may be necessary for fiscal year 1999 pay
raises for programs funded in this Act shall be absorbed within the
levels appropriated in this Act or previous appropriations Acts.
Sec. 303. <<NOTE: 49 USC 106 note.>> Funds appropriated under this
Act for expenditures by the Federal Aviation Administration shall be
available: (1) except
[[Page 112 STAT. 2681-465]]
as otherwise authorized by title VIII of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7701 et seq.), for expenses of primary
and secondary schooling for dependents of Federal Aviation
Administration personnel stationed outside the continental United States
at costs for any given area not in excess of those of the Department of
Defense for the same area, when it is determined by the Secretary that
the schools, if any, available in the locality are unable to provide
adequately for the education of such dependents; and (2) for
transportation of said dependents between schools serving the area that
they attend and their places of residence when the Secretary, under such
regulations as may be prescribed, determines that such schools are not
accessible by public means of transportation on a regular basis.
Sec. 304. Appropriations contained in this Act for the Department of
Transportation shall be available for services as authorized by 5 U.S.C.
3109, but at rates for individuals not to exceed the per diem rate
equivalent to the rate for an Executive Level IV.
Sec. 305. None of the funds in this Act shall be available for
salaries and expenses of more than 100 political and Presidential
appointees in the Department of Transportation: Provided, That none of
the personnel covered by this provision may be assigned on temporary
detail outside the Department of Transportation.
Sec. 306. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 307. None of the funds appropriated in this Act shall remain
available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, unless expressly so provided
herein.
Sec. 308. The Secretary of Transportation may enter into grants,
cooperative agreements, and other transactions with any person, agency,
or instrumentality of the United States, any unit of State or local
government, any educational institution, and any other entity in
execution of the Technology Reinvestment Project authorized under the
Defense Conversion, Reinvestment and Transition Assistance Act of 1992
and related legislation: Provided, That the authority provided in this
section may be exercised without regard to section 3324 of title 31,
United States Code.
Sec. 309. The expenditure of any appropriation under this Act for
any consulting service through procurement contract pursuant to section
3109 of title 5, United States Code, shall be limited to those contracts
where such expenditures are a matter of public record and available for
public inspection, except where otherwise provided under existing law,
or under existing Executive order issued pursuant to existing law.
Sec. 310. <<NOTE: 23 USC 104 note.>> (a) For fiscal year 1999, the
Secretary of Transportation shall--
(1) not distribute from the obligation limitation for
Federal-aid Highways amounts authorized for administrative
expenses and programs funded from the administrative takedown
authorized by section 104(a) of title 23, United States Code,
and amounts authorized for the highway use tax evasion program
and the Bureau of Transportation Statistics.
(2) not distribute an amount from the obligation limitation
for Federal-aid Highways that is equal to the unobligated
balance of amounts made available from the Highway Trust Fund
[[Page 112 STAT. 2681-466]]
(other than the Mass Transit Account) for Federal-aid highways
and highway safety programs for the previous fiscal year the
funds for which are allocated by the Secretary;
(3) determine the ratio that--
(A) the obligation limitation for Federal-aid
Highways less the aggregate of amounts not distributed
under paragraphs (1) and (2), bears to
(B) the total of the sums authorized to be
appropriated for Federal-aid highways and highway safety
construction programs (other than sums authorized to be
appropriated for sections set forth in paragraphs (1)
through (7) of subsection (b) and sums authorized to be
appropriated for section 105 of title 23, United States
Code, equal to the amount referred to in subsection
(b)(8)) for such fiscal year less the aggregate of the
amounts not distributed under paragraph (1) of this
subsection;
(4) distribute the obligation limitation for Federal-aid
Highways less the aggregate amounts not distributed under
paragraphs (1) and (2) for section 117 of title 23, United
States Code (relating to high priority projects program),
section 201 of the Appalachian Regional Development Act of 1965,
the Woodrow Wilson Memorial Bridge Authority Act of 1995, and
$2,000,000,000 for such fiscal year under section 105 of the
Transportation Equity Act for the 21st Century (relating to
minimum guarantee) so that the amount of obligation authority
available for each of such sections is equal to the amount
determined by multiplying the ratio determined under paragraph
(3) by the sums authorized to be appropriated for such section
(except in the case of section 105, $2,000,000,000) for such
fiscal year;
(5) distribute the obligation limitation provided for
Federal-aid Highways less the aggregate amounts not distributed
under paragraphs (1) and (2) and amounts distributed under
paragraph (4) for each of the programs that are allocated by the
Secretary under title 23, United States Code (other than
activities to which paragraph (1) applies and programs to which
paragraph (4) applies) by multiplying the ratio determined under
paragraph (3) by the sums authorized to be appropriated for such
program for such fiscal year; and
(6) distribute the obligation limitation provided for
Federal-aid Highways less the aggregate amounts not distributed
under paragraphs (1) and (2) and amounts distributed under
paragraphs (4) and (5) for Federal-aid highways and highway
safety
construction programs (other than the minimum guarantee program, but
only to the extent that amounts apportioned for the minimum guarantee
program for such fiscal year exceed $2,639,000,000, and the Appalachian
development highway system program) that are apportioned by the
Secretary under title 23, United States Code, in the ratio that--
(A) sums authorized to be appropriated for such
programs that are apportioned to each State for such
fiscal year, bear to
(B) the total of the sums authorized to be
appropriated for such programs that are apportioned to
all States for such fiscal year.
(b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid Highways shall not apply to obligations
[[Page 112 STAT. 2681-467]]
(1) under section 125 of title 23, United States Code; (2) under section
147 of the Surface Transportation Assistance Act of 1978; (3) under
section 9 of the Federal-Aid Highway Act of 1981; (4) under sections
131(b) and 131(j) of the Surface Transportation Assistance Act of 1982;
(5) under sections 149(b) and 149(c) of the Surface Transportation and
Uniform Relocation Assistance Act of 1987; (6) under section 1103
through 1108 of the Intermodal Surface Transportation Efficiency Act of
1991; (7) under section 157 of title 23, United States Code, as in
effect on the day before the date of enactment of the Transportation
Equity Act for the 21st Century; and (8) under section 105 of title 23,
United States Code (but, only in an amount equal to $639,000,000 for
such fiscal year).
(c) Redistribution of Unused Obligation Authority.--Notwithstanding
subsection (a), the Secretary shall after August 1 for such fiscal year
revise a distribution of the obligation limitation made available under
subsection (a) if a State will not obligate the amount distributed
during that fiscal year and redistribute sufficient amounts to those
States able to obligate amounts in addition to those previously
distributed during that fiscal year giving priority to those States
having large unobligated balances of funds apportioned under sections
104 and 144 of title 23, United States Code, section 160 (as in effect
on the day before the enactment of the Transportation Equity Act for the
21st Century) of title 23, United States Code, and under section 1015 of
the Intermodal Surface Transportation Act of 1991 (105 Stat. 1943-1945).
(d) Applicability of Obligation Limitations to Transportation
Research Programs.--The obligation limitation shall apply to
transportation research programs carried out under chapters 3 and 5 of
title 23, United States Code, except that obligation authority made
available for such programs under such limitation shall remain available
for a period of 3 fiscal years.
(e) Redistribution of Certain Authorized Funds.--Not later than 30
days after the date of the distribution of obligation limitation under
subsection (a), the Secretary shall distribute to the States any funds
(1) that are authorized to be appropriated for such fiscal year for
Federal-aid highways programs (other than the program under section 160
of title 23, United States Code) and for carrying out subchapter I of
chapter 311 of title 49, United States Code, and chapter 4 of title 23,
United States Code, and (2) that the Secretary determines will not be
allocated to the States, and will not be available for obligation, in
such fiscal year due to the imposition of any obligation limitation for
such fiscal year. Such distribution to the States shall be made in the
same ratio as the distribution of obligation authority under subsection
(a)(6). The funds so distributed shall be available for any purposes
described in section 133(b) of title 23, United States Code.
(f) Special Rule.--Obligation limitation distributed for a fiscal
year under subsection (a)(4) for a section set forth in subsection
(a)(4) shall remain available until used for obligation of funds for
such section and shall be in addition to the amount of any limitation
imposed on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
Sec. 311. <<NOTE: 49 USC 5338 note.>> The limitations on obligations
for the programs of the Federal Transit Administration shall not apply
to any authority under 49 U.S.C. 5338, previously made available for
obligation, or to any other authority previously made available for
obligation.
[[Page 112 STAT. 2681-468]]
Sec. 312. None of the funds in this Act shall be used to implement
section 404 of title 23, United States Code.
Sec. 313. None of the funds in this Act shall be available to plan,
finalize, or implement regulations that would establish a vessel traffic
safety fairway less than five miles wide between the Santa Barbara
Traffic Separation Scheme and the San Francisco Traffic Separation
Scheme.
Sec. 314. <<NOTE: 49 USC 44502 note.>> Notwithstanding any other
provision of law, airports may transfer, without consideration, to the
Federal Aviation Administration (FAA) instrument landing systems (along
with associated approach lighting equipment and runway visual range
equipment) which conform to FAA design and performance specifications,
the purchase of which was assisted by a Federal airport-aid program,
airport development aid program or airport
improvement program grant. The FAA shall accept such equipment, which
shall thereafter be operated and maintained by the FAA in accordance
with agency criteria.
Sec. 315. None of the funds in this Act shall be available to award
a multiyear contract for production end items that: (1) includes
economic order quantity or long lead time material procurement in excess
of $10,000,000 in any one year of the contract; (2) includes a
cancellation charge greater than $10,000,000 which at the time of
obligation has not been appropriated to the limits of the Government's
liability; or (3) includes a requirement that permits performance under
the contract during the second and subsequent years of the contract
without conditioning such performance upon the appropriation of funds:
Provided, That this limitation does not apply to a contract in which the
Federal Government incurs no financial liability from not buying
additional systems, subsystems, or components beyond the basic contract
requirements.
Sec. 316. Section 218 of title 23, United States Code, is amended--
(1) in subsection (a)--
(A) in the first sentence by striking ``the south
Alaskan border'' and inserting ``Haines'' in lieu
thereof;
(B) in the third sentence by striking ``highway''
and inserting ``highway or the Alaska Marine Highway
System'' in lieu thereof;
(C) in the fourth sentence by striking ``any other
fiscal year thereafter'' and inserting ``any other
fiscal year thereafter, including any portion of any
other fiscal year thereafter, prior to the date of the
enactment of the Transportation Equity Act for the 21st
Century'' in lieu thereof;
(D) in the fifth sentence by striking ``construction
of such highways until an agreement'' and inserting
``construction of the portion of such highways that are
in Canada until an agreement'' in lieu thereof; and
(2) in subsection (b) by inserting ``in Canada'' after
``undertaken''.
Sec. 317. Notwithstanding any other provision of law, and except for
fixed guideway modernization projects, funds made available by this Act
under ``Federal Transit Administration, Capital investment grants'' for
projects specified in this Act or identified in reports accompanying
this Act not obligated by September 30, 2001, and other recoveries,
shall be made available for other projects under 49 U.S.C. 5309.
[[Page 112 STAT. 2681-469]]
Sec. 318. Notwithstanding any other provision of law, any funds
appropriated before October 1, 1998, under any section of chapter 53 of
title 49, United States Code, that remain available for expenditure may
be transferred to and administered under the most recent appropriation
heading for any such section.
Sec. 319. None of the funds in this Act may be used to compensate in
excess of 350 technical staff-years under the federally funded research
and development center contract between the Federal Aviation
Administration and the Center for Advanced Aviation Systems Development
during fiscal year 1999.
Sec. 320. Funds provided in this Act for the Transportation
Administrative Service Center (TASC) shall be reduced by $15,000,000,
which limits fiscal year 1999 TASC obligational authority for elements
of the Department of Transportation funded in this Act to no more than
$109,124,000: Provided, That such reductions from the budget request
shall be allocated by the Department of Transportation to each
appropriations account in proportion to the amount included in each
account for the Transportation Administrative Service Center.
Sec. 321. Funds received by the Federal Highway Administration,
Federal Transit Administration, and Federal Railroad Administration from
States, counties, municipalities, other public authorities, and private
sources for expenses incurred for training may be credited respectively
to the Federal Highway Administration's ``Limitation on General
Operating Expenses'' account, the Federal Transit Administration's
``Transit Planning and Research'' account, and to the Federal Railroad
Administration's ``Railroad Safety'' account, except for State rail
safety inspectors participating in training pursuant to 49 U.S.C. 20105.
Sec. 322. None of the funds in this Act shall be available to
prepare, propose, or promulgate any regulations pursuant to title V of
the Motor Vehicle Information and Cost Savings Act (49 U.S.C. 32901 et
seq.) prescribing corporate average fuel economy standards for
automobiles, as defined in such title, in any model year that differs
from standards promulgated for such automobiles prior to enactment of
this section.
Sec. 323. Notwithstanding any other provision of law, the Secretary
of Transportation shall convey, without consideration, all right, title,
and interest of the United States in and to the parcels of real property
described in this section, together with any improvements thereon, as
the Secretary considers appropriate for purposes of the conveyance, to
the entities described in this section, namely: (1) United States Coast
Guard Pass Manchac Light
in Tangipahoa Parish, Louisiana, to the State of Louisiana; and (2)
Tchefuncte River Range Rear Light in Madisonville, Louisiana, to the
Town of Madisonville, Louisiana.
Sec. 324. None of the funds made available in this Act may be used
for the purpose of promulgating or enforcing any regulation that has the
practical effect of (a) requiring more than one attendant during
unloading of liquefied compressed gases, or (b) preventing the attendant
from monitoring the customer's liquefied compressed gas storage tank
during unloading.
Sec. 325. Notwithstanding 31 U.S.C. 3302, funds received by the
Bureau of Transportation Statistics from the sale of data products, for
necessary expenses incurred pursuant to 49 U.S.C. 111 may be credited to
the Federal-aid highways account for the purpose of reimbursing the
Bureau for such expenses: Provided, That such
[[Page 112 STAT. 2681-470]]
funds shall be subject to the obligation limitation for Federal-aid
highways and highway safety construction.
Sec. 326. None of the funds in this Act may be obligated or expended
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 as defined in
Equal Employment Opportunity Commission Notice N-915.022, dated
September 2, 1988; (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 the medical ramifications of HIV/AIDS and the
workplace rights of HIV-positive employees.
Sec. 327. None of the funds in this Act shall, in the absence of
express authorization by Congress, be used directly or indirectly to pay
for any personal service, advertisement, telegram, telephone, letter,
printed or written matter, or other device, intended or designed to
influence in any manner a Member of Congress, to favor or oppose, by
vote or otherwise, any legislation or appropriation by Congress, whether
before or after the introduction of any bill or resolution proposing
such legislation or appropriation: Provided, That this shall not prevent
officers or employees of the Department of Transportation or related
agencies funded in this Act from communicating to Members of Congress on
the request of any Member or to Congress, through the proper official
channels, requests for legislation or appropriations which they deem
necessary for the efficient conduct of the public business.
Sec. 328. Not to exceed $1,000,000 of the funds provided in this Act
for the Department of Transportation shall be available for the
necessary expenses of advisory committees: Provided, That this
limitation shall not apply to advisory committees established for the
purpose of conducting negotiated rulemaking in accordance with the
Negotiated Rulemaking Act, 5 U.S.C. 561-570a, or the Coast Guard's
advisory council on roles and missions
Sec. 329. <<NOTE: 43 USC 1653 note.>> Bulk Fuel Storage Tank. (a)
Transfer of Funds.--Notwithstanding any other provision of law, the
remainder of the balance in the Trans-Alaska Pipeline Liability Fund
that is transferred and deposited into the Oil Spill Liability Trust
Fund under section 8102(a)(2)(B)(ii) of the Oil Pollution Act of 1990
(43 U.S.C. 1653 note) after June 16, 1998 shall be used in accordance
with this section.
(b) Use of Interest Only.--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 under section
8102(a)(2)(B)(ii) of the Oil Pollution Act of 1990 (43 U.S.C. 1653 note)
after June 16, 1998 shall be transferred annually by the National
Pollution Funds Center to the Denali Commission for a program, to be
developed in consultation with the Coast Guard, to repair or replace
bulk fuel storage tanks in Alaska which are not in compliance with
federal law, including the Oil Pollution Act of 1990, or State law.
[[Page 112 STAT. 2681-471]]
(c) TAPS Payment to Alaska Dedicated to Bulk Fuel Storage Tank
Repair and Replacement.--Section 8102(a)(2)(B)(i) of Public Law 101-380
(43 U.S.C. 1653 note) is amended by inserting immediately before the
semicolon, ``, which, except as otherwise provided under article IX,
section 15, of the Alaska Constitution, shall be used for the
remediation of above-ground storage tanks''.
Sec. 330. No funds other than those appropriated to the Surface
Transportation Board or fees collected by the Board shall be used for
conducting the activities of the Board.
Sec. 331. (a) None of the funds made available in this Act may be
expended by an entity unless the entity agrees that in expending the
funds the entity will comply with the Buy American Act (41 U.S.C. 10a-
10c).
(b) Sense of the Congress; Requirement Regarding Notice.--
(1) Purchase of american-made equipment and products.--In
the case of any equipment or product that may be authorized to
be purchased with financial assistance provided using funds made
available in this Act, it is the sense of the Congress that
entities receiving the assistance should, in expending the
assistance, purchase only American-made equipment and products
to the greatest extent practicable.
(2) Notice to recipients of assistance.--In providing
financial assistance using funds made available in this Act, the
head of each Federal agency shall provide to each recipient of
the assistance a notice describing the statement made in
paragraph (1) by the Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling Products
as Made in America.--If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States that is
not made in the United States, the person shall be ineligible to receive
any contract or subcontract made with funds made available in this Act,
pursuant to the debarment, suspension, and ineligibility procedures
described in sections 9.400 through 9.409 of title 48, Code of Federal
Regulations.
Sec. 332. Notwithstanding any other provision of law, receipts, in
amounts determined by the Secretary, collected from users of fitness
centers operated by or for the Department of Transportation shall be
available to support the operation and maintenance of those facilities.
Sec. 333. 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 under section
93.223 of title 14 of the Code of Federal Regulations 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 an air carrier or foreign air
carrier under section 93.217 of title 14 of the Code of Federal
Regulations.
Sec. 334. Notwithstanding 49 U.S.C. 41742, no essential air service
shall be provided to communities in the 48 contiguous States that are
located fewer than 70 highway miles from the nearest large or 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.
[[Page 112 STAT. 2681-472]]
Sec. 335. Rebates, refunds, incentive payments, minor fees and other
funds received by the Department from travel management centers, charge
card programs, the subleasing of building space, and miscellaneous
sources are to be credited to appropriations of the Department and
allocated to elements of the Department using fair and equitable
criteria and such funds shall be available until December 31, 1999.
Sec. 336. Notwithstanding any other provision of law, rule or
regulation, the Secretary of Transportation is authorized to allow the
issuer of any preferred stock heretofore sold to the Department to
redeem or repurchase such stock upon the payment to the Department of an
amount determined by the Secretary.
Sec. 337. The unobligated balances of the funds made available in
previous appropriations Acts for the National Civil Aviation Review
Commission and for Urban Discretionary Grants are rescinded.
Sec. 338. (a) Notwithstanding any other provision of law--
(1) the land and improvements thereto comprising the Coast
Guard Reserve Training Facility in Jacksonville, Florida, is
deemed to be surplus property; and
(2) the Commandant of the Coast Guard shall dispose of all
right, title, and interest of the United States in and to that
property, by sale, at fair market value.
(b) Right of First Refusal.--Before a sale is made under subsection
(a) to any other person, the Commandant of the Coast Guard shall give to
the City of Jacksonville, Florida, the right of first refusal to
purchase all or any part of the property required to be sold under that
subsection.
Sec. 339. Of the funds provided under Federal Aviation
Administration ``Operations'', $250,000 is only for activities and
operations of the Centennial of Flight Commission.
Sec. 340. Notwithstanding any other provision of law, the Secretary
of Transportation shall waive repayment of any Federal-aid highway funds
expended on the construction of those high occupancy lanes or auxiliary
lanes constructed on I-287 in the State of New Jersey, pursuant to
section 338 of the fiscal year 1993 Department of Transportation and
Related Agencies Appropriations Act (Public Law 102-388), if the State
of New Jersey presents the Secretary with its determination that such
high occupancy vehicle lanes or auxiliary lanes are not in the public
interest.
Sec. 341. (a) Authority To Convey.--The Secretary of Transportation
may convey, without consideration, to the State of North Carolina (in
this section referred to as the ``State''), all right, title, and
interest of the United States in and to a parcel of real property,
together with any improvements thereon, in Ocracoke, North Carolina,
consisting of such portion of the Coast Guard Station Ocracoke, North
Carolina, as the Secretary considers appropriate for purposes of the
conveyance.
(b) Conditions.--The conveyance under subsection (a) shall be
subject to the following conditions:
(1) That the State accept the property to be conveyed under
that subsection subject to such easements or rights of way in
favor of the United States as the Secretary considers to be
appropriate for--
(A) utilities;
(B) access to and from the property;
[[Page 112 STAT. 2681-473]]
(C) the use of the boat launching ramp on the
property; and
(D) the use of pier space on the property by search
and rescue assets.
(2) That the State maintain the property in a manner so as
to preserve the usefulness of the easements or rights of way
referred to in paragraph (1).
(3) That the State utilize the property for transportation,
education, environmental, or other public purposes.
(c) Reversion.--(1) If the Secretary determines at any time that the
property conveyed under subsection (a) is not to be used in accordance
with subsection (b), all right, title, and interest in and to the
property, including any improvements thereon, shall revert to the United
States, and the United States shall have the right of immediate entry
thereon.
(2) Upon reversion under paragraph (1), the property shall be under
the administrative jurisdiction of the Administrator of General
Services.
(d) Description of Property.--The exact acreage and legal
description of the property conveyed under subsection (a), and any
easements or rights of way granted under subsection (b)(1), shall be
determined by a survey satisfactory to the Secretary. The cost of the
survey shall be borne by the State.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions with respect to the conveyance under
subsection (a), and any easements or rights of way granted under
subsection (b)(1), as the Secretary considers appropriate to protect the
interests of the United States.
Sec. 342. Notwithstanding any other provision of law, funds
appropriated in this or any other Act 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. <<NOTE: 33 USC 2720 note.>> (a) None of the funds made
available by this Act or subsequent Acts may be used by the Coast Guard
to issue, implement, or enforce a regulation or to establish an
interpretation or guideline under the Edible Oil Regulatory Reform Act
(Public Law 104-55), or the amendments made by that Act, that does not
recognize and provide for, with respect to fats, oils, and greases (as
described in that Act, or the amendments made by that Act) differences
in--
(1) physical, chemical, biological and other relevant
properties; and
(2) environmental effects.
(b) Not later <<NOTE: Regulations.>> than March 31, 1999, the
Secretary of Transportation shall issue regulations amending 33 CFR 154
to comply with the requirements of Public Law 104-55.
Sec. 344. Funding made available in Public Law 105-174 for emergency
railroad rehabilitation and repair shall be available for repairs
resulting from natural disasters occurring from September 1996 through
July 10, 1998.
Sec. 345. For purposes of evaluating environmental impacts of the
toll road in Orange and San Diego counties, California, the
Administrator of the Federal Highway Administration and other
[[Page 112 STAT. 2681-474]]
participating Federal agencies shall consider only those transportation
alternatives previously identified by regional planning processes and
shall restrict agency comments to those matters over which the agency
has direct jurisdiction: Provided, That notwithstanding any inter-agency
memoranda of understanding, the Administrator of the Federal Highway
Administration shall retain and exercise all authority regarding the
form, content and timing of any environmental impact statement and
record of decision regarding the toll road, including the evaluation and
selection of alternatives and distribution of draft and final
environmental impact statements.
Sec. 346. (a) Notwithstanding any other law, the Commandant, United
States Coast Guard, shall convey to the University of South Alabama (in
this section referred to as ``the recipient''), the right, title, and
interest of the United States Government in and to a decommissioned
vessel of the Coast Guard, as determined appropriate by the Commandant
and the recipient, if--
(1) the recipient agrees to use the vessel for the purposes
of supporting archaeological and historical research in the
Mobile Bay Delta;
(2) the recipient agrees not to use the vessel for
commercial transportation purposes, except as incident to the
provision of logistics services in connection with the Old
Mobile Archaeological Project;
(3) The recipient agrees to make the vessel available to the
Government if the Commandant requires use of the vessel by the
Government in times of war or national emergency;
(4) the recipient agrees to hold the Government harmless for
any claims arising from exposure to hazardous materials
including, but not limited to, asbestos and polychlorinated
biphenyls (PCBs), after conveyance of the vessel, except for
claims arising from use by the Government under paragraph (3);
(5) the recipient has funds available to be committed for
use to restore the vessel to operation and thereafter maintain
it in good working condition, in the amount of at least
$400,000; and
(6) the recipient agrees to any other conditions that the
Secretary considers appropriate.
(b) Delivery of Vessel.--If a conveyance is made under this section,
the Commandant shall deliver the vessel at the place where the vessel is
located, in its present condition, without cost to the Government. The
conveyance of this vessel shall not be considered a distribution in
commerce for purposes of section 2605(e) of title 15, United States
Code.
(c) Other Unneeded Equipment.--The Commandant may convey to the
recipient any unneeded equipment or parts from other decommissioned
vessels pending disposition for use to restore the vessel to
operability. The Commandant may require compensation from the recipient
for such items.
(d) Applicable Laws and Regulations.--The vessel shall at all times
remain subject to applicable vessel safety laws and regulations.
Sec. 347. Item 1132 in section 1602 of the Transportation Equity Act
for the 21st Century (112 Stat. 298), relating to Mississippi, is
amended by striking ``Pirate Cove'' and inserting ``Pirates' Cove and 4-
lane connector to Mississippi Highway 468''.
[[Page 112 STAT. 2681-475]]
Sec. 348. (a) Authority To Convey Coast Guard Property to
Jacksonville University in Jacksonville, Florida.--
(1) In general.--The Secretary of Transportation may convey
to Jacksonville University, located in Jacksonville, Florida,
without consideration, all right, title, and interest of the
United States in and to the property comprising the Long Branch
Rear Range Light, Jacksonville, Florida.
(2) Identification of property.--The Secretary may identify,
describe, and determine the property to be conveyed under this
section.
(b) Terms and Conditions.--Any conveyance of any property under this
section shall be made--
(1) subject to such terms and conditions as the Commandant
may consider appropriate; and
(2) subject to the condition that all right, title, and
interest in and to the property conveyed shall immediately
revert to the United States if the property, or any part
thereof, ceases to be used by Jacksonville University.
Sec. 349. For necessary expenses of the Amtrak Reform Council
authorized under section 203 of Public Law 105-134, $450,000, to remain
available until September 30, 2000: Provided, That none of the funds
provided under this heading shall be for payments to outside
consultants: Provided further, That the duties of the Amtrak Reform
Council described in section 203(g)(1) of Public Law 105-134 shall
include the identification of Amtrak routes which are candidates for
closure or realignment, based on performance rankings developed by
Amtrak 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 candidate identification,
that federal subsidies for Amtrak will decline over the 4-year period
from fiscal year 1999 to fiscal year 2002: Provided further, That these
closure or realignment recommendations shall be included in the Amtrak
Reform Council's annual report to the Congress required by section
203(h) of Public Law 105-134.
Sec. 350. Notwithstanding any other provision of law, the Secretary
shall approve and the State of New York is authorized to proceed with
engineering, final design and construction of additional entrances and
exits between exits 57 and 58 on Interstate 495 in Suffolk County, New
York. The Secretary may review final design of such project.
Sec. 351. (a) Section 30113 of title 49, United States Code, is
amended--
(1) in subsection (b)--
(A) in paragraph (1), by inserting ``or passenger
motor vehicles from a bumper standard prescribed under
chapter 325 of this title,'' after ``a motor vehicle
safety standard prescribed under this chapter''; and
(B) in paragraph (3)(A), by inserting ``or chapter
325 of this title (as applicable)'' after ``this
chapter'';
(2) in subsection (c)(1), by inserting ``, or a bumper
standard prescribed under chapter 325 of this title,'' after
``motor vehicle safety standard prescribed under this chapter'';
(3) in subsection (d), by inserting ``(including an
exemption under subsection (b)(3)(B)(i) relating to a bumper
standard referred to in subsection (b)(1))'' after ``subsection
(b)(3)(B)(i) of this section''; and
[[Page 112 STAT. 2681-476]]
(4) in subsection (h), by inserting ``or bumper standard
prescribed under chapter 325 of this title'' after ``each motor
vehicle safety standard prescribed under this chapter''.
(b) Conforming Amendments.--
(1) Section 32502(c) of title 49, United States Code, is
amended--
(A) in the matter preceding paragraph (1), by
striking ``any part of a standard'' and inserting ``all
or any part of a standard'';
(B) in paragraph (1), by striking ``or'' at the end;
(C) in paragraph (2), by striking the period and
inserting ``; or''; and
(D) by adding at the end the following:
``(3) a passenger motor vehicle for which an application for
an exemption under section 30013(b) of this title has been filed
in accordance with the requirements of that section.''.
(2) Section 32506(a) of title 49, United States Code, is
amended by inserting ``and section 32502 of this title'' after
``Except as provided in this section''.
Sec. 352. Notwithstanding any other provision of law, $10,000,000 of
funds available under section 104(a) of title 23 U.S.C., shall be made
available to the University of Alabama in Tuscaloosa, Alabama, for
research activities at the Transportation Research Institute and to
construct a building to house the Institute, and shall remain available
until expended.
Sec. 353. Discretionary grants funds for bus and bus-related
facilities made available in this Act and in Public Law 105-66 and its
accompanying conference report for the Virtual Transit Enterprise
project shall be used to fund any aspect of the Virtual Transit
Enterprise integration of information project in South Carolina.
Sec. 354. Section 3021 of the Transportation Equity Act for the 21st
Century (Public Law 105-178) is amended-- <<NOTE: 49 USC 5307 note.>>
(1) in subsection (a), by inserting ``or the State of
Vermont'' after ``the State of Oklahoma''; and
(2) in subsection (b)(2)(A), by inserting ``and the State of
Vermont'' after ``within the State of Oklahoma''.
Sec. 355. Section 3 of the Act of July 17, 1952 (66 Stat. 746,
chapter 921), and section 3 of the Act of July 17, 1952 (66 Stat. 571,
chapter 922), are each amended in the proviso--
(1) by striking ``That'' and all that follows through ``the
collection of'' and inserting ``That the commission may
collect''; and
(2) by striking ``, shall cease'' and all that follows
through the period at the end and inserting a period.
Sec. 356. Section 1212(m) of Public Law 105-178 is amended--(1) in
the subsection heading, by inserting ``, Idaho, Alaska and West
Virginia'' after ``Minnesota''; and (2) by inserting ``or the States of
Idaho, Alaska or West Virginia'' after ``Minnesota''.
Sec. 357. Notwithstanding any other provision of law, funds
obligated and awarded in fiscal year 1994 by the Economic Development
Administration in the amount of $912,000 to the City of Pittsburg,
Kansas, as Project Number 05-19-61200 for water, sewer and street
improvements shall be disbursed to the City upon determination by the
EDA that the improvements have been completed in accordance with the
project description in the award documents.
[[Page 112 STAT. 2681-477]]
Sec. 358. Section 3030(d)(3) of the Transportation Equity Act for
the 21st Century (Public Law 105-178) is amended by adding at the end
the following:
``(C) Saint Barnard Parish, Louisiana intermodal
facility.''.
Sec. 359. The Secretary of Transportation is authorized to transfer
funds appropriated for any office of the Office of the Secretary to any
other office of the Office of the Secretary: Provided, That no
appropriation shall be increased or decreased by more than 12 per centum
by all such transfers: Provided further, That any such transfer shall be
submitted for approval to the House and Senate Committees on
Appropriations.
Sec. 360. Section 3027 of the Transportation Equity Act for the 21st
Century (49 U.S.C. 5307 note; 112 Stat. 366) is amended by adding at the
end the following:
``(3) Services for elderly and persons with disabilities.--In
addition to assistance made available under paragraph (1), the Secretary
may provide assistance under section 5307 of title 49, United States
Code, 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 elderly and persons with
disabilities, provided that such assistance to all entities shall not
exceed $1,000,000 annually.''.
Sec. 361. Hereafter, the Commonwealth of Virginia shall have the
exclusive authority to determine the high-occupancy vehicle restrictions
applicable to Interstate Highway 66 in Virginia.
Sec. 362. None of the funds appropriated by this Act may be used to
issue a final standard under docket number NHTSA 98-3945 (relating to
section 656(b) of the Illegal Immigration Reform and Responsibility Act
of 1996).
Sec. 363. Items 178 and 1547 in section 1602 of the Transportation
Equity Act for the 21st Century (Public Law 105-178), relating to
Georgia, are amended by adding at the end the following: ``and construct
improvements to said corridor''.
Sec. 364. Notwithstanding any other provision of law, the Secretary
shall approve the construction of Type II noise barriers from funds
apportioned under sections 104(b)(1) and 104(b)(3) of title 23, United
States Code, at the following locations:
(a) beginning on the north and south sides of Interstate
Route 20 extending from H.E. Holmes Road to Fulton Industrial
Boulevard in Fulton County, Georgia;
(b) beginning on the north and south sides of Interstate
Route 20 extending from Flat Shoals Road to Columbia Drive in
DeKalb County, Georgia; and
(c) beginning on the west side of Interstate Route 75
extending from Howell Mill Road to West Paces Ferry Road in
Fulton County, Georgia.
Sec. 365. Notwithstanding any other provision of law, except as
otherwise provided in this section, the Secretary shall approve and the
State of Alabama is authorized to proceed with construction of the East
Foley corridor project from Baldwin County Highway 20 to State Highway
59, identified in items 857 and 1501 in the table contained in Section
1602 of the Transportation Equity Act for the 21st Century (Public Law
105-178). Environmental reviews performed by the Alabama Department of
Environmental
[[Page 112 STAT. 2681-478]]
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. Item 1083 contained in section 1602 of the Transportation
Equity Act for the 21st Century (112 Stat. 297) is amended by striking
``between Southwest Drive and U.S. 277''.
Sec. 367. Notwithstanding any other provision of Federal law, the
State of Minnesota may obligate funds apportioned in fiscal years 1998
through 2003 pursuant to section 117 of title 23, United States Code,
for high priority project numbers 1628 and 1195 authorized in section
1602 of the Transportation Equity Act for the 21st Century (Public Law
105-178): Provided, That such obligation shall be subject to the
allocation percentages of section 1602(b) as modified by section 1212(m)
of the Transportation Equity Act for the 21st Century (Public Law 105-
178).
Sec. 368. Item number 577 in the table contained in Section 1602 of
the Transportation Equity Act for the 21st Century (Public Law 105-178)
is amended by striking ``Construct'' and all that follows through
``Ketchikan'' and insert ``For the purposes set forth in item number
1496''.
Sec. 3769. Section 5117(b)(6) of the Transportation Equity Act for
the 21st Century (23 U.S.C. 502 note; 112 Stat. 450) is amended by
striking ``Pennsylvania Transportation Institute'' and inserting
``Commonwealth of Pennsylvania''.
Sec. 370. Section 5204 of the Transportation Equity Act for the 21st
Century (23 U.S.C. 502 note; 112 Stat. 453-455) is amended by adding at
the end the following:
``(k) Use of Rights-of-Way.--Intelligent transportation system
projects specified in section 5117(b)(3) and 5117(b)(6) and involving
privately owned intelligent transportation system components that is
carried out using funds made available from the Highway Trust Fund shall
not be subject to any law or regulation of a State or political
subdivision of a State prohibiting or regulating commercial activities
in the rights-of-way of a highway for which Federal-aid highway funds
have been utilized for planning, design, construction, or maintenance,
if the Secretary of Transportation determines that such use is in the
public interest. Nothing in this subsection shall affect the authority
of a State or political subdivision of a State to regulate highway
safety.''.
Sec. 371. (a) The Commandant of the Coast Guard shall convey,
without consideration, to the Town of New Castle, New Hampshire (in this
section referred to as the ``Town''), all right, title, and interest of
the United States in and to a parcel of real property comprising
approximately 2 acres and having approximately 100 feet of ocean front
that is located in New Castle, New Hampshire. The property is bordered
to the west by property owned by the Town and to the east by Coast Guard
Station Portsmouth Harbor, New Hampshire.
(b)(1) The Commandant shall, in connection with the conveyance
required by subsection (a), grant to the Town such easements and rights-
of-way as the Commandant considers necessary to permit access to the
property conveyed under that subsection.
(2) The Commandant may, in connection with the conveyance required
by subsection (a), reserve in favor of the United States such easements
and rights-of-way as the Commandant considers necessary to protect the
interests of the United States.
(c)(1) The conveyance of property under subsection (a) shall be
subject to the following conditions:
[[Page 112 STAT. 2681-479]]
(A) That the property, or any portion thereof, shall revert
to the United States if the Commandant determines that such
property is required by the United States for purposes of the
national security of the United States.
(B) That the property, or any portion thereof, shall revert
to the United States if the Commandant determines that such
property is required by the United States for purposes of a site
for an aid to navigation.
(2)(A) At least 30 days before the date of the reversion of property
under paragraph (1)(A), the Commandant shall provide the Town written
notice that the property is required for purposes of the national
security of the United States.
(B) At least 30 days before the date of the reversion of property
under paragraph (1)(B), the Commandant shall provide the Town written
notice that the property is required for purposes of a site for an aid
to navigation.
(d)(1) Notwithstanding any other provision of the Land and Water
Conservation Fund Act of 1965, Public Law 88-578, as amended, or other
law, the Coast Guard property conveyed to New Castle, New Hampshire
pursuant to subsection (a) may be used to replace a portion of Land and
Water Conservation Fund-assisted land in New Castle, New Hampshire under
project number 33-00077: Provided, That the replacement property
satisfactorily meets the conversion criteria regarding reasonably
equivalent recreation usefulness and location.
(2) The Town may not use the property referred to in paragraph (1)
for the purpose specified in that paragraph unless the property conveyed
under subsection (a) provides opportunities for recreational activities
that are reasonably similar to the opportunities for recreational
activities provided by the property referred to in paragraph (1).
(e) The Commandant may require such additional terms and conditions
in connection with the conveyance under subsection (a), and the grants
of any easements or rights-of-way under subsection (b), as the
Commandant considers appropriate to protect the interests of the United
States.
Sec. 372. None of the Funds made available under this Act or any
other Act, may be used to implement, carry out, or enforce any
regulation issued under section 41705 of title 49, United States Code,
including any regulation contained in part 382 of title 14, Code of
Federal Regulations, or any other provision of law (including any Act of
Congress, regulation, or Executive order or any official guidance or
correspondence thereto), that requires or encourages an air carrier (as
that term is defined in section 40102 of title 49, United States Code)
to, on intrastate or interstate air transportation (as those terms are
defined in section 40102 of title 49, United States Code)--
(1) provide a peanut-free buffer zone or any other related
peanut-restricted area; or
(2) 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.
[[Page 112 STAT. 2681-480]]
SEC. 373. MODIFICATION OF SUBSTITUTE PROJECT IN WISCONSIN--
Section 1045 of the Intermodal Surface Transportation Efficiency
Act of 1991 (105 Stat. 1994) is amended in subsection (a) by striking
paragraph (a)(2) and inserting the following:
``(2)(A) For six months after the date of enactment of this
paragraph, the provisions set forth in paragraph (2)(B) shall
apply to all of the funds identified in this section. After such
time, the provisions set forth in paragraph (2)(B) shall apply
to fifty percent of the funds identified in this section, and
the provisions of paragraph (2)(C) shall apply to fifty percent
of the funds identified in this section.''
``(B) Notwithstanding paragraph (1) and subsection (c) of
this section, upon the request of the Governor of the State of
Wisconsin, after consultation with appropriate local government
officials, submitted by October 1, 2000, the Secretary may
approve one or more substitute projects in lieu of the
substitute project approved by the Secretary under paragraph (1)
and subsection (c) of this section.''
``(C) Notwithstanding paragraph (1) and subsection (c) of
this section, upon the request of the Governor of the State of
Wisconsin, submitted by October 1, 2000, the Secretary shall
approve one or more substitute projects in lieu of the
substitute project approved by the Secretary under paragraph (1)
and subsection (c) of this section.''.
This Act may be cited as the ``Department of Transportation and
Related Agencies Appropriations Act, 1999''.
(h) For programs, projects or activities in the Treasury and
General Government Appropriations Act, 1999, provided as follows, to be
effective as if it had been enacted into law as the regular
appropriations Act:
TITLE I--DEPARTMENT OF THE TREASURY
Departmental Offices
For necessary expenses of the Departmental Offices including
operation and maintenance of the Treasury Building and Annex; hire of
passenger motor vehicles; maintenance, repairs, and improvements of, and
purchase of commercial insurance policies for, real properties leased or
owned overseas, when necessary for the performance of official business;
not to exceed $2,900,000 for official travel expenses; not to exceed
$150,000 for official reception and representation expenses; not to
exceed $258,000 for unforeseen emergencies of a confidential nature, to
be allocated and expended under the direction of the Secretary of the
Treasury and to be accounted for solely on his certificate,
$123,151,000: Provided, That the Office of Foreign Assets Control shall
be funded at no less than $6,560,800: Provided further, That the
Department is authorized to charge both direct and indirect costs to the
Office of Foreign Assets Control in the implementation of this floor:
Provided further, That the methodology for applying such charges will be
the same
[[Page 112 STAT. 2681-481]]
method used in developing the Departmental Offices Fiscal Year 1999
President's Budget Justification to the Congress.
Automation Enhancement
For development and acquisition of automatic data processing
equipment, software, and services for the Department of the Treasury,
$28,690,000: Provided, That these funds shall remain available until
September 30, 2000: Provided further, That these funds shall be
transferred to accounts and in amounts as necessary to satisfy the
requirements of the Department's offices, bureaus, and other
organizations: Provided further, That this transfer authority shall be
in addition to any other transfer authority provided in this Act:
Provided further, That none of the funds appropriated shall be used to
support or supplement the Internal Revenue Service appropriations for
Information Systems: Provided further, That $6,000,000 of the funds
appropriated for the Customs Modernization project may not be
transferred to the United States Customs Service or obligated until the
Treasury's Chief Information Officer, through the Treasury Investment
Review Board, concurs on the plan and milestone schedule for the
deployment of the system: Provided further, That $6,000,000 of the funds
made available for the Customs Modernization project may not be
obligated for any major system investments prior to the development of
an architecture which is compliant with the Treasury Information Systems
Architecture Framework (TISAF) and the establishment of measures to
enforce compliance with the architecture.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, not to exceed $2,000,000 for official travel expenses;
including hire of passenger motor vehicles; and not to exceed $100,000
for unforeseen emergencies of a confidential nature, to be allocated and
expended under the direction of the Inspector General of the Treasury,
$30,678,000.
Treasury Building and Annex Repair and Restoration
For the repair, alteration, and improvement of the Treasury Building
and Annex, $27,000,000, to remain available until expended: Provided,
That none of the funds provided shall be available for obligation until
September 30, 1999.
Financial Crimes Enforcement Network
For necessary expenses of the Financial Crimes Enforcement Network,
including hire of passenger motor vehicles; travel expenses of non-
Federal law enforcement
personnel to attend meetings concerned with financial intelligence
activities, law enforcement, and financial regulation; not to exceed
$14,000 for official reception and representation expenses; and for
assistance to Federal law
[[Page 112 STAT. 2681-482]]
enforcement agencies, with or without reimbursement, $24,000,000:
Provided, That funds appropriated in this account may be used to procure
personal services contracts.
Violent Crime Reduction Programs
For activities authorized by Public Law 103-322, to remain available
until expended, which shall be derived from the Violent Crime Reduction
Trust Fund, as follows:
(1) As authorized by section 190001(e), $119,000,000; of
which $3,000,000 shall be available to the Bureau of Alcohol,
Tobacco and Firearms for administering the Gang Resistance
Education and Training program; of which $1,400,000 shall be
available to the Financial Crimes Enforcement Network; of which
$22,628,000 shall be available to the United States Secret
Service, including $6,700,000 for vehicle replacement,
$5,000,000 for investigations of counterfeiting, $7,732,000 for
the 2000 candidate/nominee protection program, and $3,196,000
for forensic and related support of investigations of missing
and exploited children, of which $1,196,000 shall be available
as a grant for activities related to the investigations of
exploited children and shall remain available until expended; of
which $65,472,000 shall be available for the United States
Customs Service, including $54,000,000 for narcotics detection
technology, $9,500,000 for the passenger processing initiative,
$972,000 for construction of canopies for inspection of outbound
vehicles along the Southwest border, and $1,000,000 for
technology investments related to the Cyber-Smuggling Center; of
which $2,500,000 shall be available to the Office of National
Drug Control Policy, including $1,000,000 for Model State Drug
Law Conferences, and $1,500,000 to expand the Milwaukee,
Wisconsin High Intensity Drug Trafficking Area; and of which
$24,000,000 shall be available for Interagency Crime and Drug
Enforcement;
(2) As authorized by section 32401, $13,000,000 to the
Bureau of Alcohol, Tobacco and Firearms for disbursement through
grants, cooperative agreements, or contracts to local
governments for Gang Resistance Education and Training:
Provided, That notwithstanding sections 32401 and 310001, such
funds shall be allocated to State and local law enforcement and
prevention organizations.
Federal Law Enforcement Training Center
For necessary expenses of the Federal Law Enforcement Training
Center, as a bureau of the Department of the Treasury, including
materials and support costs of Federal law enforcement basic training;
purchase (not to exceed 52 for police-type use, without regard to the
general purchase price limitation) and hire of passenger motor vehicles;
for expenses for student athletic and related activities; uniforms
without regard to the general purchase price limitation for the current
fiscal year; the conducting of and participating in firearms matches and
presentation of awards; for public awareness and enhancing community
support of law enforcement
[[Page 112 STAT. 2681-483]]
training; not to exceed $9,500 for official reception and representation
expenses; room and board for student interns; and services as authorized
by 5 U.S.C. 3109; $71,923,000, of which up to $13,843,000 for materials
and support costs of Federal law enforcement basic training shall remain
available until September 30, 2001: Provided, <<NOTE: 42 USC 3771
note. acquisition, construction, improvements, and related
expenses>> That the Center is authorized to accept and use gifts of
property, both real and personal, and to accept services, for authorized
purposes, including funding of a gift of intrinsic value which shall be
awarded annually by the Director of the Center to the outstanding
student who graduated from a basic training program at the Center during
the previous fiscal year, which shall be funded only by gifts received
through the Center's gift authority: Provided further, That
notwithstanding any other provision of law, students attending training
at any Federal Law Enforcement Training Center site shall reside in on-
Center or Center-provided housing, insofar as available and in
accordance with Center policy: Provided further, That funds appropriated
in this account shall be available, at the discretion of the Director,
for the following: training United States Postal Service law enforcement
personnel and Postal police officers; State and local government law
enforcement training on a space-available basis; training of foreign law
enforcement officials on a space-available basis with reimbursement of
actual costs to this appropriation, except that reimbursement may be
waived by the Secretary for law enforcement training activities in
foreign countries undertaken pursuant to section 801 of the
Antiterrorism and Effective Death Penalty Act of 1996, Public Law 104-
32; training of private sector security officials on a space-available
basis with reimbursement of actual costs to this appropriation; and
travel expenses of non-Federal personnel to attend course development
meetings and training sponsored by the Center: Provided further, That
the Center is authorized to obligate funds in anticipation of
reimbursements from agencies receiving training sponsored by the Federal
Law Enforcement Training Center, except that total obligations at the
end of the fiscal year shall not exceed total budgetary resources
available at the end of the fiscal year: Provided further, That the
Federal Law Enforcement Training Center is authorized to provide
training for the Gang Resistance Education and Training program to
Federal and non-Federal personnel at any facility in partnership with
the Bureau of Alcohol, Tobacco and Firearms: Provided further, That the
Federal Law Enforcement Training Center is authorized to provide short-
term medical services for students undergoing training at the Center.
For expansion of the Federal Law Enforcement Training Center, for
acquisition of necessary additional real property and facilities, and
for ongoing maintenance, facility improvements, and related expenses,
$34,760,000, to remain available until expended.
Interagency Law Enforcement
For expenses necessary for the detection and investigation of
individuals involved in organized crime drug trafficking, including
[[Page 112 STAT. 2681-484]]
cooperative efforts with State and
local law enforcement, $51,900,000, of which $7,827,000 shall remain
available until expended.
Financial Management Service
For necessary expenses of the Financial Management Service,
$196,490,000, of which not to exceed $13,235,000 shall remain available
until September 30, 2001, for information systems modernization
initiatives.
For liquidation of certain debts to the United States Treasury
incurred by the Federal Financing Bank pursuant to section 9(b) of the
Federal Financing Bank Act of 1973, $3,317,960,000.
Bureau of Alcohol, Tobacco and Firearms
For necessary expenses of the Bureau of Alcohol, Tobacco and
Firearms, including purchase of not to exceed 812 vehicles for police-
type use, of which 650 shall be for replacement only, and hire of
passenger motor vehicles; hire of aircraft; services of expert witnesses
at such rates as may be determined by the Director; for payment of per
diem and/or subsistence allowances to employees where an assignment to
the National Response Team during the investigation of a bombing or
arson incident requires an employee to work 16 hours or more per day or
to remain overnight at his or her post of duty; not to exceed $15,000
for official reception and representation expenses; for training of
State and local law enforcement agencies with or without reimbursement,
including training in connection with the training and acquisition of
canines for explosives and fire accelerants detection; and provision of
laboratory assistance to State and local agencies, with or without
reimbursement; $541,574,000, of which $2,206,000 shall not be available
for obligation until September 30, 1999; of which $27,000,000 may be
used for the Youth Crime Gun Interdiction Initiative; of which not to
exceed $1,000,000 shall be available for the payment of attorneys' fees
as provided by 18 U.S.C. 924(d)(2); and of which $1,000,000 shall be
available for the equipping of any vessel, vehicle, equipment, or
aircraft available for official use by a State or local law enforcement
agency if the conveyance will be used in joint law enforcement
operations with the Bureau of Alcohol, Tobacco and Firearms and for the
payment of overtime salaries, travel, fuel, training, equipment, and
other similar costs of State and local law enforcement personnel,
including sworn officers and support personnel, that are incurred in
joint operations with the Bureau of Alcohol, Tobacco and Firearms:
Provided, That no funds made available by this or any other Act may be
used to transfer the functions, missions, or activities of the Bureau of
Alcohol, Tobacco and Firearms to other agencies or Departments in fiscal
year 1999: Provided further, That of the funds made available,
$4,500,000 shall be made available for the expansion of the National
Tracing Center: Provided further, That no funds appropriated herein
shall be available for salaries or administrative
[[Page 112 STAT. 2681-485]]
expenses in connection with consolidating or centralizing, within the
Department of the Treasury, the records, or any portion thereof, of
acquisition and disposition of firearms maintained by Federal firearms
licensees: Provided further, That no funds appropriated herein shall be
used to pay administrative expenses or the compensation of any officer
or employee of the United States to implement an amendment or amendments
to 27 CFR 178.118 or to change the definition of ``Curios or relics'' in
27 CFR 178.11 or remove any item from ATF Publication 5300.11 as it
existed on January 1, 1994: Provided further, That none of the funds
appropriated herein shall be available to investigate or act upon
applications for relief from Federal firearms disabilities under 18
U.S.C. 925(c): Provided further, That such funds shall be available to
investigate and act upon applications filed by corporations for relief
from Federal firearms disabilities under 18 U.S.C. 925(c): Provided
further, That no funds in this Act may be used to provide ballistics
imaging equipment to any State or local authority who has obtained
similar equipment through a Federal grant or subsidy unless the State or
local authority agrees to return that equipment or to repay that grant
or subsidy to the Federal Government: Provided further, That no funds
under this Act may be used to electronically retrieve information
gathered pursuant to 18 U.S.C. 923(g)(4) by name or any personal
identification code.
United States Customs Service
For necessary expenses of the United States Customs Service,
including purchase and lease of up to 1,050 motor vehicles of which 550
are for replacement only and of which 1,030 are for police-type use and
commercial operations; hire of motor vehicles; contracting with
individuals for personal services abroad; not to exceed $40,000 for
official reception and representation expenses; and awards of
compensation to informers, as authorized by any Act enforced by the
United States Customs Service, $1,642,565,000, of which such sums as
become available in the Customs User Fee Account, except sums subject to
section 13031(f)(3) of the Consolidated Omnibus Budget Reconciliation
Act of 1985, as amended (19 U.S.C. 58c(f)(3)), shall be derived from
that Account; of the total, not to exceed $150,000 shall be available
for payment for rental space in connection with preclearance operations,
not to exceed $4,000,000 shall be available until expended for research,
not to exceed $5,000,000 shall be available until expended for
conducting special operations pursuant to 19 U.S.C. 2081, and up to
$8,000,000 shall be available until expended for the procurement of
automation infrastructure items, including hardware, software, and
installation: Provided, That uniforms may be purchased without regard to
the general purchase price limitation for the current fiscal year:
Provided further, That of the amount provided, an additional $2,400,000
shall be made available for staffing and resources for the child
pornography cybers-muggling initiative: Provided further, That $500,000
shall be available to fund the expansion of services at the Vermont
World Trade Office: Provided further, That not to exceed $2,500,000
shall be available until expended for relocation of the Customs Air
Branch from Belle Chase to Hammond, Louisiana: Provided further, That
notwithstanding any other provision of law, the fiscal year aggregate
overtime limitation
[[Page 112 STAT. 2681-486]]
prescribed in subsection 5(c)(1) of the Act of February 13, 1911 (19
U.S.C. 261 and 267) shall be $30,000: Provided further, That of the
amount provided, $9,500,000 shall not be available for obligation until
September 30, 1999.
For expenses, not otherwise provided for, necessary for the
operation and maintenance of marine vessels, aircraft, and other related
equipment of the Air and Marine Programs, including operational training
and mission-related travel, and rental payments for facilities occupied
by the air or marine interdiction and demand reduction programs, the
operations of which include the following: the interdiction of narcotics
and other goods; the provision of support to Customs and other Federal,
State, and local agencies in the enforcement or administration of laws
enforced by the Customs Service; and, at the discretion of the
Commissioner of Customs, the provision of assistance to Federal, State,
and local agencies in other law enforcement and emergency humanitarian
efforts, $113,688,000, which shall remain available until expended:
Provided, That no aircraft or other related equipment, with the
exception of aircraft which is one of a kind and has been identified as
excess to Customs requirements and aircraft which has been damaged
beyond repair, shall be transferred to any other Federal agency,
department, or office outside of the Department of the Treasury, during
fiscal year 1999 without the prior approval of the Committees on
Appropriations.
For administrative expenses related to the collection of the Harbor
Maintenance Fee, pursuant to Public Law 103-182, $3,000,000, to be
derived from the Harbor Maintenance Trust Fund and to be transferred to
and merged with the Customs ``Salaries and Expenses'' account for such
purposes.
Bureau of the Public Debt
For necessary expenses connected with any public-debt issues of the
United States, $176,500,000, of which not to exceed $2,500 shall be
available for official reception and representation expenses, and of
which not to exceed $2,000,000 shall remain available until September
30, 2001, for information systems modernization initiatives: Provided,
That the sum appropriated herein from the General Fund for fiscal year
1999 shall be reduced by not more than $4,400,000 as definitive security
issue fees and Treasury Direct Investor Account Maintenance fees are
collected, so as to result in a final fiscal year 1999 appropriation
from the General Fund estimated at $172,100,000, and in addition,
$20,000, to be derived from the Oil Spill Liability Trust Fund to
reimburse the Bureau for administrative and personnel expenses for
financial management of the Fund, as authorized by section 102 of Public
Law 101-380: <<NOTE: 31 USC 306 note.>> Provided further, That
notwithstanding any other provisions of law, effective upon enactment
and thereafter, the Bureau
[[Page 112 STAT. 2681-487]]
of the Public Debt shall be fully and directly reimbursed by the funds
described in section 104 of Public Law 101-136 (103 Stat. 789) for costs
and services performed by the Bureau in the administration of such
funds.
Internal Revenue Service
For necessary expenses of the Internal Revenue Service for tax
returns processing; revenue accounting; tax law and account assistance
to taxpayers by telephone and correspondence; programs to match
information returns and tax returns; management services; rent and
utilities; and inspection; including purchase (not to exceed 150 for
replacement only for police-type use) and hire of passenger motor
vehicles (31 U.S.C. 1343(b)); and services as authorized by 5 U.S.C.
3109, at such rates as may be determined by the Commissioner;
$3,086,208,000, of which up to $3,700,000 shall be for the Tax
Counseling for the Elderly Program, and of which not to exceed $25,000
shall be for official reception and representation expenses: Provided,
That of the amount provided, $105,000,000 shall remain available until
expended for postage and shall not be obligated before September 30,
1999: Provided further, That, pursuant to 39 U.S.C. 3206(a), funds shall
continue to be provided to the United States Postal Service for postage
due: Provided further, That of the amount provided, $25,000,000 shall
not be available for obligation until September 30, 1999.
For necessary expenses of the Internal Revenue Service for
determining and establishing tax liabilities; providing litigation
support; issuing technical rulings; examining employee plans and exempt
organizations; conducting criminal investigation and enforcement
activities; securing unfiled tax returns; collecting unpaid accounts;
compiling statistics of income and conducting compliance research;
purchase (for police-type use, not to exceed 850) and hire of passenger
motor vehicles (31 U.S.C. 1343(b)); and services as authorized by 5
U.S.C. 3109, at such rates as may be determined by the Commissioner,
$3,164,189,000.
For funding essential earned income tax credit compliance and error
reduction initiatives pursuant to section 5702 of the Balanced Budget
Act of 1997 (Public Law 105-33), $143,000,000, of which not to exceed
$10,000,000 may be used to reimburse the Social Security Administration
for the costs of implementing section 1090 of the Taxpayer Relief Act of
1997.
For necessary expenses of the Internal Revenue Service for
information systems and telecommunications support, including
developmental information systems and operational information systems;
the hire of passenger motor vehicles (31 U.S.C. 1343(b)); and services
as authorized by 5 U.S.C. 3109, at such rates as may be determined by
the Commissioner, $1,265,456,000, which shall remain available until
September 30, 2000, and of which
[[Page 112 STAT. 2681-488]]
$103,000,000 shall be available only for improvements to customer
service.
For necessary expenses of the Internal Revenue Service,
$211,000,000, to remain available until September 30, 2002, for the
capital asset acquisition of information technology systems, including
management and related contractual costs of such acquisition, and
including contractual costs associated with operations authorized by 5
U.S.C. 3109: Provided, That none of these funds is available for
obligation until September 30, 1999: Provided further, That none of
these funds shall be obligated until the Internal Revenue Service and
the Department of the Treasury submit to Congress for approval, a plan
for expenditure that: (1) implements the Internal Revenue Service's
Modernization Blueprint submitted to Congress on May 15, 1997; (2) meets
the information systems investment guidelines established by the Office
of Management and Budget and in the fiscal year 1998 budget; (3) is
reviewed and approved by the Office of Management and Budget, the
Department of the Treasury's IRS Management Board, and is reviewed by
the General Accounting Office; (4) meets the requirements of the May 15,
1997 Internal Revenue Service's Systems Life Cycle program; and (5) is
in compliance with acquisition rules, requirements, guidelines, and
systems acquisition management practices of the Federal Government.
Section 101. Not to exceed 5 percent of any appropriation made
available in this Act to the Internal Revenue Service may be transferred
to any other Internal Revenue Service appropriation upon the advance
approval of the House and Senate Committees on Appropriations.
Sec. 102. <<NOTE: 26 USC 7803 note.>> The Internal Revenue Service
shall maintain a training program to ensure that Internal Revenue
Service employees are trained in taxpayers' rights, in dealing
courteously with the taxpayers, and in cross-cultural relations.
Sec. 103. The funds provided in this Act for the Internal Revenue
Service shall be used to provide, as a minimum, the fiscal year 1995
level of service, staffing, and funding for Taxpayer Services.
Sec. 104. None of the funds appropriated by this title shall be
used in connection with the collection of any underpayment of any tax
imposed by the Internal Revenue Code of 1986 unless the conduct of
officers and employees of the Internal Revenue Service in connection
with such collection, including any private sector employees under
contract to the Internal Revenue Service, complies with subsection (a)
of section 805 (relating to communications in connection with debt
collection), and section 806 (relating to harassment or abuse), of the
Fair Debt Collection Practices Act (15 U.S.C. 1692).
Sec. 105. <<NOTE: 26 USC 6103 note.>> The Internal Revenue Service
shall institute and enforce policies and procedures which will safeguard
the confidentiality of taxpayer information.
Sec. 106. Funds made available by this or any other Act to the
Internal Revenue Service shall be available for improved facilities and
increased manpower to provide sufficient and effective
[[Page 112 STAT. 2681-489]]
1-800 help line for taxpayers. The Commissioner shall continue to make
the improvement of the Internal Revenue Service 1-800 help line service
a priority and allocate resources necessary to increase phone lines and
staff to improve the Internal Revenue Service 1-800 help line service.
Sec. 107. Notwithstanding any other provision of law, no
reorganization of the field office structure of the Internal Revenue
Service Criminal Investigation Division will result in a reduction of
criminal investigators in Wisconsin and South Dakota from the 1996
level.
United States Secret Service
For necessary expenses of the United States Secret Service,
including purchase of not to exceed 739 vehicles for police-type use, of
which 675 shall be for replacement only, and hire of passenger motor
vehicles; hire of aircraft; training and assistance requested by State
and local governments, which may be provided without reimbursement;
services of expert witnesses at such rates as may be determined by the
Director; rental of buildings in the District of Columbia, and fencing,
lighting, guard booths, and other facilities on private or other
property not in Government ownership or control, as may be necessary to
perform protective functions; for payment of per diem and/or subsistence
allowances to employees where a protective assignment during the actual
day or days of the visit of a protectee require an employee to work 16
hours per day or to remain overnight at his or her post of duty; the
conducting of and participating in firearms matches; presentation of
awards; for travel of Secret Service employees on protective missions
without regard to the limitations on such expenditures in this or any
other Act if approval
is obtained in advance from the Committees on Appropriations; for
research and development; for making grants to conduct behavioral
research in support of protective research and operations; not to exceed
$20,000 for official reception and representation expenses; not to
exceed $50,000 to provide technical assistance and equipment to foreign
law enforcement organizations in counterfeit investigations; for payment
in advance for commercial accommodations as may be necessary to perform
protective functions; and for uniforms without regard to the general
purchase price limitation for the current fiscal year, $600,302,000:
Provided, That $18,000,000 provided for protective travel shall remain
available until September 30, 2000; Provided further, That of the amount
provided, $5,000,000 shall not be available for obligation until
September 30, 1999.
For necessary expenses of construction, repair, alteration, and
improvement of facilities, $8,068,000, to remain available until
expended.
General Provisions--Department of the Treasury
Sec. 110. Any obligation or expenditure by the Secretary of the
Treasury in connection with law enforcement activities of a
[[Page 112 STAT. 2681-490]]
Federal agency or a Department of the Treasury law enforcement
organization in accordance with 31 U.S.C. 9703(g)(4)(B) from unobligated
balances remaining in the Fund on September 30, 1999, shall be made in
compliance with reprogramming guidelines.
Sec. 111. Appropriations to the Department of the Treasury in this
Act shall be available for uniforms or allowances therefor, as
authorized by law (5 U.S.C. 5901), including maintenance, repairs, and
cleaning; purchase of insurance for official motor vehicles operated in
foreign countries; purchase of motor vehicles without regard to the
general purchase price limitations for vehicles purchased and used
overseas for the current fiscal year; entering into contracts with the
Department of State for the furnishing of health and medical services to
employees and their dependents serving in foreign countries; and
services authorized by 5 U.S.C. 3109.
Sec. 112. The funds provided to the Bureau of Alcohol, Tobacco and
Firearms for fiscal year 1999 in this Act for the enforcement of the
Federal Alcohol Administration Act shall be expended in a manner so as
not to diminish enforcement efforts with respect to section 105 of the
Federal Alcohol Administration Act.
Sec. 113. Not to exceed 2 percent of any appropriations in this Act
made available to the Federal Law Enforcement Training Center, Financial
Crimes Enforcement Network, Bureau of Alcohol, Tobacco and Firearms,
United States Customs Service, and United States Secret Service may be
transferred between such appropriations upon the advance approval of the
Committees on Appropriations. No transfer may increase or decrease any
such appropriation by more than 2 percent.
Sec. 114. Not to exceed 2 percent of any appropriations in this Act
made available to the Departmental Offices, Office of Inspector General,
Financial Management Service, and Bureau of the Public Debt, may be
transferred between such appropriations upon the advance approval of the
Committees on Appropriations. No transfer may increase or decrease any
such appropriation by more than 2 percent.
Sec. 115. Section 921(a) of title 18, United States Code, is
amended--
(1) in paragraph (5), by striking ``the explosive in a fixed
shotgun shell'' and inserting ``an explosive'';
(2) in paragraph (7), by striking ``the explosive in a fixed
metallic cartridge'' and inserting ``an explosive''; and
(3) by striking paragraph (16) and inserting the following:
``(16) The term `antique firearm' means--
``(A) any firearm (including any firearm with a matchlock,
flintlock, percussion cap, or similar type of ignition system)
manufactured in or before 1898; or
``(B) any replica of any firearm described in subparagraph
(A) if such replica--
``(i) is not designed or redesigned for using
rimfire or conventional centerfire fixed ammunition, or
``(ii) uses rimfire or conventional centerfire fixed
ammunition which is no longer manufactured in the United
States and which is not readily available in the
ordinary channels of commercial trade; or
``(C) any muzzle loading rifle, muzzle loading shotgun, or
muzzle loading pistol, which is designed to use black powder, or
a black powder substitute, and which cannot use fixed
[[Page 112 STAT. 2681-491]]
ammunition. For purposes of this subparagraph, the term `antique
firearm' shall not include any weapon which incorporates a
firearm frame or receiver, any firearm which is converted into a
muzzle loading weapon, or any muzzle loading weapon which can be
readily converted to fire fixed ammunition by replacing the
barrel, bolt, breechblock, or any combination thereof.''.
Sec. 116. Of the funds available for the purchase of law enforcement
vehicles, no funds may be obligated until the Secretary of the Treasury
certifies that the purchase by the respective Treasury bureau is
consistent with the vehicle management principles: Provided, That the
Secretary may delegate this authority to the Assistant Secretary for
Management.
Sec. 117. Exception to Immunity From Attachment or Execution. (a)
Section 1610 of title 28, United States Code, is amended by adding at
the end the following new subsection:
``(f)(1)(A) Notwithstanding any other provision of law, including
but not limited to section 208(f) of the Foreign Missions Act (22 U.S.C.
4308(f)), and except as provided in subparagraph (B), any property with
respect to which financial transactions are prohibited or regulated
pursuant to section 5(b) of the Trading with the Enemy Act (50 U.S.C.
App. 5(b)), section 620(a) of the Foreign Assistance Act of 1961 (22
U.S.C. 2370(a)), sections 202 and 203 of the International Emergency
Economic Powers Act (50 U.S.C. 1701-1702), or any other proclamation,
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 (including any agency or
instrumentality or such state) claiming such property is not immune
under section 1605(a)(7).
``(B) Subparagraph (A) shall not apply 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, if held in trust, has been held
for the benefit of a natural person or persons.
``(2)(A) 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 under section 1605(a)(7), the Secretary of the Treasury and the
Secretary of State shall fully, promptly, and effectively assist any
judgment creditor or any court that has issued any such judgment in
identifying, locating, and executing against the property of that
foreign state or any agency or instrumentality of such state.
``(B) In providing such assistance, the Secretaries--
``(i) may provide such information to the court under seal;
and
``(ii) shall provide the information in a manner sufficient
to allow the court to direct the United States Marshall's office
to promptly and effectively execute against that property.''.
(b) Conforming Amendment.--Section 1606 of title 28, United States
Code, is amended by inserting after ``punitive damages'' the following:
``, except any action under section 1605(a)(7) or 1610(f)''.
(c) Effective Date <<NOTE: 28 USC 1610 note.>> .--The amendments
made by subsections (a) and (b) shall apply to any claim for which a
foreign state is not immune under section 1605(a)(7) of title 28, United
States Code, arising before, on, or after the date of enactment of this
Act.
[[Page 112 STAT. 2681-492]]
(d) Waiver.-- <<NOTE: 28 USC 1610 note.>> The President may waive
the requirements of this section in the interest of national security.
This title may be cited as the ``Treasury Department Appropriations
Act, 1999''.
<<NOTE: Postal Service Appropriations Act, 1999.>> TITLE II--POSTAL
SERVICE
Payments to the Postal Service Fund
For payment to the Postal Service Fund for revenue forgone on free
and reduced rate mail, pursuant to subsections (c) and (d) of section
2401 of title 39, United States Code, $71,195,000, which shall remain
available until September 30, 2000: Provided, That none of the funds
provided shall be available for obligation until October 1, 1999:
Provided further, That mail for overseas voting and mail for the blind
shall continue to be free: <<NOTE: 39 USC 403 note.>> Provided further,
That 6-day delivery and rural delivery of mail shall continue at not
less than the 1983 level: Provided further, That none of the funds made
available to the Postal Service by this Act shall be used to implement
any rule, regulation, or policy of charging any officer or employee of
any State or local child support enforcement agency, or any individual
participating in a State or local program of child support enforcement,
a fee for information requested or provided concerning an address of a
postal customer: Provided further, That none of the funds provided in
this Act shall be used to consolidate or close small rural and other
small post offices in the fiscal year ending on September 30, 1999.
This title may be cited as the ``Postal Service Appropriations Act,
1999''.
<<NOTE: Executive Office Appropriations Act, 1999.>> TITLE III--
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
Compensation of the President and the White House Office
For compensation of the President, including an expense allowance at
the rate of $50,000 per annum as authorized by 3 U.S.C. 102, $250,000:
Provided, That none of the funds made available for official expenses
shall be expended for any other purpose and any unused amount shall
revert to the Treasury pursuant to section 1552 of title 31, United
States Code: Provided further, <<NOTE: 3 USC 102 note. salaries and
expenses>> That none of the funds made available for official expenses
shall be considered as taxable to the President.
For necessary expenses for the White House as authorized by law,
including not to exceed $3,850,000 for services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3
U.S.C. 105, which shall be expended and accounted for as provided in
that section; hire of passenger motor vehicles, newspapers, periodicals,
teletype news service, and travel (not to exceed $100,000 to be expended
and accounted for as provided by 3 U.S.C. 103); and not to exceed
$19,000 for official entertainment expenses, to be available for
allocation within the Executive Office of the President, $52,344,000:
Provided, That $10,100,000
[[Page 112 STAT. 2681-493]]
of the funds appropriated shall be available for reimbursements to the
White House Communications Agency.
Executive Residence at the White House
For the care, maintenance, repair and alteration, refurnishing,
improvement, heating, and lighting, including electric power and
fixtures, of the Executive Residence at the White House and official
entertainment expenses of the President, $8,061,000, to be expended and
accounted for as provided by 3 U.S.C. 105, 109, 110, and 112-114:
Provided, That such amount shall not be available for expenses for
domestic staff overtime.
In addition, for necessary expenses for domestic staff overtime,
$630,000: Provided, That such amount shall not become available for
obligation until the Comptroller General of the United States notifies
the Committees on Appropriations that (1) the Executive Office of the
President has received, reviewed, and commented on the draft report of
the General Accounting Office with respect to its audit of the Executive
Residence at the White House; and (2) the General Accounting Office has
received the comments of the Executive Office of the President.
For the reimbursable expenses of the Executive Residence at the
White House, such sums as may be necessary: Provided, That all
reimbursable operating expenses of the Executive Residence shall be made
in accordance with the provisions of this paragraph: Provided further,
That, notwithstanding any other provision of law, such amount for
reimbursable operating expenses shall be the exclusive authority of the
Executive Residence to incur obligations and to receive offsetting
collections, for such expenses: Provided further, That the Executive
Residence shall require each person sponsoring a reimbursable political
event to pay in advance an amount equal to the estimated cost of the
event, and all such advance payments shall be credited to this account
and remain available until expended: Provided further, That the
Executive Residence shall require the national committee of the
political party of the President to maintain on deposit $25,000, to be
separately accounted for and available for expenses relating to
reimbursable political events sponsored by such committee during such
fiscal year: Provided further, That the Executive Residence shall ensure
that a written notice of any amount owed for a reimbursable operating
expense under this paragraph is submitted to the person owing such
amount within 60 days after such expense is incurred, and that such
amount is collected within 30 days after the submission of such notice:
Provided further, That the Executive Residence shall charge interest and
assess penalties and other charges on any such amount that is not
reimbursed within such 30 days, in accordance with the interest and
penalty provisions applicable to an outstanding debt on a United States
Government claim under section 3717 of title 31, United States Code:
Provided further, That each such amount that is reimbursed, and any
accompanying interest and charges, shall be deposited in the Treasury as
miscellaneous receipts: Provided further, That the Executive Residence
shall prepare and submit to the Committees on Appropriations, by not
later than
[[Page 112 STAT. 2681-494]]
90 days after the end of the fiscal year covered by this Act, a report
setting forth the reimbursable operating expenses of the Executive
Residence during the preceding fiscal year, including the total amount
of such expenses, the amount of such total that consists of reimbursable
official and ceremonial events, the amount of such total that consists
of reimbursable political events, and the portion of each such amount
that has been reimbursed as of the date of the report: Provided further,
That the Executive Residence shall maintain a system for the tracking of
expenses related to reimbursable events within the Executive Residence
that includes a standard for the classification of any such expense as
political or nonpolitical: Provided further, That no provision of this
paragraph may be construed to exempt the Executive Residence from any
other applicable requirement of subchapter I or II of chapter 37 of
title 31, United States Code.
Special Assistance to the President and the Official Residence of the
Vice President
For necessary expenses to enable the Vice President to provide
assistance to the President in connection with specially assigned
functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106,
including subsistence expenses as authorized by 3 U.S.C. 106, which
shall be expended and accounted for as provided in that section; and
hire of passenger motor vehicles, $3,512,000.
For the care, operation, refurnishing, improvement, heating, and
lighting, including electric power and fixtures, of the official
residence of the Vice President; the hire of passenger motor vehicles;
and not to exceed $90,000 for official entertainment expenses of the
Vice President, to be accounted for solely on his certificate, $334,000:
Provided, That advances or repayments or transfers from this
appropriation may be made to any department or agency for expenses of
carrying out such activities.
Council of Economic Advisers
For necessary expenses of the Council in carrying out its functions
under the Employment Act of 1946 (15 U.S.C. 1021), $3,666,000.
Office of Policy Development
salaries and expenses
For necessary expenses of the Office of Policy Development,
including services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107,
$4,032,000.
[[Page 112 STAT. 2681-495]]
National Security Council
For necessary expenses of the National Security Council, including
services as authorized by 5 U.S.C. 3109, $6,806,000.
Office of Administration
For necessary expenses of the Office of Administration, including
services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of
passenger motor vehicles, $28,350,000.
Office of Management and Budget
For necessary expenses of the Office of Management and Budget (OMB),
including hire of passenger motor vehicles and services as authorized by
5 U.S.C. 3109, $60,617,000, of which not to exceed $5,000,000 shall be
available to carry out the provisions of chapter 35 of title 44, United
States Code: Provided, That, as provided in 31 U.S.C. 1301(a),
appropriations shall be applied only to the objects for which
appropriations were made except as otherwise provided by law: Provided
further, That none of the funds appropriated in this Act for the Office
of Management and Budget may be used for the purpose of reviewing any
agricultural marketing orders or any activities or regulations under the
provisions of the Agricultural Marketing Agreement Act of 1937 (7 U.S.C.
601 et seq.): Provided further, That none of the funds made available
for the Office of Management and Budget by this Act may be expended for
the altering of the transcript of actual testimony of witnesses, except
for testimony of officials of the Office of Management and Budget,
before the Committees on Appropriations or the Committees on Veterans'
Affairs or their subcommittees: Provided further, That the preceding
shall not apply to printed hearings released by the Committees on
Appropriations or the Committees on Veterans' Affairs: Provided further,
That the Director of OMB amends Section __.36 of OMB Circular A-110 to
require Federal awarding agencies to ensure that all data produced under
an award will be made available to the public through the procedures
established under the Freedom of Information Act: Provided further, That
if the agency obtaining the data does so solely at the request of a
private party, the agency may authorize a reasonable user fee equaling
the incremental cost of obtaining the data: Provided further, That OMB
is directed to submit a report by March 31, 1999, to the Committees on
Appropriations, the Senate Committee on Governmental Affairs, and the
House Committee on Government Reform and Oversight that: (1) identifies
specific paperwork reduction accomplishments expected, constituting
annual five percent reductions in paperwork expected in fiscal year 1999
and fiscal year 2000; and (2) issues guidance on the requirements of 5
U.S.C. Sec. 801(a)(1) and (3); sections 804(3), and 808(2), including a
standard new rule reporting form for use under section 801(a)(1)(A)-(B).
[[Page 112 STAT. 2681-496]]
Office of National Drug Control Policy
For necessary expenses of the Office of National Drug Control
Policy; for research activities pursuant to title I of Public Law 100-
690; not to exceed $8,000 for official reception and representation
expenses; and for participation in joint projects or in the provision of
services on matters of mutual interest with nonprofit, research, or
public organizations or agencies, with or without reimbursement;
$48,042,000, of which $30,100,000 shall remain available until expended,
consisting of $1,100,000 for policy research and evaluation, and
$16,000,000 for the Counterdrug Technology Assessment Center for
counternarcotics research and development projects, and $13,000,000 for
the continued operation of the technology transfer program: Provided,
That the $16,000,000 for the Counterdrug Technology Assessment Center
shall be available for transfer to other Federal departments or
agencies: <<NOTE: 21 USC 1702 note.>> Provided further, That the Office
is authorized to accept, hold, administer, and utilize gifts, both real
and personal, public and private, without fiscal year limitation, for
the purpose of aiding or facilitating the work of the Office.
Federal Drug Control Programs
For necessary expenses of the Office of National Drug Control
Policy's High Intensity Drug Trafficking Areas Program, $182,477,000 for
drug control activities consistent with the approved strategy for each
of the designated High Intensity Drug Trafficking Areas, of which no
less than 51 percent shall be transferred to State and local entities
for drug control activities, which shall be obligated within 120 days of
the date of enactment of this Act: Provided, That funding shall be
provided for existing High Intensity Drug Trafficking Areas at no less
than the total fiscal year 1998 level consisting of funding from this
account as well as the Violent Crime Reduction Trust Fund.
For activities to support a national anti-drug campaign for youth,
and other purposes, authorized by Public Law 100-690, as amended,
$214,500,000, to remain available until expended: Provided, That such
funds may be transferred to other Federal departments and agencies
to carry out such activities: Provided further, That of the funds
provided, $185,000,000 shall be to support a national media campaign to
reduce and prevent drug use among young Americans: Provided further,
That none of the funds provided for the support of a national media
campaign may be obligated for the following purposes: to supplant
current anti-drug community based coalitions; to supplant current pro
bono public service time donated by national and local broadcasting
networks; for partisan
[[Page 112 STAT. 2681-497]]
political purposes; or to fund media campaigns that feature any elected
officials, persons seeking elected office, cabinet-level officials, or
other Federal officials employed pursuant to Schedule C of title 5, Code
of Federal Regulations, section 213, absent advance notice to the
Committees on Appropriations and the Senate Judiciary Committee:
Provided further, That (1) ONDCP will require a pro bono match
commitment up-front as part of its media buy from each and every seller
of ad time and space, (2) ONDCP, or any agent acting on its behalf, may
not obligate any funds for the creative development of advertisements
from for-profit organizations, not including out-of-pocket production
costs and talent re-use payments, unless (A) the advertisements are
intended to reach a minority, ethnic or other special audience that
cannot be obtained on a pro bono basis within the time frames required
by ONDCP's advertising and buying agencies, and (B) ONDCP receives prior
approval from the Committees on Appropriations, (3) ONDCP will submit
within three months of enactment of this Act an implementation plan to
the Committees on Appropriations to secure corporate sponsorship
equaling 40 percent of the appropriated amount in fiscal year 1999, the
definition of which is a contribution that is not received as a result
of leveraging funds to receive said sponsorship, corporate sponsorship
equaling 60 percent of the appropriated amount in fiscal year 2000,
corporate sponsorship equaling 80 percent of the appropriated amount in
fiscal year 2001, corporate sponsorship equaling 100 percent of the
appropriated amount in fiscal year 2002, (4) the funds provided for the
support of a national media campaign may be used to fund the purchase of
media time and space, talent re-use payments, out-of-pocket advertising
production costs, testing and evaluation of advertising, evaluation of
the effectiveness of the media campaign, the negotiated fees for the
winning bidder on the request for proposal recently issued by ONDCP,
partnership with community, civic, and professional groups, and
government organizations related to the media campaign, entertainment
industry collaborations to fashion anti-drug messages in movies,
television programming, and popular music, interactive (Internet and
new) media projects/activities, public information (News Media
Outreach), and corporate sponsorship/participation, (5) ONDCP shall not
obligate funds provided for the national media campaign for fiscal year
1999 until ONDCP has submitted the evaluation and results of Phase I of
the campaign to the Committees on Appropriations, and may obligate not
more than 75 percent of these funds until ONDCP has submitted the
evaluation and results of Phase II of the campaign to the Committees on
Appropriations, and (6) ONDCP is required to report to the Committees on
Appropriations not only quarterly, but also to provide monthly itemized
reports of all expenditures and obligations relating to the media
campaign as well as the specific parameters of the national media
campaign, and shall report to Congress within one year on the
effectiveness of the national media campaign based upon the measurable
outcomes provided to Congress previously: Provided further, That of the
funds provided, $4,500,000 shall be available for transfer to the
Agricultural Research Service for anti-drug research and related
matters: Provided further, That of the funds provided, $20,000,000 shall
be to continue a program of matching grants to drug-free communities, as
authorized in the Drug-Free Communities Act of 1997: Provided further,
That of
[[Page 112 STAT. 2681-498]]
the funds provided, $5,000,000 shall be available for the chronic users
study.
Unanticipated Needs
For expenses necessary to enable the President to meet unanticipated
needs, in furtherance of the national interest, security, or defense
which may arise at home or abroad during the current fiscal year,
$1,000,000.
This title may be cited as the ``Executive Office Appropriations
Act, 1999''.
<<NOTE: Independent Agencies Appropriations Act, 1999.>> TITLE IV--
INDEPENDENT AGENCIES
Committee for Purchase From People Who Are Blind or Severely Disabled
For necessary expenses of the Committee for Purchase From People Who
Are Blind or Severely Disabled established by the Act of June 23, 1971,
Public Law 92-28, $2,464,000.
Federal Election Commission
For necessary expenses to carry out the provisions of the Federal
Election Campaign Act of 1971, as amended, $36,500,000, of which no less
than $4,402,500 shall be available for internal automated data
processing systems, and of which not to exceed $5,000 shall be available
for reception and representation expenses: Provided, That of the amounts
appropriated for salaries and expenses, $1,120,000 may not be obligated
until the Federal Election Commission submits a plan for approval to the
House Committee on Appropriations for the expenditure of such funds.
Federal Labor Relations Authority
For necessary expenses to carry out functions of the Federal Labor
Relations Authority, pursuant to Reorganization Plan Numbered 2 of 1978,
and the Civil Service Reform Act of 1978, including services authorized
by 5 U.S.C. 3109, including hire of experts and consultants, hire of
passenger motor vehicles, and rental of conference rooms in the District
of Columbia and elsewhere, $22,586,000: Provided, That public members of
the Federal Service Impasses Panel may be paid travel expenses and per
diem in lieu of subsistence as authorized by law (5 U.S.C. 5703) for
persons employed intermittently in the Government service, and
compensation as authorized by 5 U.S.C. 3109: Provided further, That
notwithstanding 31 U.S.C. 3302, funds received from fees charged to non-
Federal participants at labor-management relations conferences shall be
credited to and merged with this account, to be available without
further appropriation for the costs of carrying out these conferences.
[[Page 112 STAT. 2681-499]]
General Services Administration
For additional expenses necessary to carry out the purpose of the
Fund established pursuant to section 210(f) of the Federal Property and
Administrative Services Act of 1949, as amended (40 U.S.C. 490(f)),
$450,018,000 to be deposited into the Fund. The revenues and collections
deposited into the Fund shall be available for necessary expenses of
real property management and related activities not otherwise provided
for, including operation, maintenance, and protection of federally owned
and leased buildings; rental of buildings in the District of Columbia;
restoration of leased premises; moving governmental agencies (including
space adjustments and telecommunications relocation expenses) in
connection with the assignment, allocation and transfer of space;
contractual services incident to cleaning or servicing buildings, and
moving; repair and alteration of federally owned buildings including
grounds, approaches and appurtenances; care and safeguarding of sites;
maintenance, preservation, demolition, and equipment; acquisition of
buildings and sites by purchase, condemnation, or as otherwise
authorized by law; acquisition of options to purchase buildings and
sites; conversion and extension of federally owned buildings;
preliminary planning and design of projects by contract or otherwise;
construction of new buildings (including equipment for such buildings);
and payment of principal, interest, and any other obligations for public
buildings acquired by installment purchase and purchase contract; in the
aggregate amount of $5,605,018,000, of which: (1) $492,190,000 shall
remain available until expended for construction of additional projects
at locations and at maximum construction improvement costs (including
funds for sites and expenses and associated design and construction
services) as follows:
New construction:
Arkansas:
Little Rock, U.S. courthouse, $3,436,000
California:
San Diego, U.S. courthouse, $15,400,000
San Jose, U.S. courthouse, $10,800,000
Colorado:
Denver, U.S. courthouse, $83,959,000
District of Columbia:
Southeast Federal Center remediation,
$10,000,000
Florida:
Jacksonville, U.S. courthouse, $86,010,000
Orlando, U.S. courthouse, $1,930,000
Massachusetts:
Springfield, U.S. courthouse, $5,563,000
Michigan:
Sault Sainte Marie, border station, $572,000
Mississippi:
Biloxi-Gulfport, U.S. courthouse, $7,543,000
Missouri:
[[Page 112 STAT. 2681-500]]
Cape Girardeau, U.S. courthouse, $2,196,000
Montana:
Babb, Piegan border station, $6,165,000
New York:
Brooklyn, U.S. courthouse, $152,626,000
New York, U.S. Mission to the United Nations,
$3,163,000
Oregon:
Eugene, U.S. courthouse, $7,190,000
Tennessee:
Greenville, U.S. courthouse, $28,229,000
Texas:
Laredo, U.S. courthouse, $28,105,000
West Virginia:
Wheeling, U.S. courthouse, $29,303,000
Nationwide:
Non-prospectus, $10,000,000:
Provided, That each of the immediately foregoing limits of costs on new
construction projects may be exceeded to the extent that savings are
effected in other such projects, but not to exceed 10 percent unless
advance approval is obtained from the Committees on Appropriations of a
greater amount: Provided further, That notwithstanding any other
provision of law in order to rescind a General Services Administration
property sale, the General Services Administration is authorized to re-
acquire that parcel of land on Block 111, East Denver, Denver, Colorado,
which was sold at public auction by the Federal government to its
present owner pursuant to paragraphs (6) and (7) of section 12 of Public
Law 94-204 (43 U.S.C. 1611 note) at a price equivalent to the 1988
auction sale price
plus the amount of cumulative consumer price index, pursuant to the
methodology as used in Public Law 104-42, Sec. 107(a), from the closing
date of the sale until the date of re-acquisition by the Federal
government, offset by any net income received from the property by the
present owner since the 1988 sale: Provided further, That the funds
provided in Public Law 102-393 for Hilo, Hawaii, shall be expended for
the planning and design of the Mauna Kea Astronomy Educational Center,
notwithstanding Public Law 103-123, and of the funds provided not more
than $475,000 is to be disbursed in this fiscal year: Provided further,
That all funds for direct construction projects shall expire on
September 30, 2000, and remain in the Federal Buildings Fund except for
funds for projects as to which funds for design or other funds have been
obligated in whole or in part prior to such date: Provided further, That
of the funds provided for non-prospectus construction projects,
$2,100,000 shall be available until expended for acquisition, lease,
construction, and equipping of flexiplace telecommuting centers:
Provided further, That from the funds made available under this heading
in this or prior Acts of Congress, the Administrator of General Services
may purchase at a price he determines appropriate, notwithstanding any
other provision of law, property adjacent to the new courthouse
currently under construction in Scranton, Pennsylvania; (2) $668,031,000
shall remain available until expended, for repairs and alterations which
includes associated design and construction services: Provided further,
That of the amount provided, $161,500,000 shall not be available for
obligation until September 30, 1999: Provided further, That funds in the
Federal Buildings Fund for Repairs and
[[Page 112 STAT. 2681-501]]
Alterations shall, for prospectus projects, be limited to the amount by
project as follows, except each project may be increased by an amount
not to exceed 10 percent unless advance approval is obtained from the
Committees on Appropriations of a greater amount:
Repairs and alterations:
California:
San Francisco, Appraisers Building, $29,778,000
Colorado:
Lakewood, Denver Federal Center, Building 25,
$29,351,000
District of Columbia:
Federal Office Building, 10B, $13,844,000
Interstate Commerce Commission, Connecting Wing
Complex, Customs Building, Phase 3/3, $83,959,000
Old Executive Office Building, $25,210,000
Department of State, Phase 1, $29,779,000
New York:
Brookhaven, Internal Revenue Service, Service
Center, $20,019,000
New York, U.S. Courthouse, 40 Foley Square,
$4,782,000
Pennsylvania:
Philadelphia, Byrne-Green, Federal Building-U.S.
Courthouse, $11,212,000
Virginia:
Reston, J.W. Powell Building, $9,151,000
Nationwide:
Chlorofluorocarbons Program, $25,000,000
Energy Program, $25,000,000
Design Program, $16,710,000
Basic Repairs and Alteration, $344,236,000:
Provided further, That additional projects for which prospectuses have
been fully approved may be funded under this category only if advance
approval is obtained from the Committees on Appropriations: Provided
further, That the amounts provided in this or any prior Act for
``Repairs and Alterations'' may be used to fund costs associated with
implementing security improvements to buildings necessary to meet the
minimum standards for security in accordance with current law and in
compliance with the reprogramming guidelines of the appropriate
Committees of the House and Senate: Provided further, That the
difference between the funds appropriated and expended on any projects
in this or any prior Act, under the heading ``Repairs and Alterations'',
may be transferred to Basic Repairs and Alterations or used to fund
authorized increases in prospectus projects: Provided further, That all
funds for repairs and alterations prospectus projects shall expire on
September 30, 2000, and remain in the Federal Buildings Fund except
funds for projects as to which funds for design or other funds have been
obligated in whole or in part prior to such date: Provided further, That
of the amount provided, $100,000 shall be used to address the lighting
issues at the Byrne-Green Federal Courthouse in Philadelphia,
Pennsylvania: Provided further, That of the amount provided in this or
any prior Act for Basic Repairs and Alterations, $1,600,000 shall be
provided to complete the alterations required at the Milwaukee,
Wisconsin Courthouse: Provided further, That of the amount provided in
this or any prior Act for Basic Repairs and Alterations, $1,100,000 may
be used to
[[Page 112 STAT. 2681-502]]
provide a new fence surrounding the Suitland Federal Complex in
Suitland, Maryland: Provided further, That $5,700,000 of the funds
provided under this heading in Public Law 103-329 for the Holtsville,
New York, IRS Service Center shall remain available until September 30,
1999: Provided further, That the amount provided in this or any prior
Act for Basic Repairs and Alterations may be used to pay claims against
the Government arising from any projects under the heading ``Repairs and
Alterations'' or used to fund authorized increases in prospectus
projects; (3) $215,764,000 for installment acquisition payments
including payments on purchase contracts which shall remain available
until expended; (4) $2,583,261,000 for rental of space which shall
remain available until expended: Provided further, That of the amount
provided, $15,000,000 shall not be available for obligation until
September 30, 1999; and (5) $1,554,772,000 for building operations which
shall remain available until expended: Provided further, That of the
amount provided $68,000,000 shall not be available for obligation until
September 30, 1999: Provided further, That funds available to the
General Services Administration shall not be available for expenses of
any construction, repair, alteration and acquisition project for which a
prospectus, if required by the Public Buildings Act of 1959, as amended,
has not been approved, except that necessary funds may be expended for
each project for required expenses for <<NOTE: 40 USC 490i.>> the
development of a proposed prospectus: Provided further, That for the
purposes of this authorization, and hereafter, buildings constructed
pursuant to the purchase contract authority of the Public Buildings
Amendments of 1972 (40 U.S.C. 602a), buildings occupied pursuant to
installment purchase contracts, and buildings under the control of
another department or agency where alterations of such buildings are
required in connection with the moving of such other department or
agency from buildings then, or thereafter to be, under the control of
the General Services Administration shall be considered to be federally
owned buildings: Provided further, That funds available in the Federal
Buildings Fund may be expended for emergency repairs when advance
approval is obtained from the Committees on Appropriations: Provided
further, That amounts necessary to provide reimbursable special services
to other agencies under section 210(f)(6) of the Federal Property and
Administrative Services Act of 1949, as amended (40 U.S.C. 490(f)(6))
and amounts to provide such reimbursable fencing, lighting, guard
booths, and other facilities on private or other property not in
Government ownership or control as may be appropriate to enable the
United States Secret Service to perform its protective functions
pursuant to 18 U.S.C. 3056, shall be available from such
revenues <<NOTE: 40 USC 872 note.>> and collections: Provided further,
That the remaining balances and associated assets and liabilities of the
Pennsylvania Avenue Activities account are hereby transferred to the
Federal Buildings Fund to be effective October 1, 1998, and that all
income earned after that effective date that would otherwise have been
deposited to the Pennsylvania Avenue Activities account shall thereafter
be deposited to the Federal Buildings Fund, to be available for the
purposes authorized by Public Laws 104-134 and 104-208, notwithstanding
subsection 210(f)(2) of the Federal Property and Administrative Services
Act, as amended: Provided further, That of the amount provided, $475,000
shall be made available for the 1999 Women's World Cup Soccer event:
Provided further, That of the amount provided, $600,000 shall be made
available
[[Page 112 STAT. 2681-503]]
for the 1999 World Alpine Ski Championships: Provided further, That
revenues and collections and any other sums accruing to this Fund during
fiscal year 1999, excluding reimbursements under section 210(f)(6) of
the Federal Property and Administrative Services Act of 1949 (40 U.S.C.
490(f)(6)) in excess of $5,605,018,000 shall remain in the Fund and
shall not be available for expenditure except as authorized in
appropriations Acts.
For expenses authorized by law, not otherwise provided for, for
Government-wide policy and oversight activities associated with asset
management activities; utilization and donation of surplus personal
property; transportation; procurement and supply; Government-wide and
internal responsibilities relating to automated data management,
telecommunications, information resources management, and related
technology activities; utilization survey, deed compliance inspection,
appraisal, environmental and cultural analysis, and land use planning
functions pertaining to excess and surplus real property; agency-wide
policy direction; Board of Contract Appeals; accounting, records
management, and other support services incident to adjudication of
Indian Tribal Claims by the United States Court of Federal Claims;
services as authorized by 5 U.S.C. 3109; and not to exceed $5,000 for
official reception and representation expenses; $109,594,000: Provided,
That none of the funds appropriated from this Act shall be available to
convert the Old Post Office at 1100 Pennsylvania Avenue in Northwest
Washington, D.C., from office use to any other use until a comprehensive
plan, which shall include street-level retail use, has been approved by
the Senate Committee on Appropriations, the House Committee on
Transportation and Infrastructure, and the Senate Committee on
Environment and Public Works: Provided further, That no funds from this
Act shall be available to acquire by purchase, condemnation, or
otherwise the leasehold rights of the existing lease with private
parties at the Old Post Office prior to the approval of the
comprehensive plan by the Senate Committee on Appropriations, the House
Committee on Transportation and Infrastructure, and the Senate Committee
on Environment and Public Works: Provided further, That $100,000 is
provided to the property disposal activity for the Racine, Wisconsin,
property transfer identified in General Services Administration General
Provision section 409.
For necessary expenses of the Office of Inspector General and
services authorized by 5 U.S.C. 3109, $32,000,000: Provided, That not to
exceed $10,000 shall be available for payment for information and
detection of fraud against the Government, including payment for
recovery of stolen Government property: Provided further, That not to
exceed $2,500 shall be available for awards to employees of other
Federal agencies and private citizens in recognition of efforts and
initiatives resulting in enhanced Office of Inspector General
effectiveness.
[[Page 112 STAT. 2681-504]]
For carrying out the provisions of the Act of August 25, 1958, as
amended (3 U.S.C. 102 note), and Public Law 95-138, $2,241,000:
Provided, That the Administrator of General Services shall transfer to
the Secretary of the Treasury such sums as may be necessary to carry out
the provisions of such Acts.
Sec. 401. The appropriate appropriation or fund available to the
General Services Administration shall be credited with the cost of
operation, protection, maintenance, upkeep, repair, and improvement,
included as part of rentals received from Government corporations
pursuant to law (40 U.S.C. 129).
Sec. 402. Funds available to the General Services Administration
shall be available for the hire of passenger motor vehicles.
Sec. 403. Funds in the Federal Buildings Fund made available for
fiscal year 1999 for Federal Buildings Fund activities may be
transferred between such activities only to the extent necessary to meet
program requirements: Provided, That any proposed transfers shall be
approved in advance by the Committees on Appropriations.
Sec. 404. No funds made available by this Act shall be used to
transmit a fiscal year 2000 request for United States Courthouse
construction that: (1) does not meet the design guide standards for
construction as established and approved by the General Services
Administration, the
Judicial Conference of the United States, and the Office of Management
and Budget; and (2) does not reflect the priorities of the Judicial
Conference of the United States as set out in its approved 5-year
construction plan: Provided, That the fiscal year 2000 request must be
accompanied by a standardized courtroom utilization study of each
facility to be constructed, replaced, or expanded.
Sec. 405. None of the funds provided in this Act may be used to
increase the amount of occupiable square feet, provide cleaning
services, security enhancements, or any other service usually provided
through the Federal Buildings Fund, to any agency which does not pay the
rate per square foot assessment for space and services as determined by
the General Services Administration in compliance with the Public
Buildings Amendments Act of 1972 (Public Law 92-313).
Sec. 406. Funds provided to other Government agencies by the
Information Technology Fund, General Services Administration, under 40
U.S.C. 757 and sections 5124(b) and 5128 of Public Law 104-106,
Information Technology Management Reform Act of 1996, for performance of
pilot information technology projects which have potential for
Government-wide benefits and savings, may be repaid to this Fund from
any savings actually incurred by these projects or other funding, to the
extent feasible.
Sec. 407. From funds made available under the heading ``Federal
Buildings Fund Limitations on Revenue'', claims against the Government
of less than $250,000 arising from direct construction projects and
acquisition of buildings may be liquidated from savings effected in
other construction projects with prior notification to the Committees on
Appropriations.
[[Page 112 STAT. 2681-505]]
Sec. 408. From the funds made available under the heading ``Federal
Buildings Fund Limitations on Revenue'', in addition to amounts provided
in budget activities above, up to $5,000,000 shall be available for the
demolition, cleanup and conveyance of the property at block 35 and lot 2
of block 36 in Anchorage, Alaska: Provided, That notwithstanding any
other provision of law, the Administrator of General Services shall, not
later than 18 months after the date of enactment of this Act, demolish
and remove all buildings, structures and other fixtures on the property
at block 35 and lot 2 of block 36, Anchorage Original Townsite East
Addition, Anchorage, Alaska, excluding any portion dedicated for use by
the Centers for Disease Control and Prevention: Provided further, That
the remediation of said parcel shall include the removal of all
asbestos, lead and any other contamination, and restoration of the
property, to the extent practicable, to an undeveloped condition:
Provided further, That upon completion of the activities required for
the demolition and removal of buildings, and notwithstanding any other
provision of law, the Administrator of General Services shall convey to
the municipality of Anchorage, without reimbursement, all right, title,
and interest of the United States to the property.
Sec. 409. The Administrator of General Services may convey to the
City of Racine, Wisconsin, all right, title, and interest of the United
States in and to a parcel of excess real property, including
improvements thereon, that is located on 2310 Center Street, commencing
at the intersection of the North line of 24th Street and the center line
of Center Street, being the point of the beginning; thence Northerly
along the center line of Center Street, 426 feet to the South line of
23rd Street extended East; thence Westerly along the South line of 23rd
Street extended East; 325 feet to the West line of Franklin Street
extended South; thence southerly along the West line of Franklin Street
extended South to a point on the North line of 24th Street; thence
Easterly along the North line of 24th Street to the point of beginning
located in Racine, Wisconsin, and which contains the U.S. Army Reserve
Center.
Sec. 410. Department of Transportation Headquarters. (a) In
General.--The Administrator of General Services shall--
(1) enter into an operating lease to acquire space for the
Department of Transportation headquarters; and
(2) commence procurement of the lease not later than
November 1, 1998:
Provided, That the annual rent payment does not exceed $55,000,000.
(b) Terms.--The authority granted in subsection (a) is effective
only to the extent that the lease acquisition meets the guidelines for
operating leases set forth in the joint statement of the managers for
the conference report to the Balanced Budget Agreement of 1997, as
determined by the Director of the Office of Management and Budget.
Sec. 411. Notwithstanding any other provision of law, the
requirement under section 407 of Public Law 104-208 (110 Stat. 3009-337-
38), that the Administrator of General Services charge user fees for
flexiplace telecommuting centers that approximate commercial charges for
comparable space and services but in no instance less than the amount
necessary to pay the cost of establishing and operating such centers,
shall not apply to the user fees charged for the period beginning
October 1, 1996, and ending
[[Page 112 STAT. 2681-506]]
September 30, 1998, for the telecommuting centers established as part of
a pilot telecommuting demonstration program in the Washington, D.C.
metropolitan area by Public Laws 102-393, 103-123, 103-329, 104-52, and
104-208: Provided, That for these centers in the pilot demonstration
program for the period beginning October 1, 1998, and ending September
30, 2000, the Administrator shall charge fees for Federal agency use of
a telecenter based on 50 percent of the Administrator's annual costs of
operating the center, including the reasonable cost of replacement for
furniture, fixtures, and equipment: Provided further, That effective
October 1, 2000, the Administrator shall charge fees for Federal agency
use of the demonstration telecommuting centers based on 100 percent of
the annual operating costs, including the reasonable cost of replacement
for furniture, fixtures, and equipment: Provided further, That, to the
extent such user charges do not cover the Administrator's costs in
operating these centers, appropriations to the General Services
Administration are authorized to reimburse the Federal Buildings Fund
for any loss of revenue.
Sec. 412. (a) Authority To Convey.--
(1) In general.--Notwithstanding any other provision of law,
the Administrator of General Services shall convey to the
University of Miami, by negotiated sale or by negotiated land
exchange and by not later than September 30, 1999, all right,
title, and interest of the United States in and to the property
described in paragraph (2).
(2) Property described.--The property referred to in
paragraph (1) is real property in Miami-Dade County, Florida,
including improvements thereon, comprising the Federal facility
known as the United States Naval Observatory/Alternate Time
Service Laboratory, consisting of approximately 76 acres. The
exact acreage and legal description of the property shall be
determined by a survey that is satisfactory to the
Administrator.
(b) Condition Regarding Use.--Any conveyance under subsection (a)
shall be subject to the condition that during the 10-year period
beginning on the date of the conveyance, the University shall use the
property, or provide for use of the property, only for--
(1) a research, education, and training facility
complementary to longstanding national research missions,
subject to such incidental exceptions as may be approved by the
Administrator;
(2) research-related purposes other than the use specified
in paragraph (1), under an agreement entered into by the
Administrator and the University; or
(3) a combination of uses described in paragraph (1) and
paragraph (2), respectively.
(c) Additional Terms and Conditions.--The Administrator may require
such additional terms and conditions with respect to the conveyance
under subsection (a) as the Administrator considers appropriate to
protect the interests of the United States.
(d) Reversion.--If the Administrator determines at any time that the
property conveyed under subsection (a) is not being used in accordance
with this section, all right, title, and interest in and to the
property, including any improvements thereon, shall revert to the United
States, and the United States shall have the right of immediate entry
thereon.
[[Page 112 STAT. 2681-507]]
Sec. 413. The Administrator of General Services is directed to
reincorporate the elements of the original proposed design for the
facade of the United States Courthouse, London, Kentucky, project into
the revised design of the building in order to ensure compatibility of
this new facility with the historic U.S. Courthouse in London, Kentucky,
to maintain the stateliness of the building. Construction or design of
the London, Kentucky, project should not be diminished in any way to
achieve this goal.
Environmental Dispute Resolution Fund
For payment to the Environmental Dispute Resolution Fund to carry
out activities authorized in the Environmental Policy and Conflict
Resolution Act of 1997, $4,250,000, to remain available until expended,
of which $3,000,000 will be for capitalization of the Fund, and
$1,250,000 will be for annual operating expenses.
Merit Systems Protection Board
For necessary expenses to carry out functions of the Merit Systems
Protection Board pursuant to Reorganization Plan Numbered 2 of 1978 and
the Civil Service Reform Act of 1978, including services as authorized
by 5 U.S.C. 3109, rental of conference rooms in the District of Columbia
and elsewhere, hire of passenger motor vehicles, and direct procurement
of survey printing, $25,805,000, together with not to exceed $2,430,000
for administrative expenses to adjudicate retirement appeals to be
transferred from the Civil Service Retirement and Disability Fund in
amounts determined by the Merit Systems Protection Board.
National Archives and Records Administration
For necessary expenses in connection with the administration of the
National Archives (including the Information Security Oversight Office)
and records and related activities, as provided by law, and for expenses
necessary for the review and declassification of documents, and for the
hire of passenger motor vehicles, $224,614,000: Provided, That of the
amount provided, $7,861,000 shall not be available for obligation until
September 30, 1999: Provided further, That the Archivist of the United
States is authorized to use any excess funds available from the amount
borrowed for construction of the National Archives facility, for
expenses necessary to provide adequate storage for holdings.
For the repair, alteration, and improvement of archives facilities,
and to provide adequate storage for holdings, $11,325,000, to remain
available until expended, of which $2,000,000 is for an architectural
and engineering study for the renovation of the Archives I facility, of
which $4,000,000 is for encasement of the Charters of Freedom, and of
which $875,000 is for a requirements
[[Page 112 STAT. 2681-508]]
study and design of the National Archives Anchorage, Alaska, facility.
National Historical Publications and Records Commission
For necessary expenses for allocations and grants for historical
publications and records as authorized by 44 U.S.C. 2504, as amended,
$10,000,000, to remain available until expended: Provided, That of the
amount provided, $4,000,000 shall not be available for obligation until
September 30, 1999.
Office of Government Ethics
For necessary expenses to carry out functions of the Office of
Government Ethics pursuant to the Ethics in Government Act of 1978, as
amended and the Ethics Reform Act of 1989, including services as
authorized by 5 U.S.C. 3109, rental of conference rooms in the District
of Columbia and elsewhere, hire of passenger motor vehicles, and not to
exceed $1,500 for official reception and representation expenses,
$8,492,000.
Office of Personnel Management
For necessary expenses to carry out functions of the Office of
Personnel Management pursuant to Reorganization Plan Numbered 2 of 1978
and the Civil Service Reform Act of 1978, including services as
authorized by 5 U.S.C. 3109; medical examinations performed for veterans
by private physicians on a fee basis; rental of conference rooms in the
District of Columbia and elsewhere; hire of passenger motor vehicles;
not to exceed $2,500 for official reception and representation expenses;
advances for reimbursements to applicable funds of the Office of
Personnel Management and the Federal Bureau of Investigation for
expenses incurred under Executive Order No. 10422 of January 9, 1953, as
amended; and payment of per diem and/or subsistence allowances to
employees where Voting Rights Act activities require an employee to
remain overnight at his or her post of duty, $85,350,000; and in
addition $91,236,000 for administrative expenses, to be transferred from
the appropriate trust funds of the Office of Personnel Management
without regard to other statutes, including direct procurement of
printed materials, for the retirement and insurance programs: Provided,
That the provisions of this appropriation shall not affect the authority
to use applicable trust funds as provided by section 8348(a)(1)(B) of
title 5, United States Code: Provided further, That, except as may be
consistent with 5 U.S.C. 8902a(f)(1) and (i), no payment may be made
from the Employees Health Benefits Fund to any physician, hospital, or
other provider of health care services or supplies who is, at the time
such services or supplies are provided to an individual covered under
chapter 89 of title 5, United States Code, excluded, pursuant to section
1128 or 1128A of the Social Security Act (42 U.S.C. 1320a-7 through
[[Page 112 STAT. 2681-509]]
1320a-7a), from participation in any program under title XVIII of the
Social Security Act (42 U.S.C.
1395 et seq.): Provided further, That no part of this appropriation
shall be available for salaries and expenses of the Legal Examining Unit
of the Office of Personnel Management established pursuant to Executive
Order No. 9358 of July 1, 1943, or any successor unit of like purpose:
Provided further, That the President's Commission on White House
Fellows, established by Executive Order No. 11183 of October 3, 1964,
may, during fiscal year 1999, accept donations of money, property, and
personal services in connection with the development of a publicity
brochure to provide information about the White House Fellows, except
that no such donations shall be accepted for travel or reimbursement of
travel expenses, or for the salaries of employees of such Commission.
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act, as amended,
including services as authorized by 5 U.S.C. 3109, hire of passenger
motor vehicles, $960,000; and in addition, not to exceed $9,145,000 for
administrative expenses to audit the Office of Personnel Management's
retirement and insurance programs, to be transferred from the
appropriate trust funds of the Office of Personnel Management, as
determined by the Inspector General: Provided, That the Inspector
General is authorized to rent conference rooms in the District of
Columbia and elsewhere.
For payment of Government contributions with respect to retired
employees, as authorized by chapter 89 of title 5, United States Code,
and the Retired Federal Employees Health Benefits Act (74 Stat. 849), as
amended, such sums as may be necessary.
For payment of Government contributions with respect to employees
retiring after December 31, 1989, as required by chapter 87 of title 5,
United States Code, such sums as may be necessary.
For financing the unfunded liability of new and increased annuity
benefits becoming effective on or after October 20, 1969, as authorized
by 5 U.S.C. 8348, and annuities under special Acts to be credited to the
Civil Service Retirement and Disability Fund, such sums as may be
necessary: Provided, <<NOTE: 33 USC 776.>> That annuities authorized by
the Act of May 29, 1944, as amended, and the Act of August 19, 1950, as
amended (33 U.S.C. 771-775), may hereafter be paid out of the Civil
Service Retirement and Disability Fund.
[[Page 112 STAT. 2681-510]]
Office of Special Counsel
For necessary expenses to carry out functions of the Office of
Special Counsel pursuant to Reorganization Plan Numbered 2 of 1978, the
Civil Service Reform Act of 1978 (Public Law 95-454), the Whistleblower
Protection Act of 1989 (Public Law 101-12), Public Law 103-424, and the
Uniformed Services Employment and Reemployment Act of 1994 (Public Law
103-353), including services as authorized by 5 U.S.C. 3109, payment of
fees and expenses for witnesses, rental of conference rooms in the
District of Columbia and elsewhere, and hire of passenger motor
vehicles, $8,720,000.
United States Tax Court
For necessary expenses, including contract reporting and other
services as authorized by 5 U.S.C. 3109, $32,765,000: <<NOTE: 26 USC
7443 note.>> Provided, That travel expenses of the judges shall be paid
upon the written certificate of the judge.
This title may be cited as the ``Independent Agencies Appropriations
Act, 1999''.
TITLE V--GENERAL PROVISIONS
This Act
Sec. 501. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 502. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to 5
U.S.C. 3109, shall be limited to those contracts where such expenditures
are a matter of public record and available for public inspection,
except where otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.
Sec. 503. None of the funds made available by this Act shall be
available for any activity or for paying the salary of any Government
employee where funding an activity or paying a salary to a Government
employee would result in a decision, determination, rule, regulation, or
policy that would prohibit the enforcement of section 307 of the Tariff
Act of 1930.
Sec. 504. None of the funds made available by this Act shall be
available in fiscal year 1999 for the purpose of transferring control
over the Federal Law Enforcement Training Center located at Glynco,
Georgia, and Artesia, New Mexico, out of the Department of the Treasury.
Sec. 505. No part of any appropriation contained in this Act shall
be available to pay the salary for any person filling a position, other
than a temporary position, formerly held by an employee who has left to
enter the Armed Forces of the United States and has satisfactorily
completed his period of active military or naval service, and has within
90 days after his release from such service or from hospitalization
continuing after discharge for a period of
[[Page 112 STAT. 2681-511]]
not more than 1 year, made application for restoration to his former
position and has been certified by the Office of Personnel Management as
still qualified to perform the duties of his former position and has not
been restored thereto.
Sec. 506. No funds appropriated pursuant to this Act may be expended
by an entity unless the entity agrees that in expending the assistance
the entity will comply with sections 2 through 4 of the Act of March 3,
1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy American Act'').
Sec. 507. (a) Purchase of American-Made Equipment and Products.--In
the case of any equipment or products that may be authorized to be
purchased with financial assistance provided under this Act, it is the
sense of the Congress that entities receiving such assistance should, in
expending the assistance, purchase only American-made equipment and
products.
(b) Notice to Recipients of Assistance.--In providing financial
assistance under this Act, the Secretary of the Treasury shall provide
to each recipient of the assistance a notice describing the statement
made in subsection (a) by the Congress.
Sec. 508. If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bearing a ``Made in
America'' inscription, or any inscription with the same meaning, to any
product sold in or shipped to the United States that is not made in the
United States, such person shall be ineligible to receive any contract
or subcontract made with funds provided pursuant to this Act, pursuant
to the debarment, suspension, and ineligibility procedures described in
sections 9.400 through 9.409 of title 48, Code of Federal Regulations.
Sec. 509. No funds appropriated by this Act shall be available to
pay for an abortion, or the administrative expenses in connection with
any health plan under the Federal employees health benefit program which
provides any benefits or coverage for abortions.
Sec. 510. The provision of section 509 shall not apply where the
life of the mother would be endangered if the fetus were carried to
term, or the pregnancy is the result of an act of rape or incest.
Sec. 511. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the end
of fiscal year 1999 from appropriations made available for salaries and
expenses for fiscal year 1999 in this Act, shall remain available
through September 30, 2000, for each such account for the purposes
authorized: Provided, That a request shall be submitted to the
Committees on Appropriations for approval prior to the expenditure of
such funds: Provided further, That these requests shall be made in
compliance with reprogramming guidelines.
Sec. 512. None of the funds made available in this Act may be used
by the Executive Office of the President to request from the Federal
Bureau of Investigation any official background investigation report on
any individual, except when it is made known to the Federal official
having authority to obligate or expend such funds that--
(1) such individual has given his or her express written
consent for such request not more than 6 months prior to the
date of such request and during the same presidential
administration; or
(2) such request is required due to extraordinary
circumstances involving national security.
[[Page 112 STAT. 2681-512]]
Sec. 513. Funds provided in this Act may be used to initiate or
continue projects or activities to the extent necessary, consistent with
existing agency plans, to achieve Year 2000 (Y2K) computer conversion
until such time as supplemental appropriations are made available for
that purpose: Provided, That the program, project, or activity from
which funds are obligated for Y2K conversion activities shall be
reimbursed when such supplemental appropriations are made available.
Sec. 515. Hereafter, any payment of attorneys fees, costs, and
sanctions required to be made by the Federal Government pursuant to the
order of the district court in the case Association of American
Physicians and Surgeons, Inc. v. Clinton, 989 F. Supp. 8 (1997), or any
appeal of such case, shall be derived by transfer from amounts made
available in this or any other Act for any fiscal year for
``Compensation of the President and the White House Office--Salaries and
Expenses''.
Sec. 516. Notwithstanding Section 515 of Public Law 104-208, fifty
percent of the unobligated balances available to the White House Office,
Salaries and Expenses appropriations in fiscal year 1997, shall remain
available through September 30, 1999, for the purposes of satisfying the
conditions of Section 515 of this Act.
Sec. 517. The Morris K. Udall Scholarship and Excellence in National
Environmental and Native American Public Policy Act of 1992, as amended
(20 U.S.C. 5601 et seq.), is amended as follows:
<<NOTE: 20 USC 5607b.>> (a) in section 11, by--
(1) deleting the heading and inserting ``Use of the
Institute by a Federal Agency or Other Entity.''; and
(2) adding the following new subsection at the end:
``(e) Non-Federal Entities.--
``(1) Non-Federal entities, including state and local
governments, Native American tribal governments, nongovernmental
organizations and persons, as defined in 1 U.S.C. 1, may use the
Foundation and the Institute to provide assessment, mediation,
or other related services in connection with a dispute or
conflict involving the Federal government related to the
environment, public lands, or natural resources.
``(2) Payment into the environmental dispute resolution
fund.--Entities utilizing services pursuant to this subsection
shall reimburse the Institute for the costs of services
provided. Such amounts shall be deposited into the Environmental
Dispute Resolution Fund established under section 10.''; and
<<NOTE: 20 USC 5608.>> (b) in section 12, by:
(1) deleting ``In General--'' and inserting ``(a) In
General--''; and
(2) adding the following new subsection:
``(b) The Institute.--The authorities set forth above shall, with
the exception of paragraph (4), apply to the Institute established
pursuant to section 10.''; and
(c) in section <<NOTE: 20 USC 5607a.>> 10(b), by adding
before the period as follows: ``, including not to exceed $1,000
annually for official reception and representation expenses''.
Sec. 518. The cost accounting standards promulgated under section 26
of the Office of Federal Procurement Policy Act (Public Law 93-400; 41
U.S.C. 422) shall not apply with respect to a contract under the Federal
Employees Health Benefits Program established under chapter 89 of title
5, United States Code.
[[Page 112 STAT. 2681-513]]
TITLE VI--GENERAL PROVISIONS
Departments, Agencies, and Corporations
Sec. 601. Funds appropriated in this or any other Act may be used to
pay travel to the United States for the immediate family of employees
serving abroad in cases of death or life threatening illness of said
employee.
Sec. 602. No department, agency, or instrumentality of the United
States receiving appropriated funds under this or any other Act for
fiscal year 1999 shall obligate or expend any such funds, unless such
department, agency, or instrumentality has in place, and will continue
to administer in good faith, a written policy designed to ensure that
all of its workplaces are free from the illegal use, possession, or
distribution of controlled substances (as defined in the Controlled
Substances Act) by the officers and employees of such department,
agency, or instrumentality.
Sec. 603. Notwithstanding <<NOTE: 40 USC 490b note.>> 31 U.S.C.
1345, any agency, department, or instrumentality of the United States
which provides or proposes to provide child care services for Federal
employees may, in fiscal year 1999 and thereafter, reimburse any Federal
employee or any person employed to provide such services for travel,
transportation, and subsistence expenses incurred for training classes,
conferences, or other meetings in connection with the provision of such
services: Provided, That any per diem allowance made pursuant to this
section shall not exceed the rate specified in regulations prescribed
pursuant to section 5707 of title 5, United States Code.
Sec. 604. <<NOTE: 31 USC 1343 note.>> Unless otherwise specifically
provided, the maximum amount allowable during the current fiscal year in
accordance with section 16 of the Act of August 2, 1946 (60 Stat. 810),
for the purchase of any passenger motor vehicle (exclusive of buses,
ambulances, law enforcement, and undercover surveillance vehicles), is
hereby fixed at $8,100 except station wagons for which the maximum shall
be $9,100: Provided, That these limits may be exceeded by not to exceed
$3,700 for police-type vehicles, and by not to exceed $4,000 for special
heavy-duty vehicles: Provided further, That the limits set forth in this
section may not be exceeded by more than 5 percent for electric or
hybrid vehicles purchased for demonstration under the provisions of the
Electric and Hybrid Vehicle Research, Development, and Demonstration Act
of 1976: Provided further, That the limits set forth in this section may
be exceeded by the incremental cost of clean alternative fuels vehicles
acquired pursuant to Public Law 101-549 over the cost of comparable
conventionally fueled vehicles.
Sec. 605. Appropriations of the executive departments and
independent establishments for the current fiscal year available for
expenses of travel, or for the expenses of the activity concerned, are
hereby made available for quarters allowances and cost-of-living
allowances, in accordance with 5 U.S.C. 5922-5924.
Sec. 606. <<NOTE: 5 USC 3101 note.>> Unless otherwise specified
during the current fiscal year, no part of any appropriation contained
in this or any other Act shall be used to pay the compensation of any
officer or employee of the Government of the United States (including
any agency the majority of the stock of which is owned by the Government
of the United States) whose post of duty is in the continental United
States unless such person: (1) is a citizen of the United States; (2) is
a person in the service of the United States on
[[Page 112 STAT. 2681-514]]
the date of enactment of this Act who, being eligible for citizenship,
has filed a declaration of intention to become a citizen of the United
States prior to such date and is actually residing in the United States;
(3) is a person who owes allegiance to the United States; (4) is an
alien from Cuba, Poland, South Vietnam, the countries of the former
Soviet Union, or the Baltic countries lawfully admitted to the United
States for permanent residence; (5) is a South Vietnamese, Cambodian, or
Laotian refugee paroled in the United States after January 1, 1975; or
(6) is a national of the People's Republic of China who qualifies for
adjustment of status pursuant to the Chinese Student Protection Act of
1992: Provided, That for the purpose of this section, an affidavit
signed by any such person shall be considered prima facie evidence that
the requirements of this section with respect to his or her status have
been complied with: Provided further, That any person making a false
affidavit shall be guilty of a felony, and, upon conviction, shall be
fined no more than $4,000 or imprisoned for not more than 1 year, or
both: Provided further, That the above penal clause shall be in addition
to, and not in substitution for, any other provisions of existing law:
Provided further, That any payment made to any officer or employee
contrary to the provisions of this section shall be recoverable in
action by the Federal Government. This section shall not apply to
citizens of Ireland, Israel, or the Republic of the Philippines, or to
nationals of those countries allied with the United States in a current
defense effort, or to international broadcasters employed by the United
States Information Agency, or to temporary employment of translators, or
to temporary employment in the field service (not to exceed 60 days) as
a result of emergencies.
Sec. 607. Appropriations available to any department or agency
during the current fiscal year for necessary expenses, including
maintenance or operating expenses, shall also be available for payment
to the General Services Administration for charges for space and
services and those expenses of renovation and alteration of buildings
and facilities which constitute public improvements performed in
accordance with the Public Buildings Act of 1959 (73 Stat. 749), the
Public Buildings Amendments of 1972 (87 Stat. 216), or other applicable
law.
Sec. 608. In addition to funds provided in this or any other Act,
all Federal agencies are authorized to receive and use funds resulting
from the sale of materials, including Federal records disposed of
pursuant to a records schedule recovered through recycling or waste
prevention programs. Such funds shall be available until expended for
the following purposes:
(1) Acquisition, waste reduction and prevention, and
recycling programs as described in Executive Order No. 12873
(October 20, 1993), including any such programs adopted prior to
the effective date of the Executive order.
(2) Other Federal agency environmental management programs,
including, but not limited to, the development and
implementation of hazardous waste management and pollution
prevention programs.
(3) Other employee programs as authorized by law or as
deemed appropriate by the head of the Federal agency.
Sec. 609. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the corporations
and agencies subject to chapter 91 of title 31, United States
[[Page 112 STAT. 2681-515]]
Code, shall be available, in addition to objects for which such funds
are otherwise available, for rent in the District of Columbia; services
in accordance with 5 U.S.C. 3109; and the objects specified under this
head, all the provisions of which shall be applicable to the expenditure
of such funds unless otherwise specified in the Act by which they are
made available: Provided, That in the event any functions budgeted as
administrative expenses are subsequently transferred to or paid from
other funds, the limitations on administrative expenses shall be
correspondingly reduced.
Sec. 610. No part of any appropriation for the current fiscal year
contained in this or any other Act shall be paid to any person for the
filling of any position for
which he or she has been nominated after the Senate has voted not to
approve the nomination of said person.
Sec. 611. No part of any appropriation contained in this or any
other Act shall be available for interagency financing of boards (except
Federal Executive Boards), commissions, councils, committees, or similar
groups (whether or not they are interagency entities) which do not have
a prior and specific statutory approval to receive financial support
from more than one agency or instrumentality.
Sec. 612. Funds made available by this or any other Act to the
Postal Service Fund (39 U.S.C. 2003) shall be available for employment
of guards for all buildings and areas owned or occupied by the Postal
Service and under the charge and control of the Postal Service, and such
guards shall have, with respect to such property, the powers of special
policemen provided by the first section of the Act of June 1, 1948, as
amended (62 Stat. 281; 40 U.S.C. 318), and, as to property owned or
occupied by the Postal Service, the Postmaster General may take the same
actions as the Administrator of General Services may take under the
provisions of sections 2 and 3 of the Act of June 1, 1948, as amended
(62 Stat. 281; 40 U.S.C. 318a and 318b), attaching thereto penal
consequences under the authority and within the limits provided in
section 4 of the Act of June 1, 1948, as amended (62 Stat. 281; 40
U.S.C. 318c).
Sec. 613. None of the funds made available pursuant to the
provisions of this Act shall be used to implement, administer, or
enforce any regulation which has been disapproved pursuant to a
resolution of disapproval duly adopted in accordance with the applicable
law of the United States.
Sec. 614. <<NOTE: 5 USC 5343 note.>> (a) Notwithstanding any other
provision of law, and except as otherwise provided in this section, no
part of any of the funds appropriated for fiscal year 1999, by this or
any other Act, may be used to pay any prevailing rate employee described
in section 5342(a)(2)(A) of title 5, United States Code--
(1) during the period from the date of expiration of the
limitation imposed by section 614 of the Treasury and General
Government Appropriations Act, 1998, until the normal effective
date of the applicable wage survey adjustment that is to take
effect in fiscal year 1999, in an amount that exceeds the rate
payable for the applicable grade and step of the applicable wage
schedule in accordance with such section 614; and
(2) during the period consisting of the remainder of fiscal
year 1999, in an amount that exceeds, as a result of a wage
survey adjustment, the rate payable under paragraph (1) by more
than the sum of--
[[Page 112 STAT. 2681-516]]
(A) the percentage adjustment taking effect in
fiscal year 1999 under section 5303 of title 5, United
States Code, in the rates of pay under the General
Schedule; and
(B) the difference between the overall average
percentage of the locality-based comparability payments
taking effect in fiscal year 1999 under section 5304 of
such title (whether by adjustment or otherwise), and the
overall average percentage of such payments which was
effective in fiscal year 1998 under such section.
(b) Notwithstanding any other provision of law, no prevailing rate
employee described in subparagraph (B) or (C) of section 5342(a)(2) of
title 5, United States Code, and no employee covered by section 5348 of
such title, may be paid during the periods for which subsection (a) is
in effect at a rate that exceeds the rates that would be payable under
subsection (a) were subsection (a) applicable to such employee.
(c) For the purposes of this section, the rates payable to an
employee who is covered by this section and who is paid from a schedule
not in existence on September 30, 1998,
shall be determined under regulations prescribed by the Office of
Personnel Management.
(d) Notwithstanding any other provision of law, rates of premium pay
for employees subject to this section may not be changed from the rates
in effect on September 30, 1998, except to the extent determined by the
Office of Personnel Management to be consistent with the purpose of this
section.
(e) This section shall apply with respect to pay for service
performed after September 30, 1998.
(f) For the purpose of administering any provision of law (including
any rule or regulation that provides premium pay, retirement, life
insurance, or any other employee benefit) that requires any deduction or
contribution, or that imposes any requirement or limitation on the basis
of a rate of salary or basic pay, the rate of salary or basic pay
payable after the application of this section shall be treated as the
rate of salary or basic pay.
(g) Nothing in this section shall be considered to permit or require
the payment to any employee covered by this section at a rate in excess
of the rate that would be payable were this section not in effect.
(h) The Office of Personnel Management may provide for exceptions to
the limitations imposed by this section if the Office determines that
such exceptions are necessary to ensure the recruitment or retention of
qualified employees.
Sec. 615. During the period in which the head of any department or
agency, or any other officer or civilian employee of the Government
appointed by the President of the United States, holds office, no funds
may be obligated or expended in excess of $5,000 to furnish or
redecorate the office of such department head, agency head, officer, or
employee, or to purchase furniture or make improvements for any such
office, unless advance notice of such furnishing or redecoration is
expressly approved by the Committees on Appropriations. For the purposes
of this section, the word ``office'' shall include the entire suite of
offices assigned to the individual, as well as any other space used
primarily by the individual or the use of which is directly controlled
by the individual.
[[Page 112 STAT. 2681-517]]
Sec. 616. Notwithstanding any other provision of law, no executive
branch agency shall purchase, construct, and/or lease any additional
facilities, except within or contiguous to existing locations, to be
used for the purpose of conducting Federal law enforcement training
without the advance approval of the Committees on Appropriations, except
that the Federal Law Enforcement Training Center is authorized to obtain
the temporary use of additional facilities by lease, contract, or other
agreement for training which cannot be accommodated in existing Center
facilities.
Sec. 617. Notwithstanding section 1346 of title 31, United States
Code, or section 611 of this Act, funds made available for fiscal year
1999 by this or any other Act shall be available for the interagency
funding of national security and emergency preparedness
telecommunications initiatives which benefit multiple Federal
departments, agencies, or entities, as provided by Executive Order No.
12472 (April 3, 1984).
Sec. 618. (a) None of the funds appropriated by this or any other
Act may be obligated or expended by any Federal department, agency, or
other instrumentality for the salaries or expenses of any employee
appointed to a position of a confidential or policy-determining
character excepted from the competitive service pursuant to section 3302
of title 5, United States Code, without a certification to the Office of
Personnel Management from the head of the Federal department, agency, or
other instrumentality employing the Schedule C appointee that the
Schedule C position was not created solely or primarily in order to
detail the employee to the White House.
(b) The provisions of this section shall not apply to Federal
employees or members of the armed services detailed to or from--
(1) the Central Intelligence Agency;
(2) the National Security Agency;
(3) the Defense Intelligence Agency;
(4) the offices within the Department of Defense for the
collection of specialized national foreign intelligence through
reconnaissance programs;
(5) the Bureau of Intelligence and Research of the
Department of State;
(6) any agency, office, or unit of the Army, Navy, Air
Force, and Marine Corps, the Federal Bureau of Investigation and
the Drug Enforcement Administration of the Department of
Justice, the Department of Transportation, the Department of the
Treasury, and the Department of Energy performing intelligence
functions; and
(7) the Director of Central Intelligence.
Sec. 619. No department, agency, or instrumentality of the United
States receiving appropriated funds under this or any other Act for
fiscal year 1999 shall obligate or expend any such funds, unless such
department, agency, or instrumentality has in place, and will continue
to administer in good faith, a written policy designed to ensure that
all of its workplaces are free from discrimination and sexual harassment
and that all of its workplaces are not in violation of title VII of the
Civil Rights Act of 1964, as amended, the Age Discrimination in
Employment Act of 1967, and the Rehabilitation Act of 1973.
Sec. 620. No part of any appropriation contained in this Act may be
used to pay for the expenses of travel of employees, including employees
of the Executive Office of the President, not directly
[[Page 112 STAT. 2681-518]]
responsible for the discharge of official governmental tasks and duties:
Provided, That this restriction shall not apply to the family of the
President, Members of Congress or their spouses, Heads of State of a
foreign country or their designees, persons providing assistance to the
President for official purposes, or other individuals so designated by
the President.
Sec. 621. <<NOTE: 5 USC 5303 note.>> For purposes of each provision
of law amended by section 704(a)(2) of the Ethics Reform Act of 1989 (5
U.S.C. 5318 note), no adjustment under section 5303 of title 5, United
States Code, shall be considered to have taken effect in fiscal year
1999 in the rates of basic pay for the statutory pay systems.
Sec. 622. None of the funds appropriated in this or any other Act
shall be used to acquire information technologies which do not comply
with part 39.106 (Year 2000 compliance) of the Federal Acquisition
Regulation, unless an agency's Chief Information Officer determines that
noncompliance with part 39.106 is necessary to the function and
operation of the requesting agency or the acquisition is required by a
signed contract with the agency in effect before the date of enactment
of this Act. Any waiver granted by the Chief Information Officer shall
be reported to the Office of Management and Budget, and copies shall be
provided to Congress.
Sec. 623. None of the funds made available in this Act for the
United States Customs Service may be used to allow the importation into
the United States of any good, ware, article, or merchandise mined,
produced, or manufactured by forced or indentured child labor, as
determined pursuant to section 307 of the Tariff Act of 1930 (19 U.S.C.
1307).
Sec. 624. <<NOTE: 5 USC 5546 note.>> Notwithstanding any other
provision of law, no part of any funds provided by this Act or any other
Act beginning in fiscal year 1999 and thereafter shall be available for
paying Sunday premium pay to any employee unless such employee actually
performed work during the time corresponding to such premium pay.
Sec. 625. No part of any appropriation contained in this or any
other Act shall be available for the payment of the salary of any
officer or employee of the Federal Government, who--
(1) prohibits or prevents, or attempts or threatens to
prohibit or prevent, any other officer or employee of the
Federal Government from having any direct oral or written
communication or contact with any Member, committee, or
subcommittee of the Congress in connection with any matter
pertaining to the employment of such other officer or employee
or pertaining to the department or agency of such other officer
or employee in any way, irrespective of whether such
communication or contact is at the initiative of such other
officer or employee or in response to the request or inquiry of
such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance of
efficiency rating, denies promotion to, relocates, reassigns,
transfers, disciplines, or discriminates in regard to any
employment right, entitlement, or benefit, or any term or
condition of employment of, any other officer or employee of the
Federal Government, or attempts or threatens to commit any of
the foregoing actions with respect to such other officer or
employee, by reason of any communication or contact of such
other officer
[[Page 112 STAT. 2681-519]]
or employee with any Member, committee, or subcommittee of the
Congress as described in paragraph (1).
Sec. 626. Section 626(b) of the Treasury, Postal Service, and
General Government Appropriations Act, 1997, as contained in section
101(f) of Public Law 104-208 (110 Stat. 3009-360), the Omnibus
Consolidated Appropriations Act, 1997, is amended to read as follows:
``(b) Until September 30, 1999, or until the end of the current FTS 2000
contracts, whichever is earlier, subsection (a) shall continue to apply
to the use of the funds appropriated by this or any other Act.''.
Sec. 627. (a) Definitions.--In this section--
(1) the term ``crime of violence'' has the meaning given
that term in section 16 of title 18, United States Code; and
(2) the term ``law enforcement officer'' means any employee
described in subparagraph (A), (B), or (C) of section 8401(17)
of title 5, United States Code; and any special agent in the
Diplomatic Security Service of the Department of State.
(b) Rule of Construction.--Notwithstanding any other provision of
law, for purposes of chapter 171 of title 28, United States Code, or any
other provision of law relating to tort liability, a law enforcement
officer shall be construed to be acting within the scope of his or her
office or employment, if the officer takes reasonable action, including
the use of force, to--
(1) protect an individual in the presence of the officer
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 the officer
reasonably believes to have committed in the presence of the
officer a crime of violence.
Sec. 628. Federal Firefighters Overtime Pay Reform Act of 1998. (a)
In General.--Subchapter V of chapter 55 of title 5, United States Code,
is amended--
(1) in section 5542 by adding at the end the following new
subsection:
``(f) In applying subsection (a) of this section with respect to a
firefighter who is subject to section 5545b--
``(1) such subsection shall be deemed to apply to hours of
work officially ordered or approved in excess of 106 hours in a
biweekly pay period, or, if the agency establishes a weekly
basis for overtime pay computation, in excess of 53 hours in an
administrative workweek; and
``(2) the overtime hourly rate of pay is an amount equal to
one and one-half times the hourly rate of basic pay under
section 5545b (b)(1)(A) or (c)(1)(B), as applicable, and such
overtime hourly rate of pay may not be less than such hourly
rate of basic pay in applying the limitation on the overtime
rate provided in paragraph (2) of such subsection (a).''; and
(2) by inserting after section 5545a the following new
section:
``Sec. 5545b. Pay for firefighters
``(a) This section applies to an employee whose position is
classified in the firefighter occupation in conformance with the GS-081
standard published by the Office of Personnel Management, and whose
normal work schedule, as in effect throughout the year,
[[Page 112 STAT. 2681-520]]
consists of regular tours of duty which average at least 106 hours per
biweekly pay period.
``(b)(1) If the regular tour of duty of a firefighter subject to
this section generally consists of 24-hour shifts, rather than a basic
40-hour workweek (as determined under regulations prescribed by the
Office of Personnel Management), section 5504(b) shall be applied as
follows in computing pay--
``(A) paragraph (1) of such section shall be deemed to
require that the annual rate be divided by 2756 to derive the
hourly rate; and
``(B) the computation of such firefighter's daily, weekly,
or biweekly rate shall be based on the hourly rate under
subparagraph (A);
``(2) For the purpose of sections 5595(c), 5941, 8331(3), and
8704(c), and for such other purposes as may be expressly provided for by
law or as the Office of Personnel Management may by regulation
prescribe, the basic pay of a firefighter subject to this subsection
shall include an amount equal to the firefighter's basic hourly rate (as
computed under paragraph (1)(A)) for all hours in such firefighter's
regular tour of duty (including overtime hours).
``(c)(1) If the regular tour of duty of a firefighter subject to
this section includes a basic 40-hour workweek (as determined under
regulations prescribed by the Office of Personnel Management), section
5504(b) shall be applied as follows in computing pay--
``(A) the provisions of such section shall apply to the
hours within the basic 40-hour workweek;
``(B) for hours outside the basic 40-hour workweek, such
section shall be deemed to require that the hourly rate be
derived by dividing the annual rate by 2756; and
``(C) the computation of such firefighter's daily, weekly,
or biweekly rate shall be based on subparagraphs (A) and (B), as
each applies to the hours involved.
``(2) For purposes of sections 5595(c), 5941, 8331(3), and 8704(c),
and for such other purposes as may be expressly provided for by law or
as the Office of Personnel Management may by regulation prescribe, the
basic pay of a firefighter subject to this subsection shall include--
``(A) an amount computed under paragraph (1)(A) for the
hours within the basic 40-hour workweek; and
``(B) an amount equal to the firefighter's basic hourly rate
(as computed under paragraph (1)(B)) for all hours outside the
basic 40-hour workweek that are within such firefighter's
regular tour of duty (including overtime hours).
``(d)(1) A firefighter who is subject to this section shall receive
overtime pay in accordance with section 5542, but shall not receive
premium pay provided by other provisions of this subchapter.
``(2) For the purpose of applying section 7(k) of the Fair Labor
Standards Act of 1938 to a firefighter who is subject to this section,
no violation referred to in such section 7(k) shall be deemed to have
occurred if the requirements of section 5542(a) are met, applying
section 5542(a) as provided in subsection (f) of that section: Provided,
That the overtime hourly rate of pay for such firefighter shall in all
cases be an amount equal to one and one-half times the firefighter's
hourly rate of basic pay under subsection (b)(1)(A) or (c)(1)(B) of this
section, as applicable.
[[Page 112 STAT. 2681-521]]
``(3) The Office of Personnel Management may prescribe regulations,
with respect to firefighters subject to this section, that would permit
an agency to reduce or eliminate the variation in the amount of
firefighters' biweekly pay caused by work scheduling cycles that result
in varying hours in the regular tours of duty from pay period to pay
period. Under such regulations, the pay that a firefighter would
otherwise receive for regular tours of duty over the work scheduling
cycle shall, to the extent practicable, remain unaffected.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 55 of title 5, United States Code, is amended by inserting after
the item relating to section 5545a the following:
``5545b. Pay for firefighters.''.
(c) Training.--Section 4109 of title 5, United States Code, is
amended by adding at the end the following new subsection:
``(d) Notwithstanding subsection (a)(1), a firefighter who is
subject to section 5545b of this title shall be paid
basic pay and overtime pay for the firefighter's regular tour of duty
while attending agency sanctioned training.''.
(d) Inclusion in Basic Pay for Federal Retirement.--Section 8331(3)
of title 5, United States Code, is amended--
(1) by striking ``and'' after subparagraph (D);
(2) by redesignating subparagraph (E) as subparagraph (G);
(3) by inserting the following:
``(E) with respect to a criminal investigator,
availability pay under section 5545a of this title;
``(F) pay as provided in section 5545b(b)(2) and
(c)(2); and ''; and
(4) by striking ``subparagraphs (B), (C), (D), and (E)'' and
inserting ``subparagraphs (B) through (G)''.
(e) <<NOTE: 5 USC 4109 note.>> Effective Date.--The amendments made
by this section shall take effect on the first day of the first
applicable pay period which begins on or after October 1, 1998.
<<NOTE: 5 USC 5545b note.>> (f) Regulations.--Under regulations
prescribed by the Office of Personnel Management, a firefighter subject
to section 5545b of title 5, United States Code, as added by this
section, whose regular tours of duty average 60 hours or less per
workweek and do not include a basic 40-hour workweek, shall, upon
implementation of this section, be granted an increase in basic pay
equal to 2 step-increases of the applicable General Schedule grade, and
such increase shall not be an equivalent increase in pay. If such
increase results in a change to a longer waiting period for the
firefighter's next step increase, the firefighter shall be credited with
an additional year of service for the purpose of such waiting period. If
such increase results in a rate of basic pay which is above the maximum
rate of the applicable grade, such resulting pay rate shall be treated
as a retained rate of basic pay in accordance with section 5363 of title
5, United States Code.
<<NOTE: 5 USC 5545b note.>> (g) No Reduction in Regular Pay.--Under
regulations prescribed by the Office of Personnel Management, the
regular pay (over the established work scheduling cycle) of a
firefighter subject to section 5545b of title 5, United States Code, as
added by this section, shall not be reduced as a result of the
implementation of this section.
[[Page 112 STAT. 2681-522]]
Sec. 629. (1) Not later than 180 days after the date of enactment of
this Act, the Director of the Office of National Drug Control Policy,
the Secretary of the Treasury, and the Attorney General shall conduct a
joint review of Federal efforts and submit to the appropriate
congressional committees, including the Committees on Appropriations, a
plan to improve coordination among the Federal agencies with
responsibility to protect the borders against drug trafficking. The
review shall also include consideration of Federal agencies'
coordination with State and local law enforcement agencies. The plan
shall include an assessment and action plan, including the activities of
the following departments and agencies:
(A) Department of the Treasury;
(B) Department of Justice;
(C) United States Coast Guard;
(D) Department of Defense;
(E) Department of Transportation;
(F) Department of State; and
(G) Department of Interior.
(2) The purpose of the plan under paragraph (1) is to maximize the
effectiveness of the border control efforts in achieving the objectives
of the national drug control strategy in a manner that is also
consistent with the goal of facilitating trade. In order to maximize the
effectiveness, the plan shall:
(A) specify the methods used to enhance cooperation,
planning and accountability among the Federal, State, and local
agencies with responsibilities along the Southwest border;
(B) specify mechanisms to ensure cooperation among the
agencies, including State and local agencies, with
responsibilities along the Southwest border;
(C) identify new technologies that will be used in
protecting the borders including conclusions regarding
appropriate deployment of technology;
(D) identify new initiatives for infrastructure
improvements;
(E) recommend reinforcements in terms of resources,
technology and personnel necessary to ensure capacity to
maintain appropriate inspections;
(F) integrate findings of the White House Intelligence
Architecture Review into the plan; and
(G) make recommendations for strengthening the HIDTA program
along the Southwest border.
Sec. 630. <<NOTE: 40 USC 490 note.>> (a) Flexiplace Work
Telecommuting Programs.--For fiscal year 1999 and each fiscal year
thereafter, of the funds made available to each Executive agency for
salaries and expenses, at a minimum $50,000 shall be available only for
the necessary expenses of the Executive agency to carry out a flexiplace
work telecommuting program.
(b) Definitions.--For purposes of this section:
(1) Executive agency.--The term ``Executive agency'' means
the following list of departments and agencies: Department of
State, Treasury, Defense, Justice, Interior, Labor, Health and
Human Services, Agriculture, Commerce, Housing and Urban
Development, Transportation, Energy, Education, Veterans'
Affairs, General Services Administration, Office of Personnel
Management, Small Business Administration, Social Security
Administration, Environmental Protection Agency, U.S. Postal
Service.
[[Page 112 STAT. 2681-523]]
(2) Flexiplace work telecommuting program.--The term
``flexiplace work telecommuting program'' means a program under
which employees of an Executive agency are permitted to perform
all or a portion of their duties at a flexiplace work
telecommuting center established under section 210(l) of the
Federal Property and Administrative Services Act of 1949 (40
U.S.C. 490(l)) or other Federal law.
Sec. 631. (a) Meritorious Executive.--Section 4507(e)(1) of title 5,
United States Code, is amended by striking ``$10,000'' and inserting
``an amount equal to 20 percent of annual basic pay''.
(b) Distinguished Executive.--Section 4507(e)(2) of title 5, United
States Code, is amended by striking ``$20,000'' and inserting ``an
amount equal to 35 percent of annual basic pay''.
<<NOTE: 5 USC 4507 note.>> (c) Effective Date.--The amendments made
by this section shall take effect on October 1, 1998, or the date of
enactment of this Act, whichever is later.
Sec. 632. (a) Career SES Performance Awards.--Section 5384(b)(3) of
title 5, United States Code, is amended--
(1) by striking ``3 percent'' and inserting ``10 percent'';
and
(2) by striking ``15 percent'' and inserting ``20 percent''.
<<NOTE: 5 USC 5384 note.>> (b) Effective Date.--The amendments made
by this section shall take effect on October 1, 1998, or the date of
enactment of this Act, whichever is later.
Sec. 633. (a) International Postal Arrangements.--Section 407 of
title 39, United States Code, is amended to read as follows:
``Sec. 407. International Postal Arrangements.
``(a)(1) The Secretary of State shall have primary responsibility
for formulation, coordination and oversight of policy with respect to
United States participation in the Universal Postal Union, including the
Universal Postal Convention and other Acts of the Universal Postal
Union, amendments thereto, and all postal treaties and conventions
concluded within the framework of the Convention and such Acts.
``(2) Subject to subsection (d), the Secretary may, with the consent
of the President, negotiate and conclude treaties, conventions and
amendments referred to in paragraph (1).
``(b)(1) Subject to subsections (a), (c), and (d), the Postal
Service may, with the consent of the President, negotiate and conclude
postal treaties and conventions.
``(2) The Postal Service may, with the consent of the President,
establish rates of postage or other charges on mail matter conveyed
between the United States and other countries.
``(3) The Postal Service shall transmit a copy of each postal treaty
or convention concluded with other governments under the authority of
this subsection to the Secretary of State, who shall furnish a copy to
the Public Printer for publication.
``(c) The Postal Service shall not conclude any treaty or convention
under the authority of this section or any other arrangement related to
the delivery of international postal services that is inconsistent with
any policy developed pursuant to subsection (a).
``(d) In carrying out their responsibilities under this section, the
Secretary and the Postal Service shall consult
with such federal agencies as the Secretary or the Postal Service
considers appropriate, private providers of international postal
services, users of international postal services, the general public,
and such other
[[Page 112 STAT. 2681-524]]
persons as the Secretary or the Postal Service considers appropriate.''.
(b) Sense of Congress.--It is the sense of Congress that any treaty,
convention or amendment entered into under the authority of section 407
of title 39 of the United States Code, as amended by this section,
should not grant any undue or unreasonable preference to the Postal
Service, a private provider of postal services, or any other person.
(c) Trade-In-Service Programs.--The second sentence of paragraph (5)
of section 306(a) of the Trade and Tariff Act of 1984 (19 U.S.C.
2114b(5)) is amended by inserting ``postal and delivery services,''
after ``transportation.''
(d) <<NOTE: 39 USC 407 note.>> Transfer of Funds.--In fiscal year
1999 and each fiscal year hereafter, the Postal Service shall allocate
to the Department of State from any funds available to the Postal
Service such sums as may be reasonable, documented and auditable for the
Department of State to carry out the activities of Section 407 of title
39 of the United States Code.
Sec. 634. <<NOTE: 5 USC 7301 note.>> Notwithstanding any provision
of law, the President, or his designee, must certify to Congress,
annually, that no person or persons with direct or indirect
responsibility for administering the Executive Office of the President's
Drug-Free Workplace Plan are themselves subject to a program of
individual random drug testing.
Sec. 635. (a) None of the funds made available in this or any other
Act may be obligated or expended for any employee training that--
(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 evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.
Sec. 636. No funds appropriated in this or any other Act for fiscal
year 1999 may be used to implement or enforce the agreements in Standard
Forms 312 and 4355 of the Government or any other nondisclosure policy,
form, or agreement if such policy, form, or agreement does not contain
the following provisions: ``These restrictions are consistent with and
do not supersede, conflict with, or otherwise alter the employee
obligations, rights, or liabilities created by Executive Order No.
12958; section 7211 of title 5, United States Code (governing
disclosures to Congress); section 1034 of title 10, United States Code,
as amended by the Military Whistleblower Protection Act (governing
disclosure to Congress by members of the military); section 2302(b)(8)
of title 5, United States Code, as amended by the Whistleblower
Protection Act (governing
[[Page 112 STAT. 2681-525]]
disclosures of illegality, waste, fraud, abuse or public health or
safety threats); the Intelligence Identities Protection Act of 1982 (50
U.S.C. 421 et seq.) (governing disclosures that could expose
confidential Government
agents); and the statutes which protect against disclosure that may
compromise the national security, including sections 641, 793, 794, 798,
and 952 of title 18, United States Code, and section 4(b) of the
Subversive Activities Act of 1950 (50 U.S.C. 783(b)). The definitions,
requirements, obligations, rights, sanctions, and liabilities created by
said Executive order and listed statutes are incorporated into this
agreement and are controlling.'': Provided, That notwithstanding the
preceding paragraph, a nondisclosure policy form or agreement that is to
be executed by a person connected with the conduct of an intelligence or
intelligence-related activity, other than an employee or officer of the
United States Government, may contain provisions appropriate to the
particular activity for which such document is to be used. Such form or
agreement shall, at a minimum, require that the person will not disclose
any classified information received in the course of such activity
unless specifically authorized to do so by the United States Government.
Such nondisclosure forms shall also make it clear that they do not bar
disclosures to Congress or to an authorized official of an executive
agency or the Department of Justice that are essential to reporting a
substantial violation of law.
Sec. 637. No part of any funds appropriated in this or any other Act
shall be used by an agency of the executive branch, other than for
normal and recognized executive-legislative relationships, for publicity
or propaganda purposes, and for the preparation, distribution or use of
any kit, pamphlet, booklet, publication, radio, television or film
presentation designed to support or defeat legislation pending before
the Congress, except in presentation to the Congress itself.
Sec. 638. (a) In General.--For calendar year 2000, the Director of
the Office of Management and Budget shall prepare and submit to
Congress, with the budget submitted under section 1105 of title 31,
United States Code, an accounting statement and associated report
containing--
(1) an estimate of the total annual costs and benefits
(including quantifiable and nonquantifiable effects) of Federal
rules and paperwork, to the extent feasible--
(A) in the aggregate;
(B) by agency and agency program; and
(C) by major rule;
(2) an analysis of impacts of Federal regulation on State,
local, and tribal government, small business, wages, and
economic growth; and
(3) recommendations for reform.
(b) Notice.--The Director of the Office of Management and Budget
shall provide public notice and an opportunity to comment on the
statement and report under subsection (a) before the statement and
report are submitted to Congress.
(c) Guidelines.--To implement this section, the Director of the
Office of Management and Budget shall issue guidelines to agencies to
standardize--
(1) measures of costs and benefits; and
(2) the format of accounting statements.
[[Page 112 STAT. 2681-526]]
(d) Peer Review.--The Director of the Office of Management and
Budget shall provide for independent and external peer review of the
guidelines and each accounting statement and associated report under
this section. Such peer review shall not be subject to the Federal
Advisory Committee Act (5 U.S.C. App.).
Sec. 639. None of the funds appropriated by this Act or any other
Act, may be used by an agency to provide a Federal employee's home
address to any labor organization except when it is made known to the
Federal official having authority to obligate or expend such funds that
the employee has authorized such disclosure or that such disclosure has
been ordered by a court of competent jurisdiction.
Sec. 640. <<NOTE: 18 USC 846 note.>> The Secretary of the Treasury
is authorized to establish scientific certification standards for
explosives detection canines, and shall provide, on a reimbursable
basis, for the certification of explosives detection canines employed by
Federal agencies, or other agencies providing explosives detection
services at airports in the United States.
Sec. 641. None of the funds made available in this Act or any other
Act may be used to provide any non-public information such as mailing or
telephone lists to any person or any organization outside of the Federal
Government without the approval of the Committees on Appropriations.
Sec. 642. No part of any appropriation contained in this or any
other Act shall be used for publicity or propaganda purposes within the
United States not heretofore authorized by the Congress.
Sec. 643. The Director of the United States Marshals Service is
directed to conduct a quarterly threat assessment on the Director of the
Office of National Drug Control Policy.
Sec. 644. <<NOTE: 5 USC note prec. 5941.>> Section 636(c) of Public
Law 104-208 is amended as follows:
(1) In subparagraph (1) by inserting after ``United States
Code'' the following: ``any agency or court in the Judicial
Branch,'';
(2) In subparagraph (2) by amending ``prosecution, or
detention'' to read: ``prosecution, detention, or supervision'';
and
(3) In subparagraph (3) by inserting after ``title 5,'' the
following: ``and, with regard to the Judicial Branch, mean a
justice or judge of the United States as defined in 28 U.S.C.
451 in regular active service or retired from regular active
service, other judicial officers as authorized by the Judicial
Conference of the United States, and supervisors and managers
within the Judicial Branch as authorized by the Judicial
Conference of the United States,''.
Sec. 645. (a) In this section the term ``agency''--
(1) means an Executive agency as defined under section 105
of title 5, United States Code;
(2) includes a military department as defined under section
102 of such title, the Postal Service, and the Postal Rate
Commission; and
(3) shall not include the General Accounting Office.
(b) Unless authorized in accordance with law or regulations to use
such time for other purposes, an employee of an agency shall use
official time in an honest effort to perform official duties. An
employee not under a leave system, including a Presidential appointee
exempted under section 6301(2) of title 5, United States Code, has an
obligation to expend an honest effort and a reasonable
[[Page 112 STAT. 2681-527]]
proportion of such employee's time in the performance of official
duties.
Sec. 646. Notwithstanding any other provision of law, the Secretary
of the Treasury is authorized to, upon submission of proper
documentation (as determined by the Secretary), reimburse importers of
large capacity military magazine rifles as defined in the Treasury
Department's April 6, 1998 ``Study on the Sporting Suitability of
Modified Semiautomatic Assault Rifles'', for which authority had been
granted to import such firearms into the United States on or before
November 14, 1997, and released under bond to the importer by the U.S.
Customs Service on or before February 10, 1998: Provided, That the
importer abandons title to the firearms to the United States: Provided
further, That reimbursements are submitted to the Secretary for his
approval within 120 days of enactment of this provision. In no event
shall reimbursements under this provision exceed the importers cost for
the weapons, plus any shipping, transportation, duty, and storage costs
related to the importation of such weapons.
Money made available for expenditure under 31 U.S.C. section 1304(a) in
an amount not to exceed $1,000,000 shall be available for reimbursements
under this provision: Provided, That accepting the compensation provided
under this provision is final and conclusive and constitutes a complete
release of any and all claims, demands, rights, and causes of action
whatsoever against the United States, its agencies, officers, or
employees arising from the denial by the Department of the Treasury of
the entry of such firearms into the United States. Such compensation is
not otherwise required by law and is not intended to create or recognize
any legally enforceable right to any person.
Sec. 647. <<NOTE: 5 USC 5303 note.>> (a) The adjustment in rates of
basic pay for the statutory pay systems that takes effect in fiscal year
1999 under sections 5303 and 5304 of title 5, United States Code, shall
be an increase of 3.6 percent.
(b) Funds used to carry out this section shall be paid from
appropriations which are made to each applicable department or agency
for salaries and expenses for fiscal year 1999.
Sec. 648. International Mail Reporting Requirement. (a) In
General.--Chapter 36 of title 39, United States Code, is amended by
adding after section 3662 the following:
``Sec. 3663. Annual report on international services
``(a) Not later than July 1 of each year, the Postal Rate Commission
shall transmit to each House of Congress a comprehensive report of the
costs, revenues, and volumes accrued by the Postal Service in connection
with mail matter conveyed between the United States and other countries
for the previous fiscal year.
``(b) Not later than March 15 of each year, the Postal Service shall
provide to the Postal Rate Commission such data as the Commission may
require to prepare the report required under subsection (a) of this
section. Data shall be provided in sufficient detail to enable the
Commission to analyze the costs, revenues, and volumes for each
international mail product or service, under the methods determined
appropriate by the Commission for the analysis of rates for domestic
mail.''.
[[Page 112 STAT. 2681-528]]
(b) Technical and Conforming Amendment.--The table of sections for
chapter 63 of title 39, United States Code, is amended by adding after
the item relating to section 3662 the following:
``3663. Annual report on international services.''.
Sec. 649. Extension of Sunset Provision. Section 2(f)(2) of the
Undetectable Firearms Act of 1988 (18 U.S.C. 922 note) is amended by
striking ``(2)'' and all that follows through ``10 years'' and inserting
the following:
``(2) Sunset.--Effective 15 years''.
Sec. 650. Importation of Certain Grains. (a) Findings.--The Congress
finds that--
(1) importation of grains into the United States at less
than the cost to produce those grains is causing injury to the
United States producers of those grains;
(2) importation of grains into the United States at less
than the fair value of those grains is causing injury to the
United States producers of those grains;
(3) the Canadian Government and the Canadian Wheat Board
have refused to disclose pricing and cost information necessary
to determine whether grains are being exported to the United
States at prices in violation of United States trade laws or
agreements.
(b) Requirements.--
(1) The Customs Service, consulting with the United States
Trade Representative and the Department of Commerce, shall
conduct a study of the efficiency and effectiveness of requiring
that all spring wheat, durum or barley imported into the United
States be imported into the United States through a single port
of entry.
(2) The Customs Service shall report to the Committees on
Appropriations and the Senate Committee on Finance and the House
Committee on Ways and Means not later than ninety days after the
effective date of this Act on the results of the study required
by paragraph (1).
Sec. 651. Designation of Eugene J. McCarthy Post Office Building.
(a) In General.--The building of the United States Postal Service
located at 180 East Kellogg Boulevard in Saint Paul, Minnesota, shall be
known and designated as the ``Eugene J. McCarthy Post Office Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the building referred to
in subsection (a) shall be deemed to be a reference to the ``Eugene J.
McCarthy Post Office Building''.
Sec. 652. The Administrator of General Services may provide, from
government-wide credit card rebates, up to $3,000,000 in support of the
Joint Financial Management Improvement Program as approved by the Chief
Financial Officer's Council.
Sec. 653. Section 6302(g) of title 5, United States Code, is amended
by inserting after ``chapter 35'' the following: ``or section 3595''.
Sec. 654. <<NOTE: 5 USC 601 note.>> Assessment of Federal
Regulations and Policies on Families. (a) Purposes.--The purposes of
this section are to--
(1) require agencies to assess the impact of proposed agency
actions on family well-being; and
(2) improve the management of executive branch agencies.
(b) Definitions.--In this section--
[[Page 112 STAT. 2681-529]]
(1) the term ``agency'' has the meaning given the term
``Executive agency'' by section 105 of title 5, United States
Code, except such term does not include the General Accounting
Office; and
(2) the term ``family'' means--
(A) a group of individuals related by blood,
marriage, adoption, or other legal custody who live
together as a single household; and
(B) any individual who is not a member of such
group, but who is related by blood, marriage, or
adoption to a member of such group, and over half of
whose support in a calendar year is received from such
group.
(c) Family Policymaking Assessment.--Before implementing policies
and regulations that may affect family well-being, each agency shall
assess such actions with respect to whether--
(1) the action strengthens or erodes the stability or safety
of the family and, particularly, the marital commitment;
(2) the action strengthens or erodes the authority and
rights of parents in the education, nurture, and supervision of
their children;
(3) the action helps the family perform its functions, or
substitutes governmental activity for the function;
(4) the action increases or decreases disposable income or
poverty of families and children;
(5) the proposed benefits of the action justify the
financial impact on the family;
(6) the action may be carried out by State or local
government or by the family; and
(7) the action establishes an implicit or explicit policy
concerning the relationship between the behavior and personal
responsibility of youth, and the norms of society.
(d) Governmentwide Family Policy Coordination and Review.--
(1) Certification and rationale.--With respect to each
proposed policy or regulation that may affect family well-being,
the head of each agency shall--
(A) submit a written certification to the Director
of the Office of Management and Budget and to Congress
that such policy or regulation has been assessed in
accordance with this section; and
(B) provide an adequate rationale for implementation
of each policy or regulation that may negatively affect
family well-being.
(2) Office of management and budget.--The Director of the
Office of Management and Budget shall--
(A) ensure that policies and regulations proposed by
agencies are implemented consistent with this section;
and
(B) compile, index, and submit annually to the
Congress the written certifications received pursuant to
paragraph (1)(A).
(3) Office of policy development.--The Office of Policy
Development shall--
(A) assess proposed policies and regulations in
accordance with this section;
(B) provide evaluations of policies and regulations
that may affect family well-being to the Director of the
Office of Management and Budget; and
[[Page 112 STAT. 2681-530]]
(C) advise the President on policy and regulatory
actions that may be taken to strengthen the institutions
of marriage and family in the United States.
(e) Assessments Upon Request by Members of Congress.--Upon request
by a Member of Congress relating to a proposed policy or regulation, an
agency shall conduct an assessment in accordance with subsection (c),
and shall provide a certification and rationale in accordance with
subsection (d).
(f) Judicial Review.--This section is not intended to create any
right or benefit, substantive or procedural, enforceable at law by a
party against the United States, its agencies, its officers, or any
person.
Sec. 655. None of the funds appropriated pursuant to this Act or any
other provision of law may be used for any system to implement section
922(t) of title 18, United States Code, unless the system allows, in
connection with a person's delivery of a firearm to a Federal firearms
licensee as collateral for a loan, the background check to be performed
at the time the collateral is offered for delivery to such licensee:
Provided, That the licensee notifies local law enforcement within 48
hours of the licensee receiving a denial on the person offering the
collateral: Provided further, That the provisions of section 922(t)
shall apply at the time of the redemption of the firearm.
Sec. 656. (a) None of the funds appropriated by this Act may be
used 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.
(b) Nothing in this section shall apply to a contract with:
(1) any of the following religious plans:
(a) SelectCare
(b) Personal CaresHMO
(c) Care Choices
(d) OSF Health Plans, Inc.
(e) Yellowstone Community Health Plan; and
(2) any existing or future plan, if the plan objects to such
coverage on the basis of religious beliefs.
(c) In implementing this section, any plan that enters into or
renews a contract under this section may not subject any individual to
discrimination on the basis that the individual refuses to prescribe
contraceptives because such activities would be contrary to the
individual's religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to require coverage
of abortion or abortion-related services.
TITLE VIII--TECHNICAL AND CLARIFYING AMENDMENTS
SEC. 801. TECHNICAL AND CLARIFYING AMENDMENTS RELATING TO DISTRICT OF
COLUMBIA RETIREMENT FUNDS.
(a) Permitting Other Federal Entities To Administer Program.--
Section 11003 of the Balanced Budget Act of 1997 (DC Code, sec. 1-761.2)
is amended--
(1) in paragraph (1), by inserting ``, and includes any
agreement with a department, agency, or instrumentality of the
United States entered into under that section'' after ``the
Trustee''; and
(2) in paragraph (10), by striking ``, partnership, joint
venture, corporation, mutual company, joint-stock company,
trust,
[[Page 112 STAT. 2681-531]]
estate, unincorporated organization, association, or employee
organization'' and inserting ``; partnership; joint venture;
corporation; mutual company; joint-stock company; trust; estate;
unincorporated organization; association; employee organization;
or department, agency, or instrumentality of the United States''
(b) Permitting Waiver of Recovery of Amounts Paid in Error.--Section
11021(3) of such Act (DC Code, sec. 1-763.1(3)) is amended by inserting
``, or waive recoupment or recovery of,'' after ``recover''.
(c) Permitting Use of Trust Fund To Cover Administrative Expenses.--
Section 11032 of such Act (DC Code, sec. 1-764.2) is amended--
(1) by amending subsection (a) to read as follows:
``(a) In General.--Amounts in the Trust Fund shall be used--
``(1) to make Federal benefit payments under this subtitle;
``(2) subject to subsection (b)(1), to cover the reasonable
and necessary expenses of administering the Trust Fund under the
contract entered into pursuant to section 11035(b);
``(3) to cover the reasonable and necessary administrative
expenses incurred by the Secretary in carrying out the Secretary
s responsibilities under this subtitle; and
``(4) for such other purposes as are specified in this
subtitle.''; and
(2) in subsection (b)(2), by inserting ``(including expenses
described in section 11041(b))'' after ``to administer the Trust
Fund''.
(d) Promoting Flexibility in Administration of Program.--Section
11035 of such Act (DC Code, sec. 1-764.5) is amended--
(1) by redesignating subsection (c) as subsection (e); and
(2) by inserting after subsection (b) the following new
subsections:
``(c) Subcontracts.--Notwithstanding any provision of a District
Retirement Program or any other law, rule, or regulation, the Trustee
may, with the approval of the Secretary, enter into one or more
subcontracts with the District Government or any person to provide
services to the Trustee in connection with its performance of the
contract. The Trustee shall monitor the performance of any such
subcontract and enforce its provisions.
``(d) Determination by the Secretary.--Notwithstanding subsection
(b) or any other provision of this subtitle, the Secretary may
determine, with respect to any function otherwise to be performed by the
Trustee, that in the interest of economy and efficiency such function
shall be performed by the Secretary rather than the Trustee.''.
(e) Process for Reimbursement of District Government for Expenses of
Interim Administration.--Section 11041 of such Act (DC Code, sec. 1-
765.1) is amended--
(1) in subsection (b), by striking ``The Trustee shall'' and
inserting ``The Secretary or the Trustee shall, at such times
during or after the period of interim administration described
in subsection (a) as are deemed appropriate by the Secretary or
the Trustee'';
(2) in subsection (b)(1), by inserting ``the Secretary or''
after ``if''; and
(3) in subsection (c), by striking ``the replacement plan
adoption date'' and inserting ``such time as the Secretary
[[Page 112 STAT. 2681-532]]
notifies the District Government that the Secretary has directed
the Trustee to carry out the duties and responsibilities
required under the contract''.
(f) Annual Federal Payment Into Federal Supplemental Fund.--Section
11053 of such Act (DC Code, sec. 1-766.3) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Annual Amortization Amount.--At the end of each applicable
fiscal year the Secretary shall promptly pay into the Federal
Supplemental Fund from the General Fund of the Treasury an amount equal
to the annual amortization amount for the year (which may not be less
than zero).'';
(2) in subsection (b), by striking ``freeze date'' and
inserting ``effective date of this Act'';
(3) by redesignating subsections (b) and (c) as subsections
(c) and (d); and
(4) by inserting after subsection (a) the following new
subsection:
``(b) Administrative Expenses.--During each applicable fiscal year,
the Secretary shall pay into the Federal Supplemental Fund from the
General Fund of the Treasury amounts not to exceed the covered
administrative expenses for the year.''.
(g) Technical Corrections.--(1) Section 11012(c) of such Act (DC
Code, sec. 1-752.2(c)) is amended by striking ``District of Columbia
Retirement Board'' and inserting ``District Government''.
(2) Section 11033(c)(1) of such Act (DC Code, sec. 1-764.3(c)(1)) is
amended by striking ``consisting'' in the first place that it appears.
(3) Section 11052 of such Act (DC Code, sec. 1-766.2) is amended by
inserting ``to'' after ``may be made only''.
SEC. 802. CLARIFYING TREATMENT OF DISTRICT OF COLUMBIA EMPLOYEES
TRANSFERRED TO FEDERAL RETIREMENT SYSTEMS.
(a) Eligibility of Nonjudicial Employees of District of Columbia
Courts for Medicare and Social Security Benefits.--Section 11246(b) of
the Balanced Budget Act of 1997 (Public Law 105-33; 111 Stat.
755) <<NOTE: 26 USC 3121 note.>> is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4); and
(2) by inserting after paragraph <<NOTE: 26 USC 3121; 42 USC
410.>> (1) the following new paragraph:
``(2) Conforming Amendments to Internal Revenue Code and
Social Security.--(A) Section 3121(b)(7)(C) of the Internal
Revenue Code of 1986 (relating to the definition of employment
for service performed in the employ of the District of Columbia)
is amended by inserting `(other than the Federal Employees
Retirement System provided in chapter 84 of title 5, United
States Code)' after `law of the United States'.
``(B) Section 210(a)(7)(D) of the Social Security Act (42
U.S.C. 410(a)(7)(D)) (relating to the definition of employment
for service performed in the employ of the District of
Columbia), is amended by inserting `(other than the Federal
Employees Retirement System provided in chapter 84 of title 5,
United States Code)' after `law of the United States.''.
(b) Vesting Under Previous District of Columbia Retirement
Program.--For purposes of vesting pursuant to section 2610(b) of the
District of Columbia Government Comprehensive
[[Page 112 STAT. 2681-533]]
Merit Personnel Act of 1978 (DC Code, sec. 1-627.10(b)), creditable
service with the District for employees whose participation in the
District Defined Contribution Plan ceases as a result of the
implementation of the Balanced Budget Act of 1997 shall include--
(1) continuous service performed by nonjudicial employees of
the District of Columbia courts after September 30, 1997; and
(2) service performed for a successor employer, including
the Department of Justice or the District of Columbia Offender
Supervision, Defender, and Courts Services Agency established
under section 11233 of the Balanced Budget Act of 1997, that
provides services previously performed by the District
government.
SEC. 803. METHODOLOGY FOR DESIGNATING ASSETS OF RETIREMENT FUND.
Section 11033 of the Balanced Budget Act of 1997 (DC Code, sec. 1-
764.3) is amended by adding at the end the following new subsection:
``(e) Methodology for Designating Assets.--
``(1) In general.--In carrying out subsection (b), the
Secretary may develop and implement a methodology for
designating assets after the replacement plan adoption date that
takes into account the value of the District Retirement Fund as
of the replacement plan adoption date and the proportion of such
value represented by $1.275 billion, together with the income
(including returns on investments) earned on the assets of and
withdrawals from and deposits to the Fund during the period
between such date and the date on which the Secretary designates
assets under subsection (b). In implementing a methodology under
the previous sentence, the Secretary shall not be required to
determine the value of designated assets as of the replacement
plan adoption date. Nothing in this paragraph may be deemed to
effect the entitlement of the District Retirement Fund to income
(including returns on investments) earned after the replacement
plan adoption date on assets designated for retention by the
Fund.
``(2) Employee contributions; judicial retirement and
survivors annuity fund.--The Secretary may develop and implement
a methodology comparable to the methodology described in
paragraph (1) in carrying out the requirements of subsection (c)
and in designating assets to be transferred to the District of
Columbia Judicial Retirement and Survivors Annuity Fund pursuant
to section 124(c)(1) of the District of Columbia Retirement
Reform Act (as amended by section 11252).
``(3) Discretion of the secretary.--The Secretary's
development and implementation of methodologies for designating
assets under this subsection shall be final and binding.''.
SEC. 804. TECHNICAL AND CLARIFYING AMENDMENTS RELATING TO JUDICIAL
RETIREMENT PROGRAM.
(a) Administration of Judicial Retirement and Survivors Annuity
Fund.--Section 11-1570, District of Columbia Code, as amended by section
11251 of the Balanced Budget Act of 1997, is amended as follows:
(1) In subsection (b)(1)--
[[Page 112 STAT. 2681-534]]
(A) by striking ``title I of the National Capital
Revitalization and Self-Government Improvement Act of
1997'' and inserting ``subtitle A of title XI of the
Balanced Budget Act of 1997''; and
(B) by inserting after the second sentence the
following new sentences: ``Notwithstanding any other
provision of District law or any other law, rule, or
regulation, any Trustee, contractor, or enrolled actuary
selected by the Secretary under this subsection may,
with the approval of the Secretary, enter into one or
more subcontracts with the District of Columbia
government or any person to provide services to such
Trustee, contractor, or enrolled actuary in connection
with its performance of its agreement with the
Secretary. Such Trustee, contractor, or enrolled actuary
shall monitor the performance of any subcontract to
which it is a party and enforce its provisions.''.
(2) In subsection (b)(2)--
(A) by striking ``chief judges of the District of
Columbia Court of Appeals and Superior Court of the
District of Columbia'' and inserting ``Secretary'';
(B) by striking ``and the Secretary'';
(C) by striking ``and appropriations''; and
(D) by striking ``and deficiency''.
(3) By amending subsection (c) to read as follows:
``(c)(1) Amounts in the Fund are available--
``(A) for the payment of judges retirement pay, annuities,
refunds, and allowances under this subchapter;
``(B) to cover the reasonable and necessary expenses of
administering the Fund under any agreement entered into with a
Trustee, contractor, or enrolled actuary under subsection
(b)(1), including any agreement with a department, agency or
instrumentality of the United States; and
``(C) to cover the reasonable and necessary administrative
expenses incurred by the Secretary in carrying out the Secretary
s responsibilities under this subchapter.
``(2) Notwithstanding any other provision of District law or any
other law, rule, or regulation--
``(A) the Secretary may review benefit determinations under
this subchapter made prior to the date of the enactment of the
Balanced Budget Act of 1997, and shall make initial benefit
determinations after such date; and
``(B) the Secretary may recoup or recover, or waive
recoupment or recovery of, any amounts paid under this
subchapter as a result of errors or omissions by any person.''.
(4) In subsection (d)(1)--
(A) by striking ``Subject to the availability of
appropriations, there shall be deposited into the Fund''
and inserting ``The Secretary shall pay into the Fund
from the General Fund of the Treasury''; and
(B) by striking ``(beginning with the first fiscal
year which ends more than 6 months after the replacement
plan adoption date described in section 103(13) of the
National Capital Revitalization and Self-Government
Improvement Act of 1997)''.
(5) In subsection (d)(2)(A)--
(A) by striking ``June 30, 1997'' and inserting
``September 30, 1997''; and
[[Page 112 STAT. 2681-535]]
(B) by striking ``net the sum of future normal
cost'' and inserting ``net of the sum of the present
value of future normal costs''.
(6) In subsection (d)(3), by striking ``shall be taken from
sums available for that fiscal year for the payment of the
expenses of the Court, and''.
(7) By adding at the end the following new subsections:
``(h) For purposes of the Internal Revenue Code of 1986--
``(1) the Fund shall be treated as a trust described in
section 401(a) of the Code that is exempt from taxation under
section 501(a) of the Code;
``(2) any transfer to or distribution from the Fund shall be
treated in the same manner as a transfer to or distribution from
a trust described in section 401(a) of the Code; and
``(3) the benefits provided by the Fund shall be treated as
benefits provided under a governmental plan maintained by the
District of Columbia.
``(i) For purposes of the Employee Retirement Income Security Act of
1974, the benefits provided by the Fund shall be treated as benefits
provided under a governmental plan maintained by the District of
Columbia.
``(j) To the extent that any provision of subpart A of part I of
subchapter D of the chapter 1 of the Internal Revenue Code of 1986 (26
U.S.C. 401 et seq.) is amended after the date of the enactment of this
subsection, such provision as amended shall apply to the Fund only to
the extent the Secretary determines that application of the provision as
amended is consistent with the administration of this subchapter.
``(k) Federal obligations for benefits under this subchapter are
backed by the full faith and credit of the United States.''.
(b) Regulatory Authority of Secretary.--Section 11251 of the
Balanced Budget Act of 1997 (Public Law 105-33; 111 Stat. 756) is
amended--
(1) by redesignating subsection (b) as subsection (c);
(2) by inserting after subsection (a) the following new
subsection:
``(b) Regulations; Effect on Reform Act.--Title 11, District of
Columbia Code, is amended by adding the following new section:
`Sec. 11-1572. Regulations; effect on Reform Act.
`(a) The Secretary is authorized to issue regulations to implement,
interpret, administer and carry out the purposes of this subchapter,
and, in the Secretary's discretion, those regulations may have
retroactive effect, except that nothing in this subsection may be
construed to permit the Secretary to issue any regulation to
retroactively reduce or eliminate the benefits to which any individual
is entitled under this subchapter.
`(b) This subchapter supersedes any provision of the District of
Columbia Retirement Reform Act (Public Law 96-122) inconsistent with
this subchapter and the regulations thereunder.'.''; and
(3) by amending subsection (c) (as so redesignated) to read
as follows:
``(c) Clerical Amendments.--
[[Page 112 STAT. 2681-536]]
``(1) The table of sections for subchapter III of chapter 15
of title 11, District of Columbia Code, is amended by amending
the item relating to section 11-1570 to read as follows:
`11-1570. The District of Columbia Judicial Retirement and Survivors
Annuity Fund.'.
``(2) The table of sections for subchapter III of chapter 15
of title 11, District of Columbia Code, is amended by adding at
the end the following new item:
`11-1572. Regulations; effect on Reform Act.'.''
(c) Termination of Previous Fund and Program.--Section 124 of the
District of Columbia Retirement Reform Act (DC Code, sec. 1-714), as
amended by section 11252(a) of the Balanced Budget Act of 1997, is
amended--
(1) in subsection (a), by inserting ``(except as provided in
section 11-1570, District of Columbia Code)'' after ``the
following'';
(2) in subsection (c)(1), by striking ``title I of the
National Capital Revitalization and Self-Government Improvement
Act of 1997'' and inserting ``subtitle A of title XI of the
Balanced Budget Act of 1997''; and
(3) in subsection (c)(2)--
(A) by striking ``(2) The'' and inserting ``(2) In
accordance with the direction of the Secretary, the'';
(B) by striking ``in the Treasury'' and inserting
``at the Board''; and
(C) by striking ``appropriated'' and inserting
``used''.
(d) Administration of Retirement Funds.--Section 11252 of the
Balanced Budget Act of 1997 is amended--
(1) by redesignating subsection (b) as subsection (c);
(2) by inserting after subsection (a) the following new
subsection:
``(b) Transition From District of Columbia Administration.--Sections
11023, 11032(b)(2), 11033(d), and 11041 shall apply to the
administration of the District of Columbia Judges Retirement Fund
established under section 124 of the District of Columbia Retirement
Reform Act (DC Code, sec. 1-714), the District of Columbia Judicial
Retirement and Survivors Annuity Fund established under section 11-1570,
District of Columbia Code, and the retirement program for judges under
subchapter III of chapter 15 of title 11, District of Columbia Code,
except as follows:
``(1) In applying each such section--
``(A) any reference to this subtitle shall instead
refer to subchapter III of chapter 15 of title 11,
District of Columbia Code;
``(B) any reference to the District Retirement
Program shall be deemed to include the retirement
program for judges under subchapter III of chapter 15 of
title 11, District of Columbia Code;
``(C) any reference to the District Retirement Fund
shall be deemed to include the District of Columbia
Judges Retirement Fund established under section 124 of
the District of Columbia Retirement Reform Act;
``(D) any reference to Federal benefit payments
shall be deemed to include judges retirement pay,
annuities,
[[Page 112 STAT. 2681-537]]
refunds and allowances under subchapter III of chapter
15 of title 11, District of Columbia Code;
``(E) any reference to the Trust Fund shall instead
refer to the District of Columbia Judicial Retirement
and Survivors Annuity Fund established under section 11-
1570, District of Columbia Code;
``(F) any reference to section 11033 shall instead
refer to section 124 of the District of Columbia
Retirement Reform Act, as amended by section 11252; and
``(G) any reference to chapter 2 shall instead refer
to section 11-1570, District of Columbia Code.
``(2) In applying section 11023--
``(A) any reference to the contract shall instead
refer to the agreement referred to in section 11-
1570(b), District of Columbia Code; and
``(B) any reference to the Trustee shall instead
refer to the Trustee or contractor referred to in
section 11-1570(b), District of Columbia Code.
``(3) In applying section 11033(d)--
``(A) any reference to this section shall instead
refer to section 124 of the District of Columbia
Retirement Reform Act, as amended by section 11252; and
``(B) any reference to the Trustee shall instead
refer to the Secretary or the Trustee or contractor
referred to in section 11-1570(b), District of Columbia
Code.
``(4) In applying section 11041(b), any reference to the
Trustee shall instead refer to the Trustee or contractor
referred to in section 11-1570(b), District of Columbia Code.'';
and
(3) by adding at the end the following new subsection:
``(d) Effective Date.--The provisions of subsection (c) shall take
effect on the date on which the assets of the District of Columbia
Judges Retirement Fund are transferred to the District of Columbia
Judicial Retirement and Survivors Annuity Fund.''.
(e) Miscellaneous Technical and Clerical Amendments.--(1) Sections
11-1568(d) and 11-1569, District of Columbia Code, are each amended by
striking ``Mayor'' each place it appears and inserting ``Secretary of
the Treasury''.
(2) Section 11-1568.2, District of Columbia Code, is amended by
striking ``Mayor of the District of Columbia'' each place it appears and
inserting ``Secretary of the Treasury''.
(3) Section 121(b)(1)(A) of the District of Columbia Retirement
Reform Act (DC Code, sec. 1-711(b)(1)(A)), as amended by section
11252(c)(1) of the Balanced Budget Act of 1997 (as redesignated by
subsection (d)(1)), is amended in the matter preceding clause (i), by
striking ``11'' and inserting ``12''.
(4) Section 11-1561(4), District of Columbia Code, as amended by
section 11253(b) of the Balanced Budget Act of 1997, is amended by
striking ``sections'' and inserting ``section''.
(5) Section 11253(c) of the Balanced Budget Act of 1997 (Public Law
105-33; 111 Stat. 759) is amended to read as follows:
``(c) Treatment of Federal Service of Judges.--Section 11-1564,
District of Columbia Code, is amended--
``(1) in subsection (d)(2)(A), by striking `section 1-1814)'
and inserting `section 1-714) or the District of Columbia
Judicial Retirement and Survivors Annuity Fund (established by
section 11-1570)'; and
[[Page 112 STAT. 2681-538]]
``(2) in subsection (d)(4), by striking `Judges Retirement
Fund established by section 124(a) of
the District of Columbia Retirement Reform Act' and inserting `Judicial
Retirement and Survivors Annuity Fund under section 11-1570'.''.
(6) Section 11253 of the Balanced Budget Act of 1997 (Public Law
105-33; 111 Stat. 759) is amended by adding at the end the following new
subsection:
``(d) Redeposits to Fund.--Section 11-1568.1(4)(A), District of
Columbia Code, is amended by striking `Judges Retirement Fund' and
inserting `Judicial Retirement and Survivors Annuity Fund'.''.
(f) Effective Date.--The amendments made by subsections (a)(2),
(a)(4), and (a)(6) shall take effect October 1, 1998.
<<NOTE: 26 USC 3121 note.>> SEC. 805. EFFECTIVE DATE.
Except as otherwise specifically provided, this title and the
amendments made by this title shall take effect as if included in the
enactment of title XI of the Balanced Budget Act of 1997.
<<NOTE: Haitian Refugee Immigration Fairness Act of 1998. 8 USC 1101
note.>> TITLE IX--HAITIAN REFUGEE IMMIGRATION FAIRNESS ACT OF 1998
Sec. 901. Short Title. This title may be cited as the ``Haitian
Refugee Immigration Fairness Act of 1998''.
Sec. 902. <<NOTE: 8 USC 1255 note.>> Adjustment of Status of
Certain Haitian Nationals. (a) Adjustment of Status.--
(1) In general.--The status of any alien described in
subsection (b) shall be adjusted by the Attorney General to that
of an alien lawfully admitted for permanent residence, if the
alien--
(A) applies for such adjustment before April 1,
2000; and
(B) is otherwise admissible to the United States for
permanent residence, except that, in determining such
admissibility, the grounds for inadmissibility specified
in paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of
section 212(a) of the Immigration and Nationality Act
shall not apply.
(2) Relationship of application to certain orders.--An alien
present in the United States who has been ordered excluded,
deported, removed, or ordered to depart voluntarily from the
United States under any provision of the Immigration and
Nationality Act may, notwithstanding such order, apply for
adjustment of status under paragraph (1). Such an alien may not
be required, as a condition on submitting or granting such
application, to file a separate motion to reopen, reconsider, or
vacate such order. If the Attorney General grants the
application, the Attorney General shall cancel the order. If the
Attorney General makes a final decision to deny the application,
the order shall be effective and enforceable to the same extent
as if the application had not been made.
(b) Aliens Eligible for Adjustment of Status.--The benefits provided
by subsection (a) shall apply to any alien who is a national of Haiti
who--
(1) was present in the United States on December 31, 1995,
who--
(A) filed for asylum before December 31, 1995,
(B) was paroled into the United States prior to
December 31, 1995, after having been identified as
having a
[[Page 112 STAT. 2681-539]]
credible fear of persecution, or paroled for emergent
reasons or reasons deemed strictly in the public
interest, or
(C) was a child (as defined in the text above
subparagraph (A) of section 101(b)(1) of the Immigration
and Nationality Act (8 U.S.C. 1101(b)(1)) at the time of
arrival in the United States and on December 31, 1995,
and who--
(i) arrived in the United States without
parents in the United States and has remained
without parents in the United States since such
arrival,
(ii) became orphaned subsequent to arrival in
the United States, or
(iii) was abandoned by parents or guardians
prior to April 1, 1998 and has remained abandoned
since such abandonment; and
(2) has been physically present in the United States for a
continuous period beginning not later than December 31, 1995,
and ending not earlier than the date the application for such
adjustment is filed, except that an alien shall not be
considered to have failed to maintain continuous physical
presence by reason of an absence, or absences, from the United
States for any period or periods amounting in the aggregate to
not more than 180 days.
(c) Stay of Removal.--
(1) In general.--The Attorney General shall provide by
regulation for an alien who is subject to a final order of
deportation or removal or exclusion to seek a stay of such order
based on the filing of an application under subsection (a).
(2) During certain proceedings.--Notwithstanding any
provision of the Immigration and Nationality Act, the Attorney
General shall not order any alien to be removed from the United
States, if the alien is in exclusion, deportation, or removal
proceedings under any provision of such Act and has applied for
adjustment of status under subsection (a), except where the
Attorney General has made a final determination to deny the
application.
(3) Work authorization.--The Attorney General may authorize
an alien who has applied for adjustment of status under
subsection (a) to engage in employment in the United States
during the pendency of such application and may provide the
alien with an ``employment authorized'' endorsement or other
appropriate document signifying authorization of employment,
except that if such application is pending for a period
exceeding 180 days, and has not been denied, the Attorney
General shall authorize such employment.
(d) Adjustment of Status for Spouses and Children.--
(1) In general.--The status of an alien shall be adjusted by
the Attorney General to that of an alien lawfully admitted for
permanent residence, if--
(A) the alien is a national of Haiti;
(B) the alien is the spouse, child, or unmarried son
or daughter, of an alien whose status is adjusted to
that of an alien lawfully admitted for permanent
residence under subsection (a), except that, in the case
of such an unmarried son or daughter, the son or
daughter shall be required to establish that he or she
has been physically present in the United States for a
continuous period beginning not later than December 31,
1995, and ending not
[[Page 112 STAT. 2681-540]]
earlier than the date the application for such
adjustment is filed;
(C) the alien applies for such adjustment and is
physically present in the United States on the date the
application is filed; and
(D) the alien is otherwise admissible to the United
States for permanent residence, except that, in
determining such admissibility, the grounds for
inadmissibility specified in paragraphs (4), (5),
(6)(A), (7)(A), and (9)(B) of section 212(a) of the
Immigration and Nationality Act shall not apply.
(2) Proof of continuous presence.--For purposes of
establishing the period of continuous physical presence referred
to in paragraph (1)(B), an alien shall not be considered to have
failed to maintain continuous physical presence by reason of an
absence, or absences, from the United States for any period or
periods amounting in the aggregate to not more than 180 days.
(e) Availability of Administrative Review.--The Attorney General
shall provide to applicants for adjustment of status under subsection
(a) the same right to, and procedures for, administrative review as are
provided to--
(1) applicants for adjustment of status under section 245 of
the Immigration and Nationality Act; or
(2) aliens subject to removal proceedings under section 240
of such Act.
(f) Limitation on Judicial Review.--A determination by the Attorney
General as to whether the status of any alien should be adjusted under
this section is final and shall not be subject to review by any court.
(g) No Offset in Number of Visas Available.--When an alien is
granted the status of having been lawfully admitted for permanent
resident pursuant to this section, the Secretary of State shall not be
required to reduce the number of immigrant visas authorized to be issued
under any provision of the Immigration and Nationality Act.
(h) Application of Immigration and Nationality Act Provisions.--
Except as otherwise specifically provided in this title, the definitions
contained in the Immigration and Nationality Act shall apply in the
administration of this section. Nothing contained in this title shall be
held to repeal, amend, alter, modify, effect, or restrict the powers,
duties, functions, or authority of the Attorney General in the
administration and enforcement of such Act or any other law relating to
immigration, nationality, or naturalization. The fact that an alien may
be eligible to be granted the status of having been lawfully admitted
for permanent residence under this section shall not preclude the alien
from seeking such status under any other provision of law for which the
alien may be eligible.
(i) Adjustment of Status Has No Effect On Eligibility For Welfare
and Public Benefits.--No alien whose status has been adjusted in
accordance with this section and who was not a qualified alien on the
date of enactment of this Act may, solely on the basis of such adjusted
status, be considered to be a qualified alien under section 431(b) of
the Personal Responsibility and Work Opportunity Reconciliation Act of
1996 (8 U.S.C. 1641(b)), as amended by section 5302 of the Balanced
Budget Act of 1997 (Public
[[Page 112 STAT. 2681-541]]
Law 105-33; 111 Stat. 598), for purposes of determining the alien's
eligibility for supplemental security income benefits under title XVI of
the Social Security Act (42 U.S.C. 1381 et seq.) or medical assistance
under title XIX of such Act (42 U.S.C. 1396 et seq.).
(j) Period of Applicability.--Subsection (i) shall not apply after
October 1, 2003.
(k) Not later than 6 months after the date of the enactment of this
Act, and every 6 months thereafter (until all applications for
adjustment of status under this section have been finally adjudicated),
the Comptroller General of the United States shall submit to the
Committees on the Judiciary and the Committees on Appropriations of the
United States House of Representatives and the United States Senate a
report containing the following:
(1)(A) The number of aliens who applied for adjustment of
status under subsection (a), including a breakdown specifying
the number of such applicants who are described in subparagraph
(A), (B), or (C) of subsection (b)(1), respectively.
(B) The number of aliens described in subparagraph (A) whose
status was adjusted under this section, including a breakdown
described in the subparagraph.
(2)(A) The number of aliens who applied for adjustment of
status under subsection (d), including a breakdown specifying
the number of such applicants who are sponsors, children, or
unmarried sons or daughters described in such subsection,
respectively.
(B) The number of aliens described in subparagraph (A) whose
status was adjusted under this section, including a breakdown
described in the subparagraph.
Sec. 903. <<NOTE: 8 USC 1377.>> Collection of Data on Detained
Asylum Seekers. (a) In General.--The Attorney General shall regularly
collect data on a nation-wide basis with respect to asylum seekers in
detention in the United States, including the following information:
(1) The number of detainees.
(2) An identification of the countries of origin of the
detainees.
(3) The percentage of each gender within the total number of
detainees.
(4) The number of detainees listed by each year of age of
the detainees.
(5) The location of each detainee by detention facility.
(6) With respect to each facility where detainees are held,
whether the facility is also used to detain criminals and
whether any of the detainees are held in the same cells as
criminals.
(7) The number and frequency of the transfers of detainees
between detention facilities.
(8) The average length of detention and the number of
detainees by category of the length of detention.
(9) The rate of release from detention of detainees for each
district of the Immigration and Naturalization Service.
(10) A description of the disposition of cases.
(b) Annual Reports.--Beginning October 1, 1999, and not later than
October 1 of each year thereafter, the Attorney General shall submit to
the Committee on the Judiciary of each House of Congress a report
setting forth the data collected under subsection (a) for the fiscal
year ending September 30 of that year.
(c) Availability to Public.--Copies of the data collected under
subsection (a) shall be made available to members of the public
[[Page 112 STAT. 2681-542]]
upon request pursuant to such regulations as the Attorney General shall
prescribe.
Sec. 904. <<NOTE: 8 USC 1378.>> Collection of Data on Other
Detained Aliens. (a) In General.--The Attorney General shall regularly
collect data on a nationwide basis on aliens being detained in the
United States by the Immigration and Naturalization Service other than
the aliens described in section 903, including the following
information:
(1) The number of detainees who are criminal aliens and the
number of detainees who are noncriminal aliens who are not
seeking asylum.
(2) An identification of the ages, gender, and countries of
origin of detainees within each category described in paragraph
(1).
(3) The types of facilities, whether facilities of the
Immigration and Naturalization Service or other Federal, State,
or local facilities, in which each of the categories of
detainees described in paragraph (1) are held.
(b) Length of Detention, Transfers, and Dispositions.--With respect
to detainees who are criminal aliens and detainees who are noncriminal
aliens who are not seeking asylum, the Attorney General shall also
collect data concerning--
(1) the number and frequency of transfers between detention
facilities for each category of detainee;
(2) the average length of detention of each category of
detainee;
(3) for each category of detainee, the number of detainees
who have been detained for the same length of time, in 3-month
increments;
(4) for each category of detainee, the rate of release from
detention for each district of the Immigration and
Naturalization Service; and
(5) for each category of detainee, the disposition of
detention, including whether detention ended due to deportation,
release on parole, or any other release.
(c) Criminal Aliens.--With respect to criminal aliens, the Attorney
General shall also collect data concerning--
(1) the number of criminal aliens apprehended under the
immigration laws and not detained by the Attorney General; and
(2) a list of crimes committed by criminal aliens after the
decision was made not to detain them, to the extent this
information can be derived by cross-checking the list of
criminal aliens not detained with other databases accessible to
the Attorney General.
(d) Annual Reports.--Beginning on October 1, 1999, and not later
than October 1 of each year thereafter, the Attorney General shall
submit to the Committee on the Judiciary of each House of Congress a
report setting forth the data collected under subsections (a), (b), and
(c) for the fiscal year ending September 30 of that year.
(e) Availability to Public.--Copies of the data collected under
subsections (a), (b), and (c) shall be made available to members of the
public upon request pursuant to such regulations as the Attorney General
shall prescribe.
This Act may be cited as the ``Treasury and General Government
Appropriations Act, 1999''.
[[Page 112 STAT. 2681-543]]
Sec. 102. For the purpose of carrying out the provisions of the
Tennessee Valley Authority Act of 1933, as amended (16 U.S.C. ch. 12A),
including hire, maintenance, and operation of aircraft, and purchase and
hire of passenger motor vehicles, $50,000,000 is hereby appropriated:
Provided, That use of the funds provided herein is limited to the
purposes for which funds were provided under this heading in Public Law
105-62: Provided further, That of the amounts appropriated under this
section, $7,000,000 shall be available for operation, maintenance,
surveillance, and improvement of Land Between the Lakes.
Sec. 103. Repurchase of Bonds by the Tennessee Valley Authority. (a)
Repurchase.--Notwithstanding any other provision of law or any term
contained in any bond issued by the Tennessee Valley Authority to the
Federal Financing Bank--
(1) subject to subsection (b), the Tennessee Valley
Authority shall have the right to repurchase all such bonds by
payment of the principal amount of the bonds plus interest to
the date of repurchase;
(2) the Federal Financing Bank shall not require payment
from the Tennessee Valley Authority of any additional amount in
connection with the repurchase; and
(3) there is hereby appropriated to the Federal Financing
Bank such amounts as may be necessary to pay the difference
between (1) the amount that the Tennessee Valley Authority paid
to the Federal Financing Bank to prepay its outstanding loans
from the Federal Financing Bank under this section and (2) the
amount that the Federal Financing Bank would have received
otherwise.
(b) No Further Financing.--Notwithstanding any other law, after the
date of repurchase of bonds under subsection (a), the Tennessee Valley
Authority shall not be entitled or permitted to obtain financing from
the Federal Financing Bank.
(c) Use of Savings.--
(1) In general.--From non-appropriated funds, beginning on
the date of repurchase of bonds and ending on the date on which
the bonds would have matured but for this section, amounts that,
as determined under paragraph (2), are equivalent to amounts
that the Tennessee Valley Authority saves as a result of the
repurchase of bonds shall be used to reduce debt of the
Tennessee Valley Authority.
(2) Determination of amount of savings.--On each date on
which a payment of interest would have been made on a
repurchased bond if the bond had not been repurchased, the
Tennessee Valley Authority shall be considered to realize a
saving in the amount of the difference between--
(A) the amount of interest that would have been due
at the rate of interest specified in the bond; and
(B) the amount of interest that would have been due
if the rate of interest specified in the bond had been
the yield to maturity of a marketable public obligation
of the United States with a maturity of 10 years as of
September 30, 1997.
Sec. 104. Section 312 of Public Law 105-245, the Energy and Water
Development Appropriations Act, 1999, is repealed.
Sec. 105. An additional amount of $35,000,000, to remain available
until expended, for Department of Defense--Civil, Department of the
Army, Corps of Engineers--Civil, ``Construction, General'',
[[Page 112 STAT. 2681-544]]
is hereby appropriated for the Columbia River Fish Mitigation,
Washington, Oregon, and Idaho, project.
Sec. 106. The Secretary of the Army, acting through the Chief of
Engineers, is directed to use $1,500,000 of the funds previously
appropriated in ``Construction, General'', for the Lackawanna River,
Scranton, Pennsylvania,
project to initiate construction of the Delaware River Mainstem and
Channel Deepening, Delaware, New Jersey, and Pennsylvania, project. The
Secretary of the Army, acting through the Chief of Engineers, is
directed to use $400,000 of the funds previously appropriated in
``Construction, General'', for the Lackawanna River, Scranton,
Pennsylvania, project to initiate a comprehensive review of aquatic
ecosystem restoration initiatives in the Upper Susquehanna-Lackawanna
Watershed under the Aquatic Ecosystem Restoration (Section 206) program.
Subject to enactment of authorizing legislation, the Secretary of the
Army, acting through the Chief of Engineers, is directed to use $340,000
of the available ``Construction, General'' funds to initiate
construction of the Pierre, South Dakota, flood mitigation project. The
Secretary of the Army, acting through the Chief of Engineers, is
directed to use $1,500,000 of the funds appropriated in ``Construction,
General'', in Public Law 105-245 for the South Central Pennsylvania
Environment Improvement Program only for water-related environmental
infrastructure and resource protection and development projects in
Allegheny County, Pennsylvania, in accordance with the purposes of
subsection (a) and requirements of subsections (b) through (e) of
section 313 of the Water Resources Development Act of 1992, as amended.
Sec. 107. The Secretary of the Army, acting through the Chief of
Engineers, is authorized and directed to use $750,000 of available
``Construction, General'' funds for engineering and design, and repair
of the Archusa Dam and appurtenant structures located in Quitman,
Mississippi.
Sec. 108. An additional amount of $60,000,000 for Department of
Energy--Energy Programs, ``Energy Supply'', is hereby appropriated to
remain available until September 30, 2000.
Sec. 109. An additional amount of $15,000,000, to remain available
until expended, for Department of Energy--Energy Programs, ``Science'',
is hereby appropriated.
Sec. 110. Lake Powell. No funds appropriated by this Act or any
other Act for fiscal year 1999 shall be used to study or implement any
plan to drain Lake Powell or decommission the Glen Canyon Dam.
Sec. 111. Notwithstanding any other provision of law, for necessary
expenses relating to construction of, and improvements to, surface
transportation projects located in the Commonwealth of Massachusetts,
$100,000,000, to remain available until expended.
Sec. 112. Notwithstanding any other provision of law, for necessary
expenses relating to construction of, and improvements to, Corridor X of
the Appalachian development highway system located in the State of
Alabama, $100,000,000, to remain available until expended.
Sec. 113. Notwithstanding any other provision of law, for necessary
expenses relating to construction of, and improvements to, the
Appalachian development highway system in the State of West Virginia,
$32,000,000, to remain available until expended.
Sec. 114. Notwithstanding any other provision of law, for necessary
expenses relating to construction of, and improvements to,
[[Page 112 STAT. 2681-545]]
highway projects in the corridor designated by section
1105(c)(18)(C)(ii) of the Intermodal Surface Transportation Efficiency
Act of 1991 (105 Stat. 2032-2033), as amended by section 1211(i) of the
Transportation Equity Act for the 21st Century, $100,000,000, to remain
available until expended.
Sec. 115. Notwithstanding any other provision of law, to enable the
Secretary of Transportation to make grants to the Alaska Railroad,
$28,000,000, to remain available until expended, which shall be for
capital improvements benefiting its passenger rail operations.
Sec. 116. Of the unobligated balances authorized in Public Law 102-
240 under 49 U.S.C. 5338(b)(1), $392,000,000 is rescinded.
Sec. 117. Notwithstanding any other provision of law, within the
funding made available in the Department
of Transportation and Related Agencies Appropriations Act, 1999 for
discretionary grants under the obligation limitation for Federal
Aviation Administration, ``Grants-in-Aid for Airports'' in fiscal year
1999, not less than $11,250,000 shall be made available for capital
improvement projects at the Wilkes-Barre/Scranton International Airport.
Sec. 118. Notwithstanding any other provision of law, within the
funding made available in the Department of Transportation and Related
Agencies Appropriations Act, 1999 for discretionary grants under the
obligation limitation for Federal Aviation Administration, ``Grants-in-
Aid for Airports'' in fiscal year 1999, not less than $7,000,000 shall
be made available for capital improvement projects at the Minneapolis-
St. Paul International Airport.
Sec. 119. The Legislative Branch Appropriations Act, 1999, is
amended by amending the item relating to ``JOINT ITEMS--Joint Committee
on Printing'' to read as follows:
``Joint Committee on Printing
``For salaries and expenses of the Joint Committee on Printing,
$202,000, to be disbursed by the Secretary of the Senate, together with
an additional amount of $150,000 if there is enacted into law
legislation which transfers the legislative and oversight
responsibilities of the Joint Committee on Printing to the Committee on
House Oversight of the House of Representatives: Provided, That such
additional amount shall be transferred to the Committee on House
Oversight of the House of Representatives and made available beginning
January 1, 1999: Provided further, That such additional amount shall be
disbursed by the Chief Administrative Officer of the House of
Representatives.''.
Sec. 120. For carrying out the provisions of division C, title II of
this Act, $30,000,000, including $750,000 for the cost of the direct
loan under section 207(a), $20,000,000 for the payments in section
207(d), $250,000 for the cost of direct loans under section 211(e),
$1,000,000 for the cost of a direct loan in the Bering Sea and Aleutian
Islands crab fisheries under the authority of section 312(b) of the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1861a(b)), and $6,000,000 and $2,000,000 for the Secretary of Commerce
and Secretary of Transportation, respectively, to implement division C,
title II.
Sec. 121. In addition to amounts provided in the conference report
accompanying H.R. 4194 (H. Rept. 105-769), the following funds are
hereby appropriated: $10,000,000 for ``Housing opportunities for persons
with AIDS'', to remain available until expended; $45,000,000 to the
Secretary of Housing and Urban Development
[[Page 112 STAT. 2681-546]]
for ``Urban Empowerment Zones'' for grants in connection with a second
round of the empowerment zones program in urban areas, designated by the
Secretary of Housing and Urban Development in fiscal year 1999 pursuant
to the Taxpayer Relief Act of 1997, including $3,000,000 for each
empowerment zone for use in conjunction with economic development
activities consistent with the strategic plan of each empowerment zone,
to remain available until expended; $20,000,000 for ``State and tribal
assistance grants'' for a grant for construction and related activities
for wastewater treatment for Boston, Massachusetts, to remain available
until expended; $10,000,000 for ``National and community service
programs operating expenses'' for grants under the National Service
Trust program authorized under subtitle C of title I of the National and
Community Service Act of 1990 (42 U.S.C. 12571 et seq.) (relating to
activities including the AmeriCorps program), to remain available until
September 30, 2000: Provided, That none of the funds provided herein for
``National and community service programs operating expenses'' may be
used to administer, reimburse, or support any national service program
authorized under section 121(d)(2) of the aforementioned Act;
$10,000,000 for
``Science and technology'', for research associated with the Climate
Change Technology Initiative, to remain available until September 30,
2000: Provided further, That the obligated balance of such $10,000,000
shall remain available through September 30, 2007 for liquidating
obligations made in fiscal years 1999 and 2000; and $15,000,000 for
``Community development financial institutions fund program account'',
to remain available until September 30, 2000.
Of the amount appropriated in H.R. 4194, the Departments of
Veterans Affairs and Housing and Urban Development, and Independent
Agencies Appropriations Act, 1999, under the heading ``Community
development block grants'', $4,750,000 shall be available as a grant to
Cayuga County, New York, to repair and rehabilitate the seawalls at the
Owasco Lake outlet, and $250,000 shall be available as a grant to
Jackson, Michigan, to remove a portion of the Grand River culvert in
Jackson, Michigan.
Sec. 122. Upon enactment of H.R. 4194, the Departments of Veterans
Affairs and Housing and Urban Development, and Independent
Agencies <<NOTE: 12 USC 1454, 4513.>> Appropriations Act, 1999, section
202 of that Act is hereby repealed.
Sec. 123. Section 513(a) of the ``Quality Housing and Work
Responsibility Act of 1998'' <<NOTE: 42 USC 1437n.>> is amended, upon
enactment, by inserting after ``40 percent'' at the end of proposed
section 16(c)(3) of the United States Housing Act of 1937, as set forth
in section 513(a), the following: ``shall be available for leasing only
by families whose incomes at the time of commencement of occupancy do
not exceed 30 percent of the area median income, as determined by the
Secretary with adjustments for smaller and larger families.''.
Sec. 124. Notwithstanding the third undesignated paragraph under the
heading ``Community development block grants'' under title II of the
Departments of Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 1999, of the amount made
available under such heading for the city of Oklahoma City, Oklahoma, up
to 50 percent of such amount shall be available to such city for payment
of claims for bomb damage and repairs for infrastructure located in the
area described in clause (1) of such undesignated paragraph. Any amounts
available for use under such undesignated paragraph that are not
[[Page 112 STAT. 2681-547]]
expended to pay such claims or for such repairs shall be utilized for
the revolving loan pool described in such undesignated paragraph.
Sec. 125. Of the amounts earmarked in the Joint Explanatory
Statement of the Committee of Conference accompanying H.R. 4194 for
grants targeted for economic investments, $2,000,000 made available to
the Hawaii Housing Authority for work associated with the construction
of the Community Resource Center at Kuhio Homes/Kuhio Park Terrace in
Honolulu, Hawaii shall instead be made available to the Housing and
Community Development Corporation of Hawaii for the same purpose.
Sec. 126. If the President makes the appointment to the position of
Under Secretary for Health of the Department of Veterans Affairs
authorized by section 907 of the Veterans Programs Enhancement Act of
1998, the individual appointed shall receive the pay and allowances
authorized for that position as if the appointment had been made on
September 29, 1998, except that the amount of such pay and allowances
that is attributable to the period beginning on September 29, 1998, and
ending on the day before the date of that appointment shall be reduced
by any amount paid that individual by the United States for personal
services performed during that period.
<<NOTE: Trade Deficit Review Commission Act. 19 USC 2213
note.>> Sec. 127. Trade Deficit Review Commission. (a) Short Title.--
This section may be cited as the ``Trade Deficit Review Commission
Act''.
(b) Findings.--Congress makes the following findings:
(1) The United States continues to run substantial
merchandise trade and current account deficits.
(2) Economic forecasts anticipate continued growth in such
deficits in the next few years.
(3) The positive net international asset position that the
United States built up over many years was eliminated in the
1980s. The United States today has become the world's largest
debtor nation.
(4) The United States merchandise trade deficit is
characterized by large bilateral trade imbalances with a handful
of countries.
(5) The United States has one of the most open borders and
economies in the world. The United States faces significant
tariff and nontariff trade barriers with its trading partners.
The United States does not benefit from fully reciprocal market
access.
(6) The United States is once again at a critical juncture
in trade policy development. The nature of the United States
trade deficit and its causes and consequences must be analyzed
and documented.
(c) Establishment of Commission.--
(1) Establishment.--There is established a commission to be
known as the Trade Deficit Review Commission (hereafter in this
section referred to as the ``Commission'').
(2) Purpose.--The purpose of the Commission is to study the
nature, causes, and consequences of the United States
merchandise trade and current account deficits.
(3) Membership of commission.--
(A) Composition.--The Commission shall be composed
of 12 members as follows:
[[Page 112 STAT. 2681-548]]
(i) Three persons shall be appointed by the
President pro tempore of the Senate upon the
recommendation of the Majority Leader of the
Senate, after consultation with the Chairman of
the Committee on Finance.
(ii) Three persons shall be appointed by the
President pro tempore of the Senate upon the
recommendation of the Minority Leader of the
Senate, after consultation with the ranking
minority member of the Committee on Finance.
(iii) Three persons shall be appointed by the
Speaker of the House of Representatives, after
consultation with the Chairman of the Committee on
Ways and Means.
(iv) Three persons shall be appointed by the
Minority Leader of the House of Representatives,
after consultation with the ranking minority
member of the Committee on Ways and Mean.
(B) Qualifications of members.--
(i) Appointments.--Persons who are appointed
under subparagraph (A) shall be persons who--
(I) have expertise in economics,
international trade, manufacturing,
labor, environment, business, or have
other pertinent qualifications or
experience; and
(II) are not officers or employees
of the United States.
(ii) Other considerations.--In appointing
Commission members, every effort shall be made to
ensure that the members--
(I) are representative of a broad
cross-section of economic and trade
perspectives within the United States;
and
(II) provide fresh insights to
analyzing the causes and consequences of
United States merchandise trade and
current account deficits.
(4) Period of appointment; vacancies.--
(A) In general.--Members shall be appointed not
later than 60 days after the date of enactment of this
Act and the appointment shall be for the life of the
Commission.
(B) Vacancies.--Any vacancy in the Commission shall
not affect its powers, but shall be filled in the same
manner as the original appointment.
(5) Initial meeting.--Not later than 30 days after the date
on which all members of the Commission have been appointed, the
Commission shall hold its first meeting.
(6) Meetings.--The Commission shall meet at the call of the
Chairperson.
(7) Chairperson and vice chairperson.--The members of the
Commission shall elect a chairperson and vice chairperson from
among the members of the Commission.
(8) Quorum.--A majority of the members of the Commission
shall constitute a quorum for the transaction of business.
(9) Voting.--Each member of the Commission shall be entitled
to 1 vote, which shall be equal to the vote of every other
member of the Commission.
(d) Duties of the Commission.--
[[Page 112 STAT. 2681-549]]
(1) In general.--The Commission shall be responsible for
examining the nature, causes, and consequences of, and the
accuracy of available data on, the United States merchandise
trade and current account deficits.
(2) Issues to be addressed.--The Commission shall examine
and report to the President, the Committee on Ways and Means of
the House of Representatives, the Committee on Finance of the
Senate, and other appropriate committees of Congress on the
following:
(A) The relationship of the merchandise trade and
current account balances to the overall well-being of
the United States economy, and to wages and employment
in various sectors of the United States economy.
(B) The impact that United States monetary and
fiscal policies may have on United States merchandise
trade and current account deficits.
(C) The extent to which the coordination,
allocation, and accountability of trade responsibilities
among Federal agencies may contribute to the trade and
current account deficits.
(D) The causes and consequences of the merchandise
trade and current account deficits and specific
bilateral trade deficits, including--
(i) identification and quantification of--
(I) the macroeconomic factors and
bilateral trade barriers that may
contribute to the United States
merchandise trade and current account
deficits;
(II) any impact of the merchandise
trade and current account deficits on
the domestic economy, industrial base,
manufacturing capacity, technology,
number and quality of jobs,
productivity, wages, and the United
States standard of living;
(III) any impact of the merchandise
trade and current account deficits on
the defense production and innovation
capabilities of the United States; and
(IV) trade deficits within
individual industrial, manufacturing,
and production sectors, and any
relationship between such deficits and
the increasing volume of intra-industry
and intra-company transactions;
(ii) a review of the adequacy and accuracy of
the current collection and reporting of import and
export data, and the identification and
development of additional data bases and economic
measurements that may be needed to properly
quantify the merchandise trade and current account
balances, and any impact the merchandise trade and
current account balances may have on the United
States economy; and
(iii) the extent to which there is reciprocal
market access substantially equivalent to that
afforded by the United States in each country with
which the United States has a persistent and
substantial bilateral trade deficit, and the
extent to which such deficits have become
structural.
[[Page 112 STAT. 2681-550]]
(E) Any relationship of United States merchandise
trade and current account deficits to both comparative
and competitive trade advantages within the global
economy, including--
(i) a systematic analysis of the United States
trade patterns with different trading partners and
to what extent the trade patterns are based on
comparative and competitive trade advantages;
(ii) the extent to which the increased
mobility of capital and technology has changed
both comparative and competitive trade advantages;
(iii) any impact that labor, environmental, or
health and safety standards may have on
comparative and competitive trade advantages;
(iv) the effect that offset and technology
transfer agreements have on the long-term
competitiveness of the United States manufacturing
sectors; and
(v) any effect that international trade,
labor, environmental, or other agreements may have
on United States competitiveness.
(F) The extent to which differences in the growth
rates of the United States and its trading partners may
impact on United States merchandise trade and current
account deficits.
(G) The impact that currency exchange rate
fluctuations and any manipulation of exchange rates may
have on United States merchandise trade and current
account deficits.
(H) The flow of investments both into and out of the
United States, including--
(i) any consequences for the United States
economy of the current status of the United States
as a debtor nation;
(ii) any relationship between such investment
flows and the United States merchandise trade and
current account deficits and living standards of
United States workers;
(iii) any impact such investment flows may
have on United States labor, community,
environmental, and health and safety standards,
and how such investment flows influence the
location of manufacturing facilities; and
(iv) the effect of barriers to United States
foreign direct investment in developed and
developing nations, particularly nations with
which the United States has a merchandise trade
and current account deficit.
(e) Final Report.--
(1) In general.--Not later than 12 months after the date of
the initial meeting of the Commission, the Commission shall
submit to the President and Congress a final report which
contains--
(A) the findings and conclusions of the Commission
described in subsection (d); and
(B) recommendations for addressing the problems
identified as part of the Commission's analysis.
[[Page 112 STAT. 2681-551]]
(2) Separate views.--Any member of the Commission may submit
additional findings and recommendations as part of the final
report.
(f) Powers of Commission.--
(1) Hearings.--The Commission may hold such hearings, sit
and act at such times and places, take such testimony, and
receive such evidence as the Commission may find advisable to
fulfill the requirements of this section. The Commission shall
hold at least 1 or more hearings in Washington, D.C., and 4 in
different regions of the United States.
(2) Information from federal agencies.--The Commission may
secure directly from any Federal department or agency such
information as the Commission considers necessary to carry out
the provisions of this section. Upon request of the Chairperson
of the Commission, the head of such department or agency shall
furnish such information to the Commission.
(3) Postal services.--The Commission may use the United
States mails in the same manner and under the same conditions as
other departments and agencies of the Federal Government.
(g) Commission Personnel Matters.--
(1) Compensation of members.--Each member of the Commission
shall be compensated at a rate equal to the daily equivalent of
the annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code, for each day (including travel time) during which such
member is engaged in the performance of the duties of the
Commission.
(2) Travel expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies under
subchapter I of chapter 57 of title 5, United States Code, while
away from their homes or regular places of business in the
performance of services for the Commission.
(3) Staff.--
(A) In general.--The Chairperson of the Commission
may, without regard to the civil service laws and
regulations, appoint and terminate an executive director
and such other additional personnel as may be necessary
to enable the Commission to perform its duties. The
employment of an executive director shall be subject to
confirmation by the Commission.
(B) Compensation.--The Chairperson of the Commission
may fix the compensation of the executive director and
other personnel without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of title 5,
United States Code, relating to classification of
positions and General Schedule pay rates, except that
the rate of pay for the executive director and other
personnel may not exceed the rate payable for level V of
the Executive Schedule under section 5316 of such title.
(4) Detail of government employees.--Any Federal Government
employee may be detailed to the Commission without
reimbursement, and such detail shall be without interruption or
loss of civil service status or privilege.
(5) Procurement of temporary and intermittent services.--The
Chairperson of the Commission may procure temporary and
intermittent services under section 3109(b) of title
[[Page 112 STAT. 2681-552]]
5, United States Code, at rates for individuals which do not
exceed the daily equivalent of the annual rate of basic pay
prescribed for level V of the Executive Schedule under section
5316 of such title.
(h) Support Services.--The Administrator of the General Services
Administration shall provide to the Commission on a reimbursable basis
such administrative support services as the Commission may request.
(i) Appropriations.--There are appropriated $2,000,000 to the
Commission to carry out the provisions of this section.
Sec. 128. None of the funds provided or otherwise made available in
this Division of this Act shall remain available for obligation beyond
the current fiscal year unless expressly so provided herein.
Sec. 130. Notwithstanding section 11031 of the National Capital
Revitalization and Self-Government Improvement Act of 1997 or any other
provision of law and not later than September 30, 1999, the Secretary of
the Treasury shall invest, or direct the Trustee to invest, the assets
of the Trust Fund in public debt securities with maturities suitable to
the needs of the Trust Fund, as determined by the Secretary, and bearing
interest at rates determined by the Secretary, taking into consideration
current market yields on outstanding marketable obligations of the
United States of comparable maturities.
Sec. 131. To capitalize the District of Columbia National Capital
Revitalization Corporation, as authorized by the District Council,
$25,000,000 to remain available until expended for economic development
planning, project development, capital investments, loans, grants,
administrative expenses and other purposes included in the District
Council's authorizing legislation: Provided, That no funds shall be
available unless the Secretary of the Treasury, in consultation with the
Director of the Office of Management and Budget, determines that the
Corporation advances the purposes of the National Capital Revitalization
and Self-Government Improvement Act of 1997: Provided further, That the
Secretary, after apportionment pursuant to 31 U.S.C. 1512, may provide
for the disbursement of funds in the manner provided for Federal grant
programs.
Sec. 132. For a Federal payment to the District of Columbia Public
Schools, $30,000,000, for special education costs.
Sec. 133. For payment to the District of Columbia, $20,000,000 which
shall be deposited into an escrow account of the District of Columbia
Financial Responsibility and Management Assistance Authority, and shall
be disbursed from such escrow account by the Authority for Year 2000
information technology and related chip replacement projects approved by
the Authority: Provided, That, for purposes of any appropriations made
by this or any other Act, for emergency expenses related to Year 2000
conversion of Federal information technology systems, and related
expenses, the Government of the District of Columbia shall be considered
an agency of the United States Government: Provided further, That, any
funds provided pursuant to the preceding proviso shall be in addition to
funds appropriated directly under this paragraph.
Sec. 134. For a Federal contribution to the District of Columbia for
the costs of infrastructure needs, which shall be deposited into an
escrow account of the District of Columbia Financial Responsibility and
Management Assistance Authority and disbursed by the Authority from such
account for the repair and maintenance of
[[Page 112 STAT. 2681-553]]
roads, highways, bridges and transit in the District of Columbia and
other economic development projects and planning in the District of
Columbia, $50,000,000, to remain available until expended.
DIVISION B--EMERGENCY SUPPLEMENTAL APPROPRIATIONS
TITLE I--MILITARY READINESS AND OVERSEAS CONTINGENCY OPERATIONS
CHAPTER 1
DEPARTMENT OF DEFENSE--MILITARY
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$10,000,000: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That the entire amount shall be available
only to the extent that an official budget request for $10,000,000, that
includes designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$33,300,000: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That the entire amount shall be available
only to the extent that an official budget request for $33,300,000, that
includes designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine Corps'',
$8,900,000: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That the entire amount shall be available
only to the extent that an official budget request for $8,900,000, that
includes designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress.
[[Page 112 STAT. 2681-554]]
Reserve Personnel, Navy
For an additional amount for ``Reserve Personnel, Navy'',
$10,000,000: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That the entire amount shall be available
only to the extent that an official budget request for $10,000,000, that
includes designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$314,500,000: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That the entire amount shall be available
only to the extent that an official budget request for $314,500,000,
that includes designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the President
to the Congress.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance, Navy'',
$232,600,000: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That the entire amount shall be available
only to the extent that an official budget request for $232,600,000,
that includes designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the President
to the Congress.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $52,400,000: Provided, That the entire amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended: Provided further, That the entire amount shall be
available only to the extent that an official budget request for
$52,400,000, that includes designation of the entire amount of the
request as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is transmitted by
the President to the Congress.
[[Page 112 STAT. 2681-555]]
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $303,000,000: Provided, That the entire amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended: Provided further, That the entire amount shall be
available only to the extent that an official budget request for
$303,000,000, that includes designation of the entire amount of the
request as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is transmitted by
the President to the Congress.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $1,496,600,000, to remain available for obligation until
expended: Provided, That the Secretary of Defense may transfer these
funds to appropriations accounts for operation and maintenance;
procurement; and research, development, test and evaluation: Provided
further, That the funds transferred shall be merged with and be
available for the same purposes and for the
same time period as the appropriation to which transferred: Provided
further, That the transfer authority provided under this heading is in
addition to any other transfer authority available to the Department of
Defense: Provided further, That the entire amount made available under
this heading is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That the
entire amount shall be available only to the extent that an official
budget request for a specific dollar amount, that includes designation
of the entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the Congress.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance, Army
Reserve'', $3,000,000: Provided, That the entire amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended: Provided further, That the entire amount shall be
available only to the extent that an official budget request for
$3,000,000, that includes designation of the entire amount of the
request as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is transmitted by
the President to the Congress.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance, Marine
Corps Reserve'', $3,300,000: Provided, That the entire amount is
designated by the Congress as an emergency requirement
[[Page 112 STAT. 2681-556]]
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That the
entire amount shall be available only to the extent that an official
budget request for $3,300,000, that includes designation of the entire
amount of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress.
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance, Air Force
Reserve'', $9,000,000: Provided, That the entire amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended: Provided further, That the entire amount shall be
available only to the extent that an official
budget request for $9,000,000, that includes designation of the entire
amount of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance, Army
National Guard'', $50,000,000: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the entire
amount shall be available only to the extent that an official budget
request for $50,000,000, that includes designation of the entire amount
of the request as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance, Air
National Guard'', $21,000,000: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the entire
amount shall be available only to the extent that an official budget
request for $21,000,000, that includes designation of the entire amount
of the request as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
Overseas Contingency Operations Transfer Fund
For an additional amount for ``Overseas Contingency Operations
Transfer Fund'', $1,858,600,000, to remain available for obligation
until expended: Provided, That of the amounts provided under
[[Page 112 STAT. 2681-557]]
this heading, the following amounts shall be transferred to the
specified accounts:
``Military Personnel, Army'', $310,600,000;
``Military Personnel, Navy'', $9,275,000;
``Military Personnel, Marine Corps'', $2,748,000;
``Military Personnel, Air Force'', $17,000,000; and
``Reserve Personnel, Navy'', $2,295,000:
Provided further, That of the remaining funds made available under this
heading, the Secretary of Defense may transfer these funds only to
operation and maintenance accounts, procurement accounts, the defense
health program appropriation, and working capital funds accounts:
Provided further, That the funds transferred shall be merged with and
shall be available for the same purposes and for the same time period,
as the appropriation to which transferred: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority available to the Department of Defense:
Provided further, That the entire amount made available under this
heading is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
Morale, Welfare and Recreation and Personnel Support for Contingency
Deployments
In addition to amounts appropriated or otherwise made available in
the Department of Defense Appropriations Act, 1999, $50,000,000, to
remain available for obligation until expended, is hereby made available
only for expenses, not otherwise provided for, to provide necessary
morale, welfare and recreation support, family support, and to sustain
necessary retention and re-enlistment of military personnel in critical
military occupational specialties, resulting from the deployment of
military personnel to Bosnia and Southwest Asia: Provided, That the
Secretary of Defense may transfer these funds only to operation and
maintenance accounts of the military services: Provided further, That
the funds transferred shall be available only for the purposes described
under this heading: Provided further, That the transfer authority
provided under this heading is in addition to any other transfer
authority available to the Department of Defense: Provided further, That
the entire amount made available under this heading is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That the entire amount shall be available
only to the extent that an official budget request for $50,000,000, that
includes designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$200,000,000: Provided, That these funds shall be for Operation
[[Page 112 STAT. 2681-558]]
and maintenance, of which not to exceed two per centum shall remain
available until September 30, 2000: Provided further, That the entire
amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That the
entire amount shall be available only to the extent that an official
budget request for $200,000,000, that includes designation of the entire
amount of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress.
Drug Interdiction and Counter-Drug Activities, Defense
For an additional amount for ``Drug Interdiction and Counter-Drug
Activities, Defense'', $42,000,000: Provided, That funds appropriated
under this heading may be transferred to appropriations available to the
Department of Defense for military personnel of the reserve components
serving under the provisions of title 10 and title 32, United States
Code; for Operation and maintenance; for Procurement; and for Research,
development, test and evaluation: Provided further, That funds
appropriated under this heading shall be available for obligation for
the same time period and for the same purposes as the appropriation to
which transferred: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority available to the Department of Defense:
Provided further, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That the entire amount shall be available only to the
extent that an official budget request for $42,000,000, that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress.
GENERAL PROVISIONS, THIS CHAPTER
Sec. 101. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for intelligence activities are deemed to
be specifically authorized by the Congress for purposes of section 504
of the National Security Act of 1947 (50 U.S.C. 414).
Sec. 102. In addition to the amounts appropriated or otherwise made
available in the Department of Defense Appropriations Act, 1999,
$1,000,000,000, to remain available for obligation until expended, is
hereby appropriated under the heading ``Research, Development, Test and
Evaluation, Defense-Wide'': Provided, That these funds shall be made
available only for the enhanced testing, accelerated development,
construction, and integration and infrastructure efforts in support of
ballistic missile defense systems: Provided further, That the entire
amount made available in this section is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further,
[[Page 112 STAT. 2681-559]]
That the entire amount shall be available only to the extent that an
official budget request for a specific dollar amount, that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress.
Sec. 103. In addition to amounts appropriated or otherwise made
available in the Department of Defense Appropriations Act, 1999,
$259,853,000 is hereby appropriated to the Department of Defense, only
for emergency expenses incurred at United States military facilities or
installations in the United States or overseas directly resulting from
storm damage or other natural disasters, as follows:
``Military Personnel, Marine Corps'', $232,000;
``Reserve Personnel, Army'', $343,000;
``Reserve Personnel, Navy'', $100,000;
``Operation and Maintenance, Army'', $139,056,000;
``Operation and Maintenance, Navy'', $57,179,000;
``Operation and Maintenance, Marine Corps'', $8,470,000;
``Operation and Maintenance, Air Force'', $34,254,000;
``Operation and Maintenance, Army Reserve'', $853,000;
``Operation and Maintenance, Navy Reserve'', $5,058,000;
``Operation and Maintenance, Army National Guard'',
$5,750,000;
``Operation and Maintenance, Air National Guard'',
$4,355,000;
``Defense Health Program'', $2,120,000; and
``Navy Working Capital Fund'', $2,083,000:
Provided, That these funds may be used to execute projects or programs
that were deferred in order to carry out emergency repairs resulting
from such storm damage or natural disasters: Provided further, That the
entire amount made available in this section is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That of the amounts provided in this section,
$153,551,000 shall be available only to the extent that an official
budget request for a specific dollar amount, that includes designation
of the entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the Congress:
Provided further, That of the amount referred to in the third proviso in
this section, up to $29,454,000 may be transferred from ``Operation and
Maintenance, Army'', to ``Military Construction, Army''.
Sec. 104. In addition to amounts provided in this Act, $2,000,000 is
hereby appropriated for ``Defense Health Program'', to remain available
for obligation until expended: Provided, That notwithstanding any other
provision of law, these funds shall be available only for a grant to the
Fisher House Foundation, Inc., only for the construction and furnishing
of additional Fisher Houses to meet the needs of military family members
when confronted with the illness or hospitalization of an eligible
military beneficiary.
Sec. 105. Section 8136 of the Department of Defense Appropriations
Act, 1999, is amended by striking
out ``$502,000,000'' and inserting in lieu thereof ``$569,000,000'', and
further amended by striking out ``$176,000,000'' and inserting in lieu
thereof ``$243,000,000''.
[[Page 112 STAT. 2681-560]]
CHAPTER 2
DEPARTMENT OF ENERGY
Atomic Energy Defense Activities
For an additional amount for ``Other Defense Activities'', for
expenditures in the Russian Federation to implement a United States/
Russian accord for the disposition of excess weapons plutonium,
$200,000,000, to remain available until expended: Provided, That none of
the funds may be obligated until the Department of Energy submits to
Congress a detailed budget justification for use of these funds, and the
proposal has been approved by the House and Senate Committees on
Appropriations: Provided further, That the entire amount shall be
available only to the extent an official budget request for a specific
dollar amount that includes designation of the entire amount of the
request as an emergency requirement as defined by the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is transmitted by
the President to the Congress: Provided further, That the entire amount
is designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
For an additional amount to purchase natural uranium associated with
the 1997 and 1998 deliveries under the United States-Russia HEU Purchase
Agreement (hereinafter, ``the Agreement''), $325,000,000, to remain
available until expended, which shall be available only to the extent an
official budget request for a specific dollar amount that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted to the Congress:
Provided, That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended: Provided
further, That such uranium is located in the United States at the time
of purchase, and shall become part of the inventory of the Department of
Energy: Provided further, That such funds shall be available only upon
conclusion of a long-term agreement by the Government of the Russian
Federation and commercial partners for the sale of uranium to be derived
from deliveries scheduled for 1999 and thereafter under the Agreement.
CHAPTER 3
DEPARTMENT OF DEFENSE--MILITARY CONSTRUCTION
Military Construction, Army
For an additional amount for ``Military Construction, Army'' to
replace facilities destroyed by monsoons in the Republic of Korea during
August of 1998, $118,000,000, as authorized by 10 U.S.C. 2854, to remain
available until September 30, 1999: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided
[[Page 112 STAT. 2681-561]]
further, That from amounts made available in this or any other Act for
military construction, the Secretary of the Army may acquire real
property and carry out a military construction project at Camp Casey in
Korea, in the amount of $12,016,000.
Military Construction, Navy
For an additional amount for ``Military Construction, Navy'' to
cover the incremental costs arising from the consequences of Hurricanes
Georges and Bonnie, $5,860,000, as authorized by 10 U.S.C. 2854, to
remain available until September 30, 1999: Provided, That the entire
amount shall be available only to the extent an official budget request
for a specific dollar amount that includes designation of the entire
amount of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress: Provided further, That
the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
Military Construction, Air Force
For an additional amount for ``Military Construction, Air Force'',
$29,200,000, to remain available until September 30, 1999: Provided,
That of this amount, $2,200,000 shall be available to cover the
incremental costs arising from force protection, as authorized by 10
U.S.C. 2803: Provided further, That of this amount $27,000,000 shall be
available to cover the incremental costs arising from the consequences
of Hurricane Georges, as authorized by 10 U.S.C. 2854: Provided further,
That the entire amount shall be available only to the extent an official
budget request for a specific dollar amount that includes designation of
the entire amount of the request as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress: Provided
further, That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
Military Construction, Army National Guard
For an additional amount for ``Military Construction, Army National
Guard'' to cover the incremental costs arising from the consequences of
Hurricane Georges, $2,500,000, as authorized by 10 U.S.C. 2854, to
remain available until September 30, 1999: Provided, That the entire
amount shall be available only to the extent an official budget request
for a specific dollar amount that includes designation of the entire
amount of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control of 1985, as amended, is
transmitted by the President to the Congress: Provided further, That the
entire amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
[[Page 112 STAT. 2681-562]]
Military Construction, Air National Guard
For an additional amount for ``Military Construction, Air National
Guard'' to cover the incremental costs arising from the consequences of
Hurricane Georges, $15,900,000, as authorized by 10 U.S.C. 2854, to
remain available until September 30, 1999: Provided, That the
entire amount shall be available only to the extent an official budget
request for a specific dollar amount that includes designation of the
entire amount of the request as an emergency requirement as defined in
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress: Provided
further, That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
Family Housing, Army
For an additional amount for ``Family Housing, Army'' to cover the
incremental costs arising from the consequences of Hurricane Georges and
for the rehabilitation of family housing, $5,200,000, to remain
available until September 30, 1999: Provided, That notwithstanding any
other provision of law, of this amount $4,000,000 shall be available
only for the rehabilitation of family housing referred to in Section
8142 of the Department of Defense Appropriations Act of 1999: Provided
further, That the entire amount shall be available only to the extent an
official budget request for a specific dollar amount that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
Family Housing, Navy and Marine Corps
For an additional amount for ``Family Housing, Navy and Marine
Corps'' to cover the incremental costs arising from the consequences of
Hurricane Bonnie, $10,599,000, as authorized by 10 U.S.C. 2854, to
remain available until September 30, 1999: Provided, That the entire
amount shall be available only to the extent an official budget request
for a specific dollar amount that includes designation of the entire
amount of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress: Provided further, That
the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
Family Housing, Air Force
For an additional amount for ``Family Housing, Air Force'' to cover
the incremental costs arising from the consequences of Hurricane
Georges, $22,233,000, as authorized by 10 U.S.C. 2854, to remain
available until September 30, 1999: Provided, That the
[[Page 112 STAT. 2681-563]]
entire amount shall be available only to the extent an official budget
request for a specific dollar amount that includes designation of the
entire amount of the request as an emergency requirement as defined in
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress: Provided
further, That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
GENERAL PROVISION, THIS CHAPTER
Section 2304(c)(2) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 <<NOTE: Ante, p. 2192.>> is
amended by striking ``$2,000,000,000'' and inserting ``$2,000,000''.
CHAPTER 4
DEPARTMENT OF TRANSPORTATION
Coast Guard
For an additional amount for necessary expenses for the operation
and maintenance of the Coast Guard, not otherwise provided for,
$100,000,000, of which $28,000,000 is only available for expenses
related to expansion of drug interdiction activities around Puerto Rico,
the United States Virgin Islands, and other transit zone areas of
operation, including costs to operate and maintain PC-170 patrol craft
offered by the Department of Defense: Provided, That the entire amount
is designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the entire
amount shall be available only to the extent that an official budget
request for a specific dollar amount, that includes designation of the
entire amount of the request as an emergency requirement as defined in
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress.
For an additional amount for acquisition, construction, renovation,
and improvement of facilities and equipment, to be available for
expansion of Coast Guard drug interdiction activities, $100,000,000, to
remain available until expended and to be distributed as follows:
Acquisition and construction of Barracuda class coastal
patrol boats, $33,000,000;
Reactivation costs for up to 3 HU-25 aircraft for maritime
patrol, $7,500,000;
Acquisition of installed or deployable electronic sensors
and communication systems for Coast Guard cutters or boats,
$13,000,000;
Operational test and evaluation of the use of force from
aircraft, $2,500,000; and
[[Page 112 STAT. 2681-564]]
Acquisition of installed or deployable electronic sensors
for maritime patrol aircraft and not to exceed $5,800,000 for C-
130 engine upgrade, $44,000,000:
Provided, That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended: Provided
further, That the entire amount shall be available only to the extent
that an official budget request for a specific dollar amount, that
includes designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress.
For an additional amount for operating, maintenance, and training
expenses of the Coast Guard Reserve, including supplies, equipment and
services, $5,000,000: Provided, That none of these funds may be
transferred to Coast Guard ``Operating expenses'' or otherwise made
available to reimburse the Coast Guard for financial support of the
Coast Guard Reserves: Provided further, That the highest priority for
use of these funds shall be for enhancing drug interdiction activities
conducted by the Coast Guard Reserves: Provided further, That the entire
amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That the
entire amount shall be available only to the extent that an official
budget request for a specific dollar amount, that includes designation
of the entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the Congress.
For an additional amount for necessary expenses for applied
scientific research, development, test, and evaluation, maintenance,
rehabilitation, lease and operation of facilities and equipment,
$5,000,000, to remain available until expended: Provided, That the
highest priority for use of these funds shall be the development of new
technologies or operational procedures which enhance drug interdiction
activities of the Coast Guard: Provided further, That the entire amount
is designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the entire
amount shall be available only to the extent that an official budget
request for a specific dollar amount, that includes designation of the
entire amount of the request as an emergency requirement as defined in
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress.
[[Page 112 STAT. 2681-565]]
TITLE II--ANTITERRORISM
CHAPTER 1
DEPARTMENT OF JUSTICE
Federal Bureau of Investigation
For an additional amount for ``Salaries and Expenses'', $21,680,000,
to remain available until expended: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
DEPARTMENT OF STATE
Administration of Foreign Affairs
Notwithstanding section 15 of the State Department Basic Authorities
Act of 1956, an additional amount for ``Diplomatic and Consular
Programs'', $773,700,000, to remain available until expended, of which
$25,700,000 shall be available only to the extent that an official
budget request that includes the designation of the entire amount of the
request as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is transmitted by
the President to the Congress: Provided, That as determined by the
Secretary of State, such funds may be used to procure services and
equipment overseas necessary to improve worldwide security and
reconstitute embassy operations in Kenya and Tanzania on behalf of any
other agency: Provided further, That the entire amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
Notwithstanding section 15 of the State Department Basic Authorities
Act of 1956, an additional amount for ``Salaries and Expenses'',
$12,000,000, to remain available until expended: Provided, That the
entire amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
Notwithstanding section 15 of the State Department Basic Authorities
Act of 1956, an additional amount for ``Office of Inspector General'',
$1,000,000, to remain available until expended: Provided, That the
entire amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
[[Page 112 STAT. 2681-566]]
Notwithstanding section 15 of the State Department Basic Authorities
Act of 1956, an additional amount for ``Security and Maintenance of
United States Missions'', $627,000,000, to remain available until
expended; of which $56,000,000 is for security projects, relocations,
and security equipment on behalf of missions of other U.S. Government
agencies, which amount may be transferred to any appropriation for this
purpose, to be merged with and available for the same time period as the
appropriation to which transferred; and of which $185,000,000 is for
capital improvements or relocation of office and residential facilities
to improve security, which amount shall become available fifteen days
after notice thereof has been transmitted to the Appropriations
Committees of both Houses of Congress: Provided, That the entire amount
is designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Notwithstanding section 15 of the State Department Basic Authorities
Act of 1956, an additional amount for ``Emergencies in the Diplomatic
and Consular Service'', $10,000,000, to remain available until expended:
Provided, That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
CHAPTER 2
DEPARTMENT OF DEFENSE--MILITARY
OPERATION AND MAINTENANCE
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $358,427,000, to remain available for obligation until expended:
Provided, That the Secretary of Defense may transfer these funds to
fiscal year 1999 appropriations for operation and maintenance;
procurement; research, development, test and evaluation; and family
housing: Provided further, That the funds transferred shall be merged
with and be available for the same purposes and for the same time period
as the appropriation to which transferred: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority available to the Department of Defense:
Provided further, That the entire amount made available under this
heading is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That the
entire amount shall be available only to the extent that an official
budget request for $358,427,000, that includes designation of the entire
amount of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control
[[Page 112 STAT. 2681-567]]
Act of 1985, as amended, is transmitted by the President to the
Congress.
GENERAL PROVISIONS, THIS CHAPTER
Sec. 201. Maintenance and Operation of Equipment.--Section 374 of
title 10, United States Code, is amended--
(1) in subsection (b)(1)(A), by striking ``or'';
(2) in subsection (b)(1)(B), by striking the period at the
end, inserting in lieu thereof a semicolon and the following new
subparagraphs:
``(C) a foreign or domestic counter-terrorism
operation; or
``(D) a rendition of a suspected terrorist from a
foreign country to the United States to stand trial.'';
(3) in subsection (b)(2)(F)(i)--
(A) by inserting ``along with any other civilian or
military personnel who are supporting, or conducting, a
joint operation with civilian
law enforcement personnel;'' after ``the transportation of civilian law
enforcement personnel''; and
(B) by striking ``and'';
(4) in subsection (b)(2)(F)(ii)--
(A) by inserting ``and supporting'' after ``the
operation of a base of operations for civilian law
enforcement'';
(B) by striking the period at the end and inserting
in lieu thereof ``; and''; and
(C) by inserting at the end the following new
clause:
``(iii) the transportation of suspected terrorists
from foreign countries to the United States for trial
(so long as the requesting Federal law enforcement
agency provides all security for such transportation and
maintains custody over the suspect through the duration
of the transportation).'';
(5) in subsection (b)(4)(A), by striking ``an'' and
inserting in lieu thereof ``a Federal''; and
(6) in subsection (b)(4)(A), by inserting a new clause ``(v)
Any law, foreign or domestic, prohibiting terrorist
activities.'' after ``(iv) The Maritime Drug Law Enforcement Act
(46 U.S.C. App. 1901 et seq.).''.
Sec. 202. In addition to amounts appropriated or otherwise made
available in the Department of Defense Appropriations Act, 1999,
$50,000,000 is hereby appropriated, only to initiate and expand
activities of the Department of Defense to prevent, prepare for, and
respond to a terrorist attack in the United States involving weapons of
mass destruction: Provided, That $35,000,000 of the funds made available
in this section shall be transferred to the following accounts in the
specified amounts:
``National Guard Personnel, Army'', $4,000,000;
``National Guard Personnel, Air Force'', $1,000,000;
``Operation and Maintenance, Army'', $2,000,000;
``Operation and Maintenance, Army National Guard'',
$20,000,000; and
``Procurement, Defense-Wide'', $8,000,000:
[[Page 112 STAT. 2681-568]]
Provided further, That of the funds made available in this section,
$15,000,000 shall be transferred to ``Research, Development, Test and
Evaluation, Army'', only to develop and support a long term, sustainable
Weapons of Mass Destruction emergency preparedness training program:
Provided further, That funds transferred pursuant to this section shall
be merged with and be available for the same purposes and for the same
time period as the appropriation to which transferred: Provided further,
That the transfer authority provided in this section is in addition to
any other transfer authority available to the Department of Defense:
Provided further, That the entire amount provided in this section is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the entire
amount shall be available only to the extent that an official budget
request for $50,000,000, that includes designation of the entire amount
of the request as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
Sec. 203. In addition to amounts appropriated or otherwise made
available in the Department of Defense Appropriations Act, 1999,
$120,500,000, to remain available for obligation until expended, is
appropriated to the proper accounts within the Department of the Air
Force: Provided, That the additional amount shall be made available only
for the provision of crisis response aviation support for critical
national security, law enforcement and
emergency response agencies: Provided further, That the entire amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the entire
amount shall be available only to the extent that an official budget
request for $120,500,000, that includes designation of the entire amount
of the request as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress: Provided further, That the
President of the United States shall submit to the Congress by March 15,
1999, an interagency agreement for the utilization of Department of
Defense assets to support the crisis response requirements of the
Federal Bureau of Investigation and the Federal Emergency Management
Agency.
CHAPTER 3
FUNDS APPROPRIATED TO THE PRESIDENT
International Security Assistance
Notwithstanding section 10 of Public Law 91-672, for an additional
amount for ``Economic Support Fund'' for assistance for Kenya and
Tanzania, $50,000,000, to remain available until September 30, 2000:
Provided, That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended: Provided
further, That funds appropriated
[[Page 112 STAT. 2681-569]]
under this paragraph may be made available for administrative costs
associated with assistance provided under this paragraph: Provided
further, That $2,500,000 shall be transferred to and merged with
``Operating Expenses of the Agency for International Development'' for
security and related expenses: Provided further, That $1,269,000 shall
be transferred to and merged with ``Peace Corps'' for security and
related expenses: Provided further, That the transfers authorized in the
preceding provisos shall be in addition to sums otherwise available for
such purposes: Provided further, That funds appropriated under this
paragraph shall only be available through the regular notification
procedures of the Committees on Appropriations.
Nonproliferation, Anti-Terrorism, Demining and Related Programs
Notwithstanding section 15 of the State Department Basic Authorities
Act of 1956 and section 10 of Public Law 91-672, for an additional
amount for ``Nonproliferation, Anti-Terrorism, Demining and Related
Programs'' for anti-terrorism assistance, $20,000,000, to remain
available until September 30, 2000: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
CHAPTER 4
DEPARTMENT OF THE INTERIOR
National Park Service
For an additional amount for ``Operation of the National Park
System'' for emergency security related expenses, $2,320,000, to remain
available until expended: Provided, That the entire amount is designated
by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
For an additional amount for ``Construction'' for emergency security
related expenses, $3,680,000, to remain available until expended:
Provided, That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
CHAPTER 5
ARCHITECT OF THE CAPITOL
Capitol Visitor Center
For necessary expenses for the planning, engineering, design, and
construction, as each such milestone is approved by the Committee on
Rules and Administration of the Senate, the
[[Page 112 STAT. 2681-570]]
Committee on House Oversight of the House of Representatives, the
Committees on Appropriations of the House of Representatives and of the
Senate, and other appropriate committees of the House of Representatives
and of the Senate, of a new facility to provide greater security for all
persons working in or visiting the United States Capitol and to enhance
the educational experience of those who have come to learn about the
Capitol building and Congress, $100,000,000, to be supplemented by
private funds, which shall remain available until expended: Provided,
That Section 3709 of the Revised Statutes of the United States (41
U.S.C. 5) shall not apply to the funds made available under this
heading: Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
CAPITOL POLICE BOARD
Security Enhancements
For the Capitol Police Board for security enhancements to the
Capitol complex, including the buildings and grounds of the Library of
Congress, $106,782,000, to remain available until expended: Provided,
That such security enhancements shall be carried out in accordance with
a plan or plans approved by the Committee on House Oversight of the
House of Representatives, the Committee on Rules and Administration of
the Senate, the Committee on Appropriations of the House of
Representatives, and the Committee <<NOTE: Government organization.>> on
Appropriations of the Senate: Provided further, That the Capitol Police
Board shall transfer to the Architect of the Capitol such portion of the
funds made available under this heading as the Architect may require for
expenses necessary to provide support for the security enhancements,
subject to the approval of the Committee on Appropriations of the House
of Representatives and the Committee on Appropriations of the
Senate: <<NOTE: Government organization.>> Provided further, That the
Capitol Police Board shall transfer to the Librarian of Congress such
portion of the funds made available under this heading as the Librarian
may require for expenses necessary to provide support for the security
enhancements, subject to the approval of the Committee on Appropriations
of the House of Representatives and the Committee on Appropriations of
the Senate: Provided further, That the entire amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
GENERAL PROVISION, THIS CHAPTER
The responsibility for design, installation, and <<NOTE: 2 USC
141a.>> maintenance of security systems to protect the physical security
of the buildings and grounds of the Library of Congress is transferred
from the Architect of the Capitol to the Capitol Police Board. Such
design, installation, and maintenance shall be carried out under the
direction of the Committee on House Oversight of the House of
Representatives and the Committee on Rules and Administration of the
Senate, and without regard to section 3709 of the Revised Statutes of
the United States (41 U.S.C. 5). Any alteration to a structural,
mechanical, or architectural feature of the buildings
[[Page 112 STAT. 2681-571]]
and grounds of the Library of Congress that is required for a security
system under the preceding sentence may be carried out only with the
approval of the Architect of the Capitol.
CHAPTER 6
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
For an additional amount for ``Facilities and Equipment'',
$100,000,000, for necessary expenses for acquisition, installation and
related activities supporting the deployment of bulk and trace
explosives detection systems and other advanced security equipment at
airports in the United States, to remain available until September 30,
2001: Provided, That the entire amount shall be available only to the
extent an official budget request for a specific dollar amount that
includes designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That the entire amount is designated as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
CHAPTER 7
DEPARTMENT OF THE TREASURY
Federal Law Enforcement Training Center
For an additional amount for ``Salaries and Expenses'', $3,548,000,
to remain available until expended: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
United States Secret Service
For an additional amount for ``Salaries and Expenses'', $80,808,000,
to remain available until expended: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
[[Page 112 STAT. 2681-572]]
TITLE III--YEAR 2000 CONVERSION OF FEDERAL INFORMATION TECHNOLOGY
SYSTEMS
FISCAL YEAR 1999 EMERGENCY SUPPLEMENTAL APPROPRIATIONS
FUNDS APPROPRIATED TO THE PRESIDENT
For an additional amount for emergency expenses related to Year 2000
conversion of Federal information technology systems, and related
expenses, $2,250,000,000, to remain available until September 30, 2001,
of which $5,500,000 shall be transferred to the Legislative Branch for
``SENATE'', ``Contingent Expenses of the Senate'', ``Sergeant at Arms
and Doorkeeper of the Senate'' for salaries and expenses related to Year
2000 conversion of Senate information technology systems: Provided, That
the funds may be obligated with the prior approval of the Senate
Committee on Appropriations; and of which, $6,373,000 shall be
transferred to the Legislative Branch for ``HOUSE OF REPRESENTATIVES'',
``Salaries and Expenses'', ``Salaries, Officers and Employees'' for
salaries and expenses related to Year 2000 conversion of House of
Representatives information technology systems; and of which $5,000,000
shall be transferred to the Legislative Branch for ``GENERAL ACCOUNTING
OFFICE'', ``Information Technology Systems and Related Expenses'' for
expenses related to Year 2000 conversion of information technology
systems and related expenses of all entities in the Legislative Branch
other than the ``Senate'' and ``House of Representatives'' covered by
the Legislative Branch Appropriations Act, 1998 (Public Law 105-55),
which the Comptroller General shall transfer to the affected entities in
the Legislative Branch, upon the approval of the House and Senate
Committees on Appropriations; and of which $13,044,000 shall be
transferred to the Judiciary to the Judiciary Information Technology
Fund for expenses related to Year 2000 conversion of Judicial Branch
information technology and security systems: Provided further, That the
remaining funds made available shall be transferred, as necessary, by
the Director of the Office of Management and Budget to all affected
Federal Departments and Agencies, except the Department of Defense, for
expenses necessary to ensure the information technology that is used or
acquired by the Federal government meets the definition of Year 2000
compliant under Federal Acquisition Regulations (concerning accurate
processing of date/time data, including calculating, comparing, and
sequencing from, into, and between the twentieth and twenty-first
centuries, and the years 1999 and 2000 and leap year calculations) and
to meet other criteria for Year 2000 compliance as the head of each
Department or Agency considers appropriate: Provided further, That none
of the funds provided under this heading, except those transferred to
the Legislative Branch and the Judiciary, may be transferred to any
Department or Agency until fifteen days after the Director of the Office
of Management and Budget has submitted to the House and Senate
Committees on Appropriations, the Senate Special Committee on the Year
2000 Technology Problem, the House Committee on Science, and the House
Committee on Government
[[Page 112 STAT. 2681-573]]
Reform and Oversight, a proposed allocation and plan for that Department
or Agency to achieve Year 2000 compliance for technology information
systems: Provided further, That the transfer authority provided in this
paragraph is in addition to any other transfer authority contained
elsewhere in this or any other Act: Provided further, That funds
provided under this heading shall be in addition to funds available in
this or any other Act for Year 2000 compliance by any Federal Department
or Agency: Provided further, That the entire amount, except those
amounts transferred to the Legislative Branch and the Judiciary, shall
be available only to the extent that an official budget request that
includes designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the President
to the Congress: Provided further, That the entire amount is designated
by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
DEPARTMENT OF DEFENSE--MILITARY
OPERATION AND MAINTENANCE
Information Technology Systems and Security Transfer Account
For emergency expenses relating to Year 2000 conversion of
information technology and national security systems, for information
technology, and infrastructure protection to include computer security/
information assurance programs, and for related expenses,
$1,100,000,000, to remain available until September 30, 2001: Provided,
That the funds made available shall be transferred, as necessary, by the
Secretary of Defense to any account in any previously enacted Department
of Defense Appropriations Act for expenses necessary to ensure the
information technology that is used or acquired by the Federal
government meets the definition of Year 2000 compliant under Federal
Acquisition Regulations (concerning accurate processing of date/time
data, including calculating, comparing, and sequencing from, into, and
between the twentieth and twenty-first centuries, and the years 1999 and
2000 and leap year calculations) and to meet other criteria for Year
2000 compliance as the Secretary considers appropriate: Provided
further, That none of the funds provided under this heading may be
transferred to any other account until fifteen days after the Secretary
of Defense has submitted to the House and Senate Committees on
Appropriations, the Senate Special Committee on the Year 2000 Technology
Problem, the House Committee on Science, and the House Committee on
Government Reform and Oversight, a proposed allocation and plan for the
Department of Defense to achieve Year 2000 compliance for technology
information systems: Provided further, That the funds transferred shall
be merged with and shall be available for the same purposes and for the
same time period as the appropriation to which transferred: Provided
further, That the transfer authority provided under this heading is in
addition to any other transfer authority available to the Department of
Defense: Provided further, That funds provided under this heading
[[Page 112 STAT. 2681-574]]
shall be in addition to funds available in this or any other Act making
appropriations for the Department of Defense for Year 2000 compliance
and related activities: Provided further, That the entire amount made
available under this heading is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended: Provided
further, That the entire amount made available under this heading shall
be available only to the extent that an official budget request for a
specific dollar amount, that includes designation of the entire amount
of the request as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
TITLE IV--OTHER EMERGENCIES
CHAPTER 1
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
In addition to the amounts appropriated or otherwise made available
for this purpose, $5,000,000 is appropriated to the Department of
Commerce to remain available until expended to provide emergency
disaster assistance to persons or entities in the Northeast multispecies
fishery who have incurred losses from a commercial fishery failure under
section 308(b) of the Interjurisdictional Fisheries Act of 1986, as
amended: Provided, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That the entire amount shall be available only to the
extent an official budget request, for a specific dollar amount, that
includes designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted to the Congress.
RELATED AGENCY
Small Business Administration
For an additional amount for the cost of direct loans, $71,000,000,
to remain available until expended to subsidize additional gross
obligations for the principal amount of direct loans: Provided, That
such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974; and for
administrative expenses to carry out the disaster loan program, an
additional $30,000,000 to remain available until expended, which may be
transferred to and merged with appropriations for ``Salaries and
Expenses'': Provided further, That the entire amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced
[[Page 112 STAT. 2681-575]]
Budget and Emergency Deficit Control Act of 1985, as amended: Provided
further, That the entire amount shall be available only to the extent
that an official budget request, that includes designation of the entire
amount of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress.
CHAPTER 2
DEPARTMENT OF DEFENSE--CIVIL-
Department of the Army
Corps of Engineers--Civil
For an additional amount for emergency repairs and dredging due to
flooding, $2,500,000, to remain available until expended, which shall be
available only to the extent an official budget request for a specific
dollar amount that includes designation of the entire amount of the
request as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is transmitted by
the President to the Congress: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
For an additional amount for emergency repairs and dredging due to
flooding, $99,700,000, to remain available until expended, of which such
amounts for eligible navigation projects which may be derived from the
Harbor Maintenance Trust Fund pursuant to Public Law 99-662, shall be
derived from that Fund: Provided, That the entire
amount shall be available only to the extent an official budget request
for a specific dollar amount that includes designation of the entire
amount of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress: Provided further, That
the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
CHAPTER 3
FUNDS APPROPRIATED TO THE PRESIDENT
Notwithstanding section 10 of Public Law 91-672, for an additional
amount for ``Child Survival and Disease Programs Fund'',
[[Page 112 STAT. 2681-576]]
$50,000,000, to remain available until expended: Provided, That the
entire amount shall be available only to the extent that an official
budget request for a specific dollar amount that includes designation of
the entire amount of the request as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress: Provided
further, That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
Other Bilateral Economic Assistance
Notwithstanding section 10 of Public Law 91-672, for an additional
amount for ``Assistance for the New Independent States of the former
Soviet Union,'' $46,000,000, to remain available until September 30,
2000: Provided, That the entire amount shall be available only to the
extent that an official budget request for a specific dollar amount that
includes designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
UNANTICIPATED NEEDS
For an additional amount for ``Unanticipated Needs'', $30,000,000,
to remain available until expended, only for a grant to the American Red
Cross for reimbursement of disaster relief, recovery expenditures, and
emergency services: Provided, That the entire amount shall be available
only to the extent that an official budget request for a specific dollar
amount that includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the President
to the Congress: Provided further, That the entire amount is designated
by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the balanced Budget and Emergency Deficit Control Act of
1985, as amended.
CHAPTER 4
DEPARTMENT OF THE INTERIOR
United States Fish and Wildlife Service
For an additional amount for ``Construction'', $25,000,000, to
remain available until expended, to repair damage due to hurricanes,
floods and other acts of nature: Provided, That the entire amount is
designated by the Congress as an emergency requirement
[[Page 112 STAT. 2681-577]]
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That the
amount provided shall be available only to the extent that an official
budget request that includes designation of the entire amount as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
National Park Service
For an additional amount for ``Construction'', $10,000,000, to
remain available until expended, to repair damage due to hurricanes,
floods and other acts of nature: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the amount
provided shall be available only to the extent that an official budget
request that includes designation of the entire amount as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is transmitted by the
President to the Congress.
United States Geological Survey
For an additional amount for ``Surveys, Investigations, and
Research'', $1,000,000, to remain available until expended, to repair
damage due to hurricanes, floods and other acts of nature: Provided,
That the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided further,
That the amount provided shall be available only to the extent that an
official budget request that includes designation of the entire amount
as an emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress.
CHAPTER 5
DEPARTMENT OF LABOR
Employment and Training Administration
For an additional amount for ``Training and Employment Services'' to
carry out section 402 of the Job Training Partnership Act, $7,000,000,
to be available upon enactment and remain available through June 30,
1999: Provided, That the entire amount is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
[[Page 112 STAT. 2681-578]]
CHAPTER 6
DEPARTMENT OF TRANSPORTATION
Coast Guard
For an additional amount for ``Acquisition, Construction, and
Improvements'', for facility replacement or repairs arising from the
consequences of Hurricane Georges, $12,600,000, to remain available
until expended: Provided, That the entire amount shall be available only
to the extent an official budget request for a specific dollar amount
that includes designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and Emergency
Deficit Control Act
of 1985, as amended, is transmitted by the President to the Congress:
Provided further, That the entire amount is designated as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
CHAPTER 7
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Community Planning and Development
For an additional amount for ``Community development block grants'',
as authorized under title I of the Housing and Community Development Act
of 1974, $250,000,000, which shall remain available until September 30,
2002, for use only for disaster relief, long-term recovery, and
mitigation in communities affected by Presidentially-declared natural
disasters designated during fiscal years 1998 and 1999, except for those
activities reimbursable by or for which funds are made available by the
Federal Emergency Management Agency, the Small Business Administration,
or the Army Corps of Engineers: Provided, That in administering these
amounts and except as provided in the next proviso, the Secretary of
Housing and Urban Development (the Secretary) may waive or specify
alternative requirements for any provision of any statute or regulation
that the Secretary administers in connection with the obligation by the
Secretary or the use by the recipient of these funds, except for
statutory requirements related to civil rights, fair housing and
nondiscrimination, the environment, and labor standards, upon a finding
that such waiver is required to facilitate the use of such funds and
would not be inconsistent with the overall purpose of the statute:
Provided further, That the Secretary may waive the requirements that
activities benefit persons of low and moderate income, except that at
least 50 percent of the funds under this heading must benefit primarily
persons of low and moderate income unless the Secretary makes a finding
of compelling need: Provided further, That, upon a finding of compelling
need, the Secretary must provide an explanation of the finding to the
Committees on Appropriations: Provided further, That all funds under
this heading shall be allocated by the Secretary to states (including
Indian tribes for all purposes under this heading) to be administered
[[Page 112 STAT. 2681-579]]
by each state in conjunction with its Federal Emergency Management
Agency program or its community development block grants program or by
the entity designated by its Chief Executive Officer to administer the
HOME Investment Partnerships Program: Provided further, That each state
shall provide not less than 25 percent in non-Federal public matching
funds or its equivalent value (other than administrative costs) for any
funds allocated to the state under this heading: Provided further, That,
in conjunction with the Director of the Federal Emergency Management
Agency (the Director), the Secretary shall allocate funds based on the
unmet needs identified by the Director as those which have not or will
not be addressed by other federal disaster assistance programs: Provided
further, That, in conjunction with the Director, the Secretary shall
utilize annual disaster cost estimates in order that the funds under
this heading shall be available, to the maximum extent feasible, to
assist states with all Presidentially declared disasters <<NOTE: Federal
Register, publication.>> designated during these fiscal years: Provided
further, That the Secretary shall publish a notice in the Federal
Register governing the allocation and use of the community development
block grants funds made available under this heading for disaster areas:
Provided further, That any project or activity underway prior to a
Presidentially declared disaster may not receive funds under this
heading unless the disaster directly impacted the project: Provided
further, <<NOTE: Records.>> That 10 days prior to distribution of funds,
the Secretary and the Director shall submit a list to the Committees on
Appropriations, setting forth the proposed uses of funds, including an
explanation of why other Federal disaster assistance programs do not
cover the costs of unmet needs identified by the Director, the most
recent estimates of unmet needs (including all uses of waivers and the
reasons therefore), and an explanation of how the disaster impacted the
proposed project: Provided further, That the Secretary and the Director
shall submit quarterly reports to the Committees on Appropriations
regarding the actual projects, localities and needs for which funds have
been provided: Provided further, That these reports shall be based upon
quarterly reports submitted to the Secretary and the Director by each
state receiving funds under this heading: Provided further, That the
entire amount shall be available only to the extent an official budget
request, that includes designation of the entire amount of the request
as an emergency requirement as defined by the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is transmitted by the
President to the Congress: Provided further, That the entire amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
INDEPENDENT AGENCY
Federal Emergency Management Agency
For an additional amount for ``Disaster relief'', $906,000,000, to
remain available until expended: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the entire
amount shall be available only to the extent that
[[Page 112 STAT. 2681-580]]
an official budget request for a specific dollar amount, that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress.
TITLE V--COUNTER-DRUG ACTIVITIES AND INTERDICTION
CHAPTER 1
Department of Agriculture
``Agriculture Research Service'', Department of Agriculture,
$23,000,000, for additional counterdrug research and development
activities: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That such amounts shall be available only to
the extent an official budget request for a specific dollar amount that
includes designation of the entire amount of the request as an emergency
requirement as defined in such Act is transmitted by the President to
the Congress.
CHAPTER 2
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
For an additional amount for ``Salaries and Expenses'', $10,200,000,
to remain available until expended, of which the entire amount shall be
available only to the extent that an official budget request that
includes the designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the President
to the Congress: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
Immigration and Naturalization Service
For an additional amount for ``Salaries and Expenses, Enforcement
and Border Affairs,'' $10,000,000, to remain available until expended,
of which the entire amount shall be available only to the extent that an
official budget request that includes the designation of the entire
amount of the request as an emergency requirement as defined in
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress: Provided, That
the entire amount is designated by the Congress as an emergency
requirement pursuant to section
[[Page 112 STAT. 2681-581]]
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
CHAPTER 3
DEPARTMENT OF STATE
International Narcotics Control and Law Enforcement
For an additional amount for ``International Narcotics Control and
Law Enforcement'', $232,600,000, to remain available until expended:
Provided, That such funds shall be made available subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That the entire amount shall be available only to the extent
that an official budget request for a specific dollar amount, that
includes designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
CHAPTER 4
DEPARTMENT OF TRANSPORTATION
Coast Guard
operating expenses
For an additional amount for necessary expenses for the operation
and maintenance of the Coast Guard, not otherwise provided for,
$16,300,000, available solely for expenses related to the expansion of
drug interdiction activities around Puerto Rico, the United States
Virgin Islands, and other transit zone areas of operation, including
costs to operate and maintain PC-170 patrol craft offered by the
Department of Defense: Provided, That $4,000,000 of these funds shall be
used only for the establishment and operating costs of a Caribbean
International Support Tender, to train and support foreign coast guards
in the Caribbean region: Provided further, That the entire amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the entire
amount shall be available only to the extent that an official budget
request for a specific dollar amount, that includes designation of the
entire amount of the request as an emergency requirement as defined in
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress.
acquisition, construction, and improvements
For an additional amount for acquisition, construction, renovation,
and improvement of facilities and equipment, to be available for
expansion of Coast Guard drug interdiction activities, $117,400,000, to
remain available until expended: Provided, That the entire amount is
designated by the Congress as an emergency
[[Page 112 STAT. 2681-582]]
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided further,
That the entire amount shall be available only to the extent that an
official budget request for a specific dollar amount, that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress.
CHAPTER 5
DEPARTMENT OF THE TREASURY
Departmental Offices
For an additional amount for ``Salaries and Expenses'', $1,500,000,
to remain available until expended
for necessary expenses for an interagency money laundering initiative:
Provided, That funds shall be available for transfer to the National
Foreign Intelligence Program: Provided further, That the entire amount
shall be available only to the extent that an official budget request
for a specific dollar amount that includes designation of the entire
amount of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress: Provided further, That
the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided further, That none of
the funds provided under this heading may be obligated until fifteen
days after notice thereof has been transmitted to the Committees on
Appropriations.
United States Customs Service
For an additional amount for ``Salaries and Expenses'',
$106,300,000, to remain available until expended for counterdrug
initiatives: Provided, That the entire amount shall be available only to
the extent that an official budget request for a specific dollar amount
that includes designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the President
to the Congress: Provided further, That the entire amount is designated
by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of
1985: Provided further, That none of the funds provided under this
heading may be obligated until fifteen days after notice thereof has
been transmitted to the Committees on Appropriations.
[[Page 112 STAT. 2681-583]]
For an additional amount for ``Operation, Maintenance and
Procurement, Air and Marine Interdiction Programs'', $162,700,000, to
remain available until expended: Provided, That of the amount provided,
$153,000,000 shall be available for the procurement and conversion of
two P-3B AEW aircraft and four P-3B Slick aircraft to be transferred
from the Department of Defense to the Customs Service: Provided further,
That the entire amount shall be available only to the extent that an
official budget request for a specific dollar amount that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985: Provided
further, That none of the funds provided under this heading may be
obligated until fifteen days after notice thereof has been transmitted
to the Committees on Appropriations.
For an additional amount for ``Customs Facilities, Construction,
Improvements and Related Expenses'', $7,000,000, to remain available
until expended: Provided, That the entire amount shall be available only
to the extent that an official budget request for a specific dollar
amount that includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the President
to the Congress: Provided further, That the entire amount is designated
by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of
1985: Provided further, That none of the funds provided under this
heading may be obligated until fifteen days after notice thereof has
been transmitted to the Committees on Appropriations.
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
Office of National Drug Control Policy
For an additional amount for ``Salaries and Expenses'', $1,200,000:
Provided, That the entire amount shall be available only to the extent
that an official budget request for a specific dollar amount that
includes designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985: Provided
further, That none of the funds provided under this heading may
[[Page 112 STAT. 2681-584]]
be obligated until fifteen days after notice thereof has been
transmitted to the Committees on Appropriations.
For an additional amount to support the National Drug Court
Institute, $2,000,000, to remain available until expended: Provided,
That the entire amount shall be available for transfer to the National
Drug Court Institute: Provided further, That the entire amount shall be
available only to the extent that an official budget request for a
specific dollar amount that includes designation of the entire amount of
the request as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress: Provided further, That the
entire amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985: Provided further, That none of the funds
provided under this heading may be obligated until fifteen days after
notice thereof has been transmitted to the Committees on Appropriations.
TITLE VI--GENERAL PROVISION
No part of any appropriation contained in this Division of this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
DIVISION C--OTHER MATTERS
TITLE I--OTHER MATTERS
Sec. 101. <<NOTE: 5 USC app. 3 note.>> Acting Treasury Inspector
General for Tax Administration. (a) In General.--Notwithstanding any
other provision of law, the President may appoint an acting Treasury
Inspector General for Tax Administration to serve during the period--
(1) beginning on the date of the enactment of this section
(or, if later, the date of the appointment), and
(2) ending on the earlier of--
(A) April 30, 1999, or
(B) the date on which the first Treasury Inspector
General for Tax Administration takes office (other than
pursuant to this section).
(b) Duties Before January 18, 1999.--The acting Treasury Inspector
General for Tax Administration appointed under subsection (a) shall,
before January 18, 1999, take only such actions as are necessary to
begin operation of the Office of Treasury Inspector General for Tax
Administration, including--
(1) making interim arrangements for administrative support
for the Office,
(2) establishing interim positions in the Office into which
personnel will be transferred upon the transfer of functions and
duties to the Office on January 18, 1999,
(3) appointing such acting personnel on an interim basis as
may be necessary upon the transfer of functions and duties to
the Office on January 18, 1999, and
[[Page 112 STAT. 2681-585]]
(4) providing guidance and input for the fiscal year 2000
budget process for the Office.
(c) Actions Not To Limit Authority of IG.--None of the actions taken
by an individual appointed under subsection (a) shall affect the future
authority of any Treasury Inspector General for Tax Administration not
appointed under subsection (a).
(d) Limitations.--
(1) Nomination.--No individual appointed under subsection
(a) may serve on or after January 19, 1999, unless on or before
such date the President has submitted to the Senate his
nomination of an individual to serve as the first Treasury
Inspector General for Tax Administration.
(2) Treasury inspector general may not serve.--No individual
appointed under subsection (a) may serve during any period such
individual is serving as the Inspector General of the Treasury
of the United States or the acting Inspector General of the
Treasury of the United States.
(3) Employment restrictions.--The provisions of section
8D(j) of the Inspector General Act of 1978 (5 U.S.C. App.) shall
apply to any individual appointed under subsection (a).
Sec. 102. Section 122 of Public Law 105-119 (5 U.S.C. 3104 note) is
amended--
(1) by amending subsection (g) to read as follows:
``(g)(1) <<NOTE: Establishment.>> Notwithstanding any other
provision of law and subject to paragraph (2), the Secretary of the
Treasury is authorized to establish, for a period of three years from
date of enactment of this provision, a personnel management
demonstration project providing for the compensation and performance
management of not more than a combined total of 950 employees who fill
critical scientific, technical, engineering, intelligence analyst,
language translator, and medical positions in the Bureau of Alcohol,
Tobacco and Firearms, the United States Customs Service, and the United
States Secret Service.
``(2) The provisions of subsections (b) through (f) and subsection
(h) shall apply to the demonstration project authorized by paragraph (1)
except that--
``(A) any reference in such subsections to the Director of
the Federal Bureau of Investigation shall include a reference to
the Secretary of the Treasury;
``(B) the operating plan required by subsection (d) shall be
submitted not later than February 1, 1999 to the House and
Senate Committees on Appropriations, the House Committee on
Government Reform and Oversight, the Senate Committee on
Governmental Affairs, the House Committee on Ways and Means, and
the Senate Committee on Finance; and
``(C) the report required by subsection (f) shall be
submitted not later than March 31, 2001.''; and
(2) by amending subsection (h) to read as follows--
``(h) <<NOTE: Termination date.>> The authority to establish a
demonstration project under this section shall terminate on November 26,
2000.''.
Sec. 103. Section 824 of the Foreign Service Act <<NOTE: 22 USC
4064.>> is amended:
(1) in subsection (a)(1)(A) by inserting ``or in the case of
a waiver under subsection (g)'' after ``subsection (b)''; and
(2) by adding the following new subsections (g) and (h) at
the end:
``(g) The Secretary of State may waive the application of the
paragraphs (a) through (d) of this section, on a case-by-case basis,
[[Page 112 STAT. 2681-586]]
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.
``(h) A reemployed annuitant as to whom a waiver under subsection
(g) is in effect shall not be considered a participant for purposes of
subchapter I or subchapter II, or an employee for purposes of chapter 83
or 84 of title 5, United States Code.''.
Sec. 104. Title II of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (Public Law 99-399) is amended by adding the
following new section at the end:
``SEC. 206. <<NOTE: 22 USC 4824.>> CONTRACTING AUTHORITY.
``The Secretary of State is authorized to employ individuals or
organizations by contract to carry out the purposes of this Act, and
individuals employed by contract to perform such services shall not by
virtue of such employment be considered to be employees of the United
States Government for purposes of any law administered by the Office of
Personnel Management (except that the Secretary may determine the
applicability to such individuals of any law administered by the
Secretary concerning the employment of such individuals); and such
contracts are authorized to be negotiated, the terms of the contracts to
be prescribed, and the work to be performed, where necessary, without
regard to such statutory provisions as relate to the negotiation, making
and performance of contracts and performance of work in the United
States.''.
Sec. 106. Intrastate Bus Transportation in Hawaii. Section
14501(a)(1) of Title 49, United States Code, is amended by striking
``operations'' and inserting ``operations, or to intrastate bus
transportation of any nature in the State of Hawaii''.
Sec. 107. Provisions of 23 U.S.C. 125(b)(1) shall not apply to
emergency relief projects resulting from the flooding in the State of
California in January and March 1995.
Sec. 108. For the purpose of any Rule of the House of
Representatives, notwithstanding any other provision of law, any
obligation limitation relating to surface transportation projects under
section 1602 of P.L. 105-178 shall be assumed to be administered on the
basis of sound program management practices that are consistent with
past practices of the administering agency permitting States to decide
High Priority Project funding priorities within state program
allocations.
Sec. 109. Operation of <<NOTE: 49 USC 31701 note.>> Trailers. (a)
Registration of Trailers.--A State that requires annual registration of
container chassis and the apportionment of fees for such registrations
in accordance with the International Registration Plan (as defined under
section 31701 of title 49, United States Code) shall not limit the
operation, or require the registration, in the State of a container
chassis (or impose fines or penalties on the operation of a container
chassis for being operated in the State without a registration issued by
the State) if such chassis--
(1) is registered under the laws of another State; and
(2) is operating under a trip permit issued by the State.
(b) Limitation on Registration of Trailers.--A State described in
subsection (a) may not deny the use of trip permits for the operation in
the State of a container chassis that is registered under the laws of
another State.
[[Page 112 STAT. 2681-587]]
(c) Safety Regulation.--This section shall apply to registration
requirements only and shall not affect the ability of the State to
regulate for safety.
(d) Penalties.--No State described in subsection (a), political
subdivision of such a State, or person may impose or collect any fee,
penalty, fine, or other form of damages which is based in whole or in
part upon the nonpayment of a State registration fee (including related
weight and licensing fees assessed as part of registration) attributable
to a container chassis operated in the State (and registered in another
State) before the date of enactment of this Act, unless it is shown by
the State, political subdivision, or person that such container chassis
was not operated in the State under a trip permit issued by the State.
(e) Container Chassis Defined.--In this section, the term
``container chassis'' means a trailer, semi-trailer, or auxiliary axle
used exclusively for the transportation of ocean shipping containers.
Sec. 110. Reauthorization of the Federal Aviation Administration.
(a) <<NOTE: Effective date.>> Period of Applicability of Certain
Amendments.--Effective September 29, 1998, section 125 of the Federal
Aviation Reauthorization Act of 1996 (49 U.S.C. 47114 note; 110 Stat.
3220) is repealed.
(b) Airport Improvement Program.--
(1) Authorization of appropriations.--Section 48103 of title
49, United States Code, is amended--
(A) by striking ``September 30, 1996'' and inserting
``September 30, 1998''; and
(B) by striking ``$2,280,000,000'' and all that
follows through the period at the end and inserting the
following: ``$1,205,000,000 for the six-month period
beginning October 1, 1998''.
(2) Obligational authority.--Section 47104(c) of title 49,
United States Code, is amended by striking ``September 30,
1998'' and inserting ``March 31, 1999''.
(c) Aviation Insurance Program Amendments.--
(1) Reimbursement of insured party's subrogee.--Section
44309(a) of title 49, United States Code, is amended to read as
follows:
``(a) Losses.--
``(1) Actions against united states.--A person may bring a
civil action in a district court of the United States or in the
United States Court of Federal Claims against the United States
Government when--
``(A) a loss insured under this chapter is in
dispute; or
``(B)(i) the person is subrogated under a contract
between the person and a party insured under this
chapter (other than section 44305(b)) to the rights of
the insured party against the United States Government;
and
``(ii) the person has paid to the insured party,
with the approval of the Secretary of Transportation, an
amount for a physical damage loss that the Secretary has
determined is a loss covered by insurance issued under
this chapter (other than section 44305(b)).
``(2) Limitation.--A civil action involving the same matter
(except the action authorized by this subsection) may not be
brought against an agent, officer, or employee of the Government
carrying out this chapter.
[[Page 112 STAT. 2681-588]]
``(3) Procedure.--To the extent applicable, the procedure in
an action brought under section 1346(a)(2) of title 28, United
States Code, applies to an action under this subsection.''.
(2) Extension of aviation insurance program.--Section 44310
of such title is amended by striking ``December 31, 1998.'' and
inserting ``March 31, 1999.''.
(d) Eligibility of AIP Funds to Assess Y2K Compliance.--
(1) Eligibility.--For fiscal year 1999 the term ``airport
development'' under section 47102(3) of title 49, United States
Code, may include activities of an airport sponsor of a
commercial service airport (as defined by section 47102(7) of
such title) to assess the Year 2000 processing capabilities of
any airport facilities, technology systems, or equipment owned
by the airport sponsor and directly related to airport
activities, regardless of whether such facilities, systems, or
equipment are otherwise eligible for assistance under chapter
471 of such title. Such activities may include testing
associated with such assessment.
(2) Limitations.--
(A) Only funds apportioned to sponsors under section
47114(c) of title 49, United States Code, or to States
under subsections (d) and (e) of section 47114 of such
title, may be used for activities described in paragraph
(1).
(B) The expanded eligibility under paragraph (1)
applies only to the assessment (and associated testing)
with respect to the Year 2000 processing capabilities of
airport facilities, systems, and equipment owned by the
airport sponsor.
(3) Definition.--In this subsection, the term ``Year 2000
processing'' means the processing (including, without
limitation, calculating, comparing, sequencing, displaying, or
storing), transmitting, or
receiving of date or date/time data from, into, and between the
twentieth and twenty-first centuries, and the years 1999 and 2000, and
leap year calculations.
(e) Scorekeeping Adjustment.--Notwithstanding Rule 3 of the Budget
Scorekeeping Guidelines set forth in the Joint Explanatory Statement of
the Committee of Conference accompanying Conference Report No. 105-217,
legislation in this section that would have been estimated by the Office
of Management and Budget as changing direct spending or receipts under
section 252 of the Balanced Budget and Emergency Deficit Control Act of
1985 were it included in an Act other than an appropriation Act shall be
treated as direct spending or receipts legislation, as appropriate,
under section 252 of the Balanced Budget and Emergency Deficit Control
Act of 1985.
(f) Joint Venture Agreements.
(1) In general.--Subchapter I of chapter 417 is amended by
adding at the end the following:
``Sec. 41716. Joint venture agreements <<NOTE: 49 USC 41716.>>
``(a) Definitions.--In this section, the following definitions
apply:
``(1) Joint venture agreement.--The term `joint venture
agreement' means an agreement entered into by a major air
carrier on or after January 1, 1998, with regard to (A) code-
sharing, blocked-space arrangements, long-term wet leases (as
defined in section 207.1 of title 14, Code of Federal
Regulations)
[[Page 112 STAT. 2681-589]]
of a substantial number (as defined by the Secretary by
regulation) of aircraft, or frequent flyer programs, or (B) any
other cooperative working arrangement (as defined by the
Secretary by regulation) between 2 or more major air carriers
that affects more than 15 percent of the total number of
available seat miles offered by the major air carriers.
``(2) Major air carrier.--The term `major air carrier' means
a passenger air carrier that is certificated under chapter 411
of this title and included in Carrier Group III under criteria
contained in section 04 of part 241 of title 14, Code of Federal
Regulations.
``(b) Submission of Joint Venture Agreement.--At least 30 days
before a joint venture agreement may take effect, each of the major air
carriers that entered into the agreement shall submit to the Secretary--
``(1) a complete copy of the joint venture agreement and all
related agreements; and
``(2) other information and documentary material that the
Secretary may require by regulation.
``(c) Extension of Waiting Period.--
``(1) In general.--The Secretary may extend the 30-day
period referred to in subsection (b) until--
``(A) in the case of a joint venture agreement with
regard to code-sharing, the 150th day following the last
day of such period; and
``(B) in the case of any other joint venture
agreement, the 60th day following the last day of such
period.
``(2) <<NOTE: Federal Register, publication.>> Publication
of reasons for extension.--If the Secretary extends the 30-day
period referred to in subsection (b), the Secretary shall
publish in the Federal Register the Secretary's reasons for
making the extension.
``(d) Termination of Waiting Period.--At any time after the date
of submission of a joint venture agreement under subsection (b), the
Secretary may terminate the waiting periods referred to in subsections
(b) and (c) with respect to the agreement.
``(e) Regulations.--The effectiveness of a joint venture agreement
may not be delayed due to any failure of the Secretary to issue
regulations to carry out this section.
``(f) Memorandum To Prevent Duplicative Reviews.--Promptly after
the date of enactment of this section, the Secretary shall consult with
the Assistant Attorney General of the Antitrust Division of the
Department of Justice in order to establish, through a written
memorandum of understanding, preclearance procedures to prevent
unnecessary duplication of effort by the Secretary and the Assistant
Attorney General under this section and the antitrust laws of the United
States, respectively.
``(g) Prior Agreements.--With respect to a joint venture agreement
entered into before the date of enactment of this section as to which
the Secretary finds that--
``(1) the parties submitted the agreement to the Secretary
before such date of enactment; and
``(2) the parties submitted all information on the agreement
requested by the Secretary,
the waiting period described in paragraphs (2) and (3) shall begin on
the date, as determined by the Secretary, on which all such information
was submitted and end on the last day to which the period could be
extended under this section.
[[Page 112 STAT. 2681-590]]
``(h) Limitation on Statutory Construction.--The authority granted
to the Secretary under this section shall not in any way limit the
authority of the Attorney General to enforce the antitrust laws as
defined in the first section of the Clayton Act (15 U.S.C. 12).''.
(2) Conforming amendment.--The analysis for subchapter I of
chapter 417 is amended by adding at the end the following:
``41716. Joint venture agreements.''.
(g) Competitive Practices in the Airline Industry.--
(1) National Research Council.--
(a) Study.--The National Research Council of the
National Academy of Sciences shall complete a
comprehensive update of the 1991 study of airline
deregulation prepared by the Transportation Research
Board of the Council. The update shall include updated
versions of the chapters contained in the study
pertaining to competitive issues in the airline industry
as well as recommendations for changes in the statutory
framework under which the airline industry operates.
(b) Report by national research council.--Not later
than 6 months after the date of enactment of this Act,
the National Research Council shall transmit to Congress
and the Secretary of Transportation a report containing
the results of the study conducted under paragraph (a).
(c) Report by the secretary.--Not later than 2
months after the date on which the Secretary receives
the report of the National Research Council under
paragraph (b), the Secretary shall transmit to Congress
a report containing the response of the Secretary to the
findings and recommendations of the National Research
Council.
(2) Report to Congress.--The Secretary shall conduct a study
and transmit to Congress a report that includes--
(a) a description of any complaints received by the
Secretary concerning acts of unfair competition or
predatory pricing in the airline industry (including the
number of such complaints) and of specific examples of
such acts;
(b) a description of the options of the Secretary
for addressing any acts of unfair competition or
predatory pricing identified under paragraph (a);
(c) an analysis of the guidelines proposed in Docket
OST-98-3713, including information documenting and
quantifying the impact of the guidelines on the items
listed in subsection (3)(c); and
(d) a description of the manner in which the
Secretary plans to coordinate the handling of predatory
pricing and unfair competition complaints against air
carriers filed with the Secretary and similar complaints
filed with the Attorney General, including methods to
ensure efficient use of limited government resources and
to ensure that all parties avoid duplicate requests by
government agencies for information unless each of the
agencies needs the information to carry out its
statutory responsibilities.
(3) Guidelines.--
[[Page 112 STAT. 2681-591]]
(a) Issuance.--The Secretary shall not issue final
guidelines in Docket OST-98-3713 before the date of
transmittal to Congress of a report under subsection
(2).
(b) Transmittal to congress.--If the Secretary
issues final guidelines in Docket OST-98-3713, the
Secretary shall transmit the guidelines to Congress.
(c) Impact of guidelines.--If, as a result of the
study conducted under subsection (2), the Secretary
decides to issue final guidelines in Docket OST-98-3713
that are different from the guidelines originally
proposed, the Secretary shall, as part of the
transmittal under paragraph (b), include information
that documents and quantifies the impact of the
guidelines on the following:
(i) Scheduled service to small- and medium-
sized communities.
(ii) Airfares, including the availability of
senior citizen, Internet, and standby discounts on
routes covered by the guidelines.
(iii) The incentive and ability of major air
carriers to offer low airfares.
(iv) The incentive of new entrant air carriers
to offer low airfares.
(v) The ability of air carriers to offer
inclusive leisure travel for which airfares are
not separately advertised.
(vi) Members of frequent flyer programs.
(vii) The ability of air carriers to carry
nonorigination and destination traffic on the
portion of routes that are served by new entrant
air carriers covered by the guidelines.
(viii) Airline employees.
(4) Consultation.--In conducting the study under section
(2), the Secretary shall consult with the Attorney General,
major air carriers, new entrant air carriers, airport and
community leaders, academic and economic experts, and airline
employees and passengers.
(5) Effective Date.--The guidelines adopted in Docket OST-
98-3713, or any similar guidelines, shall not become effective
before the last day of the 12-week period beginning on the date
of transmittal to Congress of final guidelines in Docket OST-98-
3713, except that a week shall not count toward such 12-week
period unless the House of Representatives is in session for
legislative business at least 1 day during the week.
Sec. 111. Steel Imports Into the United States. (a) Findings.--
Congress makes the following findings:
(1) The current financial crises in Asia, the independent
States of the former Soviet Union (as defined in section 3 of
the FREEDOM Support Act), Russia, and other areas of the world,
involve significant depreciation in the currencies of several
key steel-producing and steel-consuming countries, along with a
collapse in the domestic demand for steel in the countries.
(2) The crises have generated and will continue to generate
increases in United States imports of steel, both from the
countries whose currencies have been depreciated and from other
Asian steel-producing countries that are no longer able
[[Page 112 STAT. 2681-592]]
to export steel to the countries that are experiencing an
economic crisis.
(3) United States imports of finished steel mill products
from Asian steel-producing countries, such as the People's
Republic of China, Japan, Korea, India, Taiwan, Indonesia,
Thailand, and Malaysia, increased by 79 percent in the first 5
months of 1998.
(4) Year-to-date imports of steel from Russia now exceed the
record import levels of 1997, and steel imports from Russia and
the Ukraine now approach 2,500,000 net tons.
(5) Foreign government trade restrictions and private
restraints of trade distort international trade and investment
patterns and result in burdens on United States commerce,
including absorption of a disproportionate share of steel
diverted from other countries.
(6) The European Union, for example, despite also being a
major economy, in 1997 imported only one-tenth as much finished
steel products from Asian steel-producing countries as the
United States did and has restricted imports of steel from the
independent states of the former Soviet Union and Russia.
(7) The United States is simultaneously facing a substantial
increase in steel imports from the independent states of the
former Soviet Union and Russia, caused in part by the closure of
Asian markets to steel imports.
(8) There is a well recognized need for improvement in the
enforcement of the United States trade laws to provide an
effective response to situations of such increased imports.
(b) Sense of Congress.--Congress calls upon the President to--
(1) pursue enhanced enforcement of the United States trade
laws with respect to the increase in steel imports into the
United States, using all remedies available under United States
laws including imposition of offsetting duties, quantitative
restrictions, and other appropriate remedial measures;
(2) pursue with all methods at the President's disposal to
achieve 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 within the executive branch that
has responsibility for closely monitoring imports of steel into
the United States; and
(4) report to Congress not later than January 5, 1999, with
a comprehensive plan for responding to the increase in steel
imports, including ways of limiting the deleterious effects on
employment, prices, and investment in the United States steel
industry.
Sec. 112. Inclusion of Spirit Mound, South Dakota, on the Lewis and
Clark Trail. (a) Acquisition.--The Secretary of the Interior is
authorized to acquire on a willing seller basis, at a cost of not to
exceed $600,000, the tract of land known as ``Spirit Mound'', located on
South Dakota Highway 19 near Vermilion, South Dakota.
(b) Inclusion on the Lewis and Clark Trail.--The tract described in
subsection (a) shall be administered as part of the Lewis and Clark
National Historic Trail.
[[Page 112 STAT. 2681-593]]
(c) Cooperative Agreement.--The Secretary of the Interior shall
enter into a cooperative agreement with Lewis and Clark/Spirit Mound
Trust Inc., providing for the restoration, interpretation, and long-term
preservation of, and public access to, Spirit Mound.
Sec. 113. (a) Designation of Dick Cheney Federal Building.--The
Federal Building and Post Office located at 100 East B Street, Casper,
Wyoming, shall be known and designated as the ``Dick Cheney Federal
Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the Federal Building and
Post Office referred to in subsection (a) shall be deemed to be a
reference to the ``Dick Cheney Federal Building''.
Sec. 114. (a) Designation.--The United States Post Office located at
297 Larkfield Road in East Northport, New York, shall be known and
designated as the ``Jerome Anthony Ambro, Jr. Post Office Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the United States Post
Office referred to in subsection (a) shall be deemed to be a reference
to the ``Jerome Anthony Ambro, Jr. Post Office Building''.
Sec. 115. Designation of Lieutenant Henry O. Flipper Station. (a) In
General.--The facility of the United States Postal Service located at
Tall Timbers Village Square, United States Highway 19 South, in
Thomasville, Georgia, shall be known and designated as the ``Lieutenant
Henry O. Flipper Station''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the facility of the
United States Postal Service referred to in subsection (a) shall be
deemed to be a reference to the ``Lieutenant Henry O. Flipper Station''.
Sec. 116. William R. ``Billy'' Rolle Post Office Building. (a)
Designation.--The United States Postal Service building located at 3191
Grand Avenue in Coconut Grove, Florida, shall be known and designated as
the ``William R. `Billy' Rolle Post Office Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the building referred to
in subsection (a) shall be deemed to be a reference to the ``William R.
`Billy' Rolle Post Office Building''.
Sec. 117. Helen Miller Post Office Building. (a) Designation.--The
United States Postal Service building located at 550 Fisherman Street in
Opa Locka, Florida, shall be known and designated as the ``Helen Miller
Post Office Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the building referred to
in subsection (a) shall be deemed to be a reference to the ``Helen
Miller Post Office Building''.
Sec. 118. Essie Silva Post Office Building. (a) Designation.--The
United States Postal Service building located at 18690 N.W. 37th Avenue
in Carol City, Florida, shall be known and designated as the ``Essie
Silva Post Office Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the building referred to
in subsection (a) shall be deemed to be a reference to the ``Essie Silva
Post Office Building''.
[[Page 112 STAT. 2681-594]]
Sec. 119. Athalie Range Post Office Building. (a) Designation.--The
United States Postal Service building located at 500 North West 2d
Avenue in Miami, Florida, shall be known and designated as the ``Athalie
Range Post Office Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the building referred to
in subsection (a) shall be deemed to be a reference to the ``Athalie
Range Post Office Building''.
Sec. 120. Garth Reeves, Sr. Post Office Building. (a) Designation.--
The United States Postal Service building located at 995 North West
119th Street in Miami, Florida, shall be known and designated as the
``Garth Reeves, Sr. Post Office Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the building referred to
in subsection (a) shall be deemed to be a reference to the ``Garth
Reeves, Sr. Post Office Building''.
Sec. 121. (a) Designation.--The United States Post Office located at
16250 Highway 603 in Kiln, Mississippi, shall be known and designated as
the ``Ray J. Favre Post Office Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the United States Post
Office referred to in subsection (a) shall be deemed to be a reference
to the ``Ray J. Favre Post Office Building''.
Sec. 122. (a) Redesignation.--The building of the United States
Postal Service located at 2419 West Monroe Street, in Chicago, Illinois,
and known as the Midwest
Post Office Building, shall be known and designated as the ``Nancy B.
Jefferson Post Office Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the building referred to
in subsection (a) shall be deemed to be a reference to the ``Nancy B.
Jefferson Post Office Building''.
Sec. 123. (a) Redesignation.--The facility of the United States
Postal Service located at 9719 Candelaria Road NE in Albuquerque, New
Mexico, and known as the Eldorado Station Post Office, shall be known
and designated as the ``Steve Schiff Post Office''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the facility referred to
in subsection (a) shall be deemed to be a reference to the ``Steve
Schiff Post Office''.
Sec. 124. (a) Designation.--The United States Post Office located at
860 Penniman Avenue in Plymouth, Michigan, shall be known and designated
as the ``Carl D. Pursell Post Office''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the United States Post
Office referred to in subsection (a) shall be deemed to be a reference
to the ``Carl D. Pursell Post Office''.
Sec. 125. (a) Designation.--The United States Post Office located at
202 Center Street in Garwood, New Jersey, shall be known and designated
as the ``James T. Leonard, Sr. Post Office''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the United States Post
Office referred to in subsection (a) shall be deemed to be a reference
to the ``James T. Leonard, Sr. Post Office''.
Sec. 126. Edgar C. Campbell, Sr., Post Office Building. (a)
Designation.--The United States Postal Service building located at 658
63rd Street, in Philadelphia, Pennsylvania, shall
[[Page 112 STAT. 2681-595]]
be known and designated as the ``Edgar C. Campbell, Sr., Post Office
Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the building referred to
in subsection (a) shall be deemed to be a reference to the ``Edgar C.
Campbell, Sr., Post Office Building''.
Sec. 127. David P. Richardson, Jr., Post Office Building. (a)
Designation.--The United States Postal Service building located at 5209
Greene Street, in Philadelphia, Pennsylvania, shall be known and
designated as the ``David P. Richardson, Jr., Post Office Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the building referred to
in subsection (a) shall be deemed to be a reference to the ``David P.
Richardson, Jr., Post Office Building''.
Sec. 128. (a) Redesignation.--The building of the United States
Postal Service located at 324 South Laramie Street, in Chicago,
Illinois, and known as the Austin Post Office Building, shall be known
and designated as the ``Reverend Milton R. Brunson Post Office
Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the building referred to
in subsection (a) shall be deemed to be a reference to the ``Reverend
Milton R. Brunson Post Office Building''.
Sec. 129. Designation. (a) In General.--The facility of the United
States Postal Service located at 3750 North Kedzie Avenue in Chicago,
Illinois, shall be known and designated as the ``Daniel J. Doffyn Post
Office Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the United States Post
Office building referred
to in subsection (a) shall be deemed to be a reference to the ``Daniel
J. Doffyn Post Office Building''.
Sec. 130. (a) Designation.--The United States Post Office located at
215 East Jackson Street in Painesville, Ohio, as the ``Karl Bernal Post
Office Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the United States Post
Office referred to in subsection (a) shall be deemed to be a reference
to the ``Karl Bernal Post Office Building''.
Sec. 131. (a) Designation.--The United States Post Office located at
95 West #100 South in Provo, Utah, shall be known and designated as the
``Howard C. Nielson Post Office Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the United States Post
Office referred to in subsection (a) shall be deemed to be a reference
to the ``Howard C. Nielson Post Office Building''.
Sec. 132. (a) Designation.--The United States Postal Service
building located at 11550 Livingston Road, in Fort Washington, Maryland,
shall be known and designated as the ``Jacob Joseph Chestnut Post Office
Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the building referred to
in subsection (a) shall be deemed to be a reference to the ``Jacob
Joseph Chestnut Post Office Building''.
[[Page 112 STAT. 2681-596]]
Sec. 133. (a) Designation.--The Federal building located at 309
North Church Street in Dyersburg, Tennessee, shall be known and
designated as the ``Jere Cooper Federal Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the Federal building
referred to in subsection (a) shall be deemed to be a reference to the
``Jere Cooper Federal Building''.
Sec. 134. Notwithstanding any other law, sections 101 (d), (k), (p),
(s) and (x) of the Omnibus Personnel Reform Amendment Act of 1998, D.C.
Law 12-124, effective June 11, 1998, are enacted into law.
Sec. 135. (a) Any right, title, or interest of the United States in
the property described in subsection (b) is hereby waived.
(b) The property described in this subsection is certain real
property comprised of approximately 106.94 acres of land located in Anne
Arundel County in the State of Maryland, said property being originally
approximately 144.5 acres of land granted to the United States to be
held in title by the ``Commissioners of the District of Columbia on
behalf of the United States of America'', in fee simple, by a Judgment
of Taking in U.S. District Court, Civil Action Number 2391, saving and
excepting therefrom approximately 37.57 acres of land by deed dated June
17, 1947, and recorded at Liber 584, Folio 591.
Sec. 136. Flood Mitigation Near Pierre, South Dakota. (a) In
General.--
(1) Land acquisition.--To provide full operational
capability to carry out the authorized purposes of the Missouri
River Main Stem dams that are part of the Pick-Sloan Missouri
River Basin Program authorized by section 9 of the Act entitled
``An Act authorizing the construction of certain public works on
rivers and harbors for flood control, and other purposes'',
approved December 22, 1944, the Secretary may acquire from
willing sellers such land and property in the vicinity of
Pierre, South Dakota, or floodproof or relocate such property
within the project area, as the Secretary determines is
adversely affected by the full wintertime Oahe Powerplant
releases.
(2) Ownership and use.--Any land that is acquired under this
authority shall be kept in public
ownership and will be dedicated and maintained in perpetuity for a use
that is compatible with any remaining flood threat.
(3) Report.--
(A) In general.--The Secretary shall not obligate
funds to implement this paragraph until the Secretary
has completed a report addressing the criteria for
selecting which properties are to be acquired, relocated
or floodproofed, and a plan for implementing such
measures and has made a determination that the measures
are economically justified.
(B) Deadline.--The report shall be completed not
later than 180 days after funding is made available.
(4) Coordination and cooperation.--The report and
implementation plan--
(A) shall be coordinated with the Federal Emergency
Management Agency; and
(B) shall be prepared in consultation with other
Federal agencies, and State and local officials, and
residents.
[[Page 112 STAT. 2681-597]]
(5) Considerations.--Such report should take into account
information from prior and ongoing studies.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $35,000,000.
Sec. 137. Grand Forks, North Dakota, and East Grand Forks,
Minnesota.--The following project for water resources development and
conservation and other purposes is authorized to be carried out by the
Secretary of the Army, acting through the Chief of Engineers,
substantially in accordance with the plans, and subject to the
conditions recommended in a final report of the Chief of Engineers as
approved by the Secretary, if the report of the Chief is completed not
later than December 31, 1998: The project for flood damage reduction and
recreation, Grand Forks, North Dakota, and East Grand Forks, Minnesota,
at a total cost of $307,750,000, with an estimated Federal cost of
$154,360,000 and an estimated non-Federal cost of $153,390,000.
Sec. 138. Police Corps Act. (a) Training Period.--
(1) In general.--Section 200108 of the Police Corps Act (42
U.S.C. 14097) is amended by striking subsection (b) and
inserting the following:
``(b) Training Sessions.--A participant in a State Police Corps
program shall attend up to 24 weeks, but no less than 16 weeks, of
training at a training center. The Director may approve training
conducted in not more than 3 separate sessions.''.
(2) Conforming amendment.--Section 200108(c) of the Police
Corps Act (42 U.S.C. 14097(c)) is amended by striking ``16 weeks
of''.
(b) Reauthorization.--Section 200112 of the Police Corps Act (42
U.S.C. 14101) is amended by striking ``$20,000'' and all that follows
before the period and inserting ``$50,000,000 for fiscal year 1999,
$70,000,000 for fiscal year 2000, $90,000,000 for fiscal year 2001, and
$90,000,000 for fiscal year 2002''.
Sec. 139. <<NOTE: 31 USC 5111 note.>> Congressional Gold Medals and
Commemorative Coins. (a) Little Rock Nine.--
(1) The Congress hereby finds the following:
(A) Jean Brown Trickey, Carlotta Walls LaNier, Melba
Patillo Beals, Terrence Roberts, Gloria Ray Karlmark,
Thelma Mothershed Wair, Ernest Green, Elizabeth Eckford,
and Jefferson Thomas, hereafter in this section referred
to as the ``Little Rock Nine'', voluntarily subjected
themselves to the bitter stinging pains of racial
bigotry.
(B) The Little Rock Nine are civil rights pioneers
whose selfless acts considerably advanced the civil
rights debate in this country.
(C) The Little Rock Nine risked their lives to
integrate Central High School in Little Rock, Arkansas,
and subsequently the Nation.
(D) The Little Rock Nine sacrificed their innocence
to protect the American principle that we are all ``one
Nation, under God, indivisible''.
(E) The Little Rock Nine have indelibly left their
mark on the history of the Nation.
(F) The Little Rock Nine have continued to work
toward equality for all Americans.
(2)(A) The President is authorized to present, on behalf of
Congress, to Jean Brown Trickey, Carlotta Walls LaNier, Melba
Patillo Beals, Terrence Roberts, Gloria Ray Karlmark,
[[Page 112 STAT. 2681-598]]
Thelma Mothershed Wair, Ernest Green, Elizabeth Eckford, and
Jefferson Thomas, commonly referred to as the ``Little Rock
Nine'', gold medals of appropriate design, in recognition of the
selfless heroism such individuals exhibited and the pain they
suffered in the cause of civil rights by integrating Central
High School in Little Rock, Arkansas.
(B) For purposes of the presentation referred to in
subsection (A) the Secretary of the Treasury shall strike a gold
medal with suitable emblems, devices, and inscriptions to be
determined by the Secretary for each recipient.
(C) <<NOTE: Effective date.>> Effective October 1, 1998,
there be authorized to be appropriated such sums as may be
necessary to carry out this subsection.
(3)(A) The Secretary of the Treasury may strike and sell
duplicates in bronze of the gold medals struck pursuant to
subsection (a)(2)(B) under such regulations as the Secretary may
prescribe, at a price sufficient to cover the cost thereof,
including labor, materials, dies, use of machinery, and overhead
expenses, and the cost of the gold medal.
(B) The appropriation used to carry out this subsection
shall be reimbursed out of the proceeds of sales under
subsection (a)(3)(A).
(4) The medals struck pursuant to this subsection are
national medals for purposes of chapter 51 of title 31, United
States Code.
(b) Gerald R. and Betty Ford.--
(1) The President is authorized to present, on behalf of the
Congress, to Gerald R. and Betty Ford a gold medal of
appropriate design--
(A) in recognition of their dedicated public service
and outstanding humanitarian contributions to the people
of the United States; and
(B) in commemoration of the following occasions in
1998:
(i) The 85th anniversary of the birth of
President Ford.
(ii) The 80th anniversary of the birth of Mrs.
Ford.
(iii) The 50th wedding anniversary of
President and Mrs. Ford.
(iv) The 50th anniversary of the 1st election
of Gerald R. Ford to the United States to the
United States House of Representatives.
(v) The 25th anniversary of the approval of
Gerald R. Ford by the Congress to become Vice
President of the United States.
(2) For purposes of the presentation referred to in
subsection (b)(1), the Secretary of the Treasury shall strike a
gold medal with suitable emblems, devices, and inscriptions to
be determined by the Secretary.
(3) There are authorized to be appropriated not to exceed
$20,000 to carry out this subsection.
(4) The Secretary of the Treasury may strike and sell
duplicates in bronze of the gold medal struck pursuant to
subsection (b)(2) under such regulations as the Secretary may
prescribe, at a price sufficient to cover the cost thereof,
including labor, materials, dies, use of machinery, and overhead
expenses, and the cost of the gold medal.
[[Page 112 STAT. 2681-599]]
(5) The appropriation used to carry out this subsection
shall be reimbursed out of the proceeds of sales under
subsection (b)(4).
(6) The medals struck pursuant to this subsection are
national medals for purposes of chapter 51 of title 31, United
States Code.
(c) <<NOTE: 31 USC 5112 note.>> 6-Month Extension for Certain
Sales.--Notwithstanding section 101(7)(D) of the United States
Commemorative Coin Act of 1996, the Secretary of the Treasury may, at
any time before January 1, 1999, make bulk sales at a reasonable
discount to the Jackie Robinson Foundation of not less than 20 percent
of any denomination of proof and uncirculated coins minted under section
101(7) of such Act which remained unissued as of July 1, 1998, except
that the total number of coins of any such denomination which were
issued under such section or this section may not exceed the amount of
such denomination of coins which were authorized to be minted and issued
under section 101(7)(A) of such Act.
Sec. 140. (a) Land Conveyance, San Joaquin County, California.--
Notwithstanding any other provision of law (including the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 471 et
seq.)), the Attorney General shall convey, by quit claim deed and by
negotiated sale, to the City of Tracy, California (in this section
referred to as the ``City''), the interest of the United States in a
parcel of real property consisting of approximately 200 acres located in
San Joaquin County, California, and currently administered by the
Federal Bureau of Prisons of the Department of Justice. The Attorney
General shall complete the conveyance to the City not later than 120
days after the date of the enactment of this Act.
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Attorney General.
The cost of the survey shall be borne by the City.
(c) Purpose of Conveyance.--The purpose of the real property
conveyance under subsection (a) is to permit the City to use
approximately 150 acres of the conveyed property as the location of a
joint secondary and post secondary educational facility and for other
educational purposes and to use approximately 50 acres of the conveyed
property for economic development. In the event that the City determines
that a joint secondary and post secondary educational facility is
unfeasible for the 150-acre portion of the conveyed property, the City
shall use up to 50 acres of that portion for at least 30 years as the
location for a secondary school and for other educational purposes and
use up to 100 acres of that portion as a public park and for other
recreational purposes.
(d) Conditions on Use.--(1) The use of the real property conveyed
under subsection (a) for educational purposes, as provided in subsection
(c), shall be subject to the approval of the Secretary of Education.
(2) The use of the conveyed real property for economic development,
as provided in subsection (c), shall be subject to the approval of the
Attorney General.
(3) If a portion of the conveyed real property is used as a public
park or for other recreational purposes, as provided in subsection (c),
the use of such portion shall be subject to the approval of the
Secretary of the Interior.
[[Page 112 STAT. 2681-600]]
(e) Reversionary Interests.--(1) If the Secretary of Education
determines at any time that the portion of the real property conveyed
under subsection (a) that is to be used for educational purposes is not
being used for such purposes, all right, title, and interest in and to
that portion of the property, including any improvements thereon, shall
revert to the United States.
(2) If the Attorney General determines at any time that the portion
of the real property conveyed under subsection (a) that is to be used
for economic development is not being used for such purposes, all right,
title, and interest in and to that portion of the property, including
any improvements thereon, shall revert to the United States.
(3) If a portion of the real property conveyed under subsection (a)
is used as a public park or for other recreational purposes, as provided
in subsection (c), and the Secretary of the Interior determines that
such portion is no longer being used for such purposes, all right,
title, and interest in and to that portion of the property, including
any improvements thereon, shall revert to the United States.
(f) Additional Terms and Conditions.--The Attorney General may
require such additional terms and conditions in connection with the
conveyance under subsection (a) as the Attorney General considers
appropriate to protect the interests of the United States.
Sec. 141. <<NOTE: Lorton Technical Corrections Act of 1998.>> (a)
Short Title. This section may be cited as the ``Lorton Technical
Corrections Act of 1998''.
(b) Transfer of Land to General Services Administration. Section
11201 of the National Capital Revitalization and Self-Government
Improvement Act of 1997 (Public Law 105-33; D.C. Code 24-1201) is
amended--
(1) by redesignating the second subsection (g) and
subsection (h) as subsections (h) and (i);
(2) in subsection (g)(1)--
(A) by inserting ``(A)'' before ``Notwithstanding'';
(B) by striking ``Except as provided in paragraph
(2)'' and all that follows through ``Department of the
Interior.''; and
(C) by adding at the end the following new
subparagraphs:
``(B) <<NOTE: Government organization.>> Contingent on the
General Services Administration (GSA) receiving the necessary
appropriations to carry out the requirements of this paragraph
and subsection (g), and notwithstanding the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 471 et seq.), not
later than 60 days after the date of the enactment of the Lorton
Technical Corrections Act of 1998, any property on which the
Lorton Correctional Complex is located shall be transferred to
the GSA.
``(C) Not later than 1 year after the date of the enactment
of the Lorton Technical Corrections Act of 1998, Fairfax County
shall submit a reuse plan that complies with all requisite
approvals to the Administrator of General Services, that aims to
maximize use of the land for open space, park land, or
recreation, while delineating permissible or required uses,
potential development densities, and any time limits on such
development factors of the property on which the Lorton
Correctional Complex is located.
``(D) Not later than 180 days after the date of the
enactment of the Lorton Technical Corrections Act of 1998, the
Secretary
[[Page 112 STAT. 2681-601]]
of the Interior shall notify GSA of any property it requests to
be transferred to the Department of the Interior for the purpose
of a land exchange by the United States Fish and Wildlife
Service within the Commonwealth of Virginia or such other
purposes consistent with the reuse plan developed by Fairfax
County as the Secretary may request. The Administrator of
General Services shall approve the Secretary's request to the
extent that the request is consistent with the reuse plan
developed by Fairfax County and does not result in a significant
reduction in the marketability or value of any remaining
property. The Administrator of General Services shall coordinate
with the Secretary of the Interior to resolve any conflicts
presented by the Department of the Interior's request and shall
transfer the property to the Department of the Interior at no
cost.
``(E) Any property not transferred to the Department of the
Interior under subparagraph (D) shall be disposed of according
to paragraphs (2) and (4).'';
(3) in subsection (g)(2)(A)(ii) by striking ``Department of
Parks and Recreation'' each place it appears and inserting
``Park Authority'';
(4) in subsection (g) by adding at the end the following new
paragraphs:
``(4) Conditions on transfer of lorton property east of ox
road (state route 123).--
``(A) In general.--With respect to property east of
Ox Road (State Route 123) on which the Lorton
Correctional Complex is located, the Administrator of
General Services shall--
``(i) cooperate with the District of Columbia
Corrections Trustee to determine property
necessary for the Trustee to
maintain the security of the Lorton Correctional Complex until its
closure;
``(ii) prepare a report of title, complete a
property description, provide protection and
maintenance, conduct an environmental assessment
of the property to determine the extent of
contamination, complete National Environmental
Policy Act of 1969 (42 U.S.C. 4331 et seq.) and
National Historic Preservation Act (16 U.S.C. 470
et seq.) processes for closure and disposal of the
property, and provide an estimate of the cost for
remediation and contingent on receiving the
necessary appropriations complete the remediation
in compliance with applicable Federal and State
environmental laws;
``(iii) develop a disposition strategy
incorporating the Fairfax County reuse plan and
the Department of the Interior's land transfer
request, and resolve conflicts between the plan
and the transfer request, or between the reuse
plan, the transfer request and the results of the
environmental studies;
``(iv) negotiate with any entity that has a
lease, agreement, memorandum of understanding,
right-of-way, or easement with the District of
Columbia to occupy or utilize any parcels of such
property on the date of the enactment of this
title, to perfect or extend
[[Page 112 STAT. 2681-602]]
such lease, agreement, memorandum of
understanding, right-of-way, or easement;
``(v) transfer any property identified for use
for open space, park land, or recreation in the
Fairfax County reuse plan to the Northern Virginia
Regional Park Authority, the Fairfax County Park
Authority, or another public entity, subject to
the condition that the recipient use the conveyed
property only for open space, park land, or
recreation and that the transfer be at fair market
value considering the highest and best use of the
property to be open space, park land, and
recreation;
``(vi) not later than 60 days after the
property is transferred to the General Services
Administration, transfer at fair market value the
six-acre parcel east of Shirley Highway on
Interstate 95 to Amtrak, subject to such terms and
conditions as the Administrator determines to be
in the best interest of the United States;
``(vii) dispose of any parcels not reserved by
the Department of the Interior and not otherwise
addressed under this subparagraph at fair market
value, subject to such terms and conditions as the
Administrator determines to be in the best
interest of the United States;
``(viii) deposit any proceeds from the sale of
property on which the Lorton Correctional Complex
is located into a special fund established in the
treasury for purposes of covering real property
utilization and disposal related expenses,
including environmental compliance and remediation
for the Lorton Correctional Complex until all
property has been conveyed; and
``(ix) deposit any remaining funds in the
Policy and Operations appropriation account of the
General Services Administration to be used for
real property utilization and disposal activities
until expended.
``(B) Report.--Not later than 90 days after the date
of the receipt of the Fairfax County reuse plan and the
Department of the Interior property transfer request by
the Administrator of General Services, the Administrator
shall report to the Committees on Appropriations and
Government Reform and Oversight of the House of
Representatives, and the Committees on Appropriations
and Governmental Affairs of the Senate on plans to
comply with the terms of this paragraph and any
estimated costs associated with such compliance.
``(C) Authorization.--There is authorized to be
appropriated such sums as are necessary from the general
funds of the Treasury, to remain available until
expended, to the Policy and Operations appropriation
account of the General Services Administration for the
real property utilization and disposal activities in
carrying out the provisions of this title.
``(5) Jurisdiction.--Any property disposed of according to
paragraphs (2) and (4) shall be under the jurisdiction of the
Commonwealth of Virginia. Any development of such property and
any property transferred to the Department of the Interior
[[Page 112 STAT. 2681-603]]
for exchange purposes shall comply with any applicable planning
and zoning requirements of Fairfax County and the Fairfax County
reuse plan.''.
Sec. 142. <<NOTE: Olympic and Amateur Sports Act Amendments of
1998. 36 USC 101 note.>> Olympic and Amateur Sports. (a) Short Title.--
This section may be cited as the ``Olympic and Amateur Sports Act
Amendments of 1998''.
(b) Amendment of Title 36, United States Code; Title of Chapter.--
(1) Except as otherwise expressly provided, whenever in this
section an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or other
provision of title 36, United States Code.
(2) Section 220501 is amended--
(A) by striking ``Definitions'' in the heading and
inserting ``Title and Definitions'';
(B) by inserting after the heading the following:
``(a) <<NOTE: Short title.3Ante, p. 1465.>> Title.--This chapter may
be cited as the `Ted Stevens Olympic and Amateur Sports Act'.''; and
(C) by inserting ``(b) Definitions.--'' immediately
before ``For the purposes of''.
(c) Definitions.--Section 220501 is amended by--
(1) inserting ``or paralympic sports organization'' after
``national governing body'' in paragraph (1);
(2) redesignating paragraph (7) as paragraph (8); and
(3) inserting after paragraph (6) the following:
``(7) `paralympic sports organization' means an amateur sports
organization which is recognized by the corporation under section 220521
of this title.''.
(d) Purposes.--Section 220503 is amended by--
(1) striking ``Olympic Games'' each place it appears in
paragraphs (3) and (4) and inserting ``Olympic Games, the
Paralympic Games,''; and
(2) striking paragraph (13) and inserting the following:
``(13) to encourage and provide assistance to amateur
athletic programs and competition for amateur athletes with
disabilities, including, where feasible, the expansion of
opportunities for meaningful participation by such amateur
athletes in programs of athletic competition for able-bodied
amateur athletes; and''.
(e) Membership.--Section 220504(b) is amended by--
(1) striking paragraphs (1) and (2) and inserting the
following:
``(1) amateur sports organizations recognized as national
governing bodies and paralympic sports organizations in
accordance with section 220521 of this title, including through
provisions which establish and maintain a National Governing
Bodies' Council composed of representatives of the national
governing bodies and any paralympic sports organizations and
selected by their boards of directors or such other governing
boards to ensure effective communication between the corporation
and such national governing bodies and paralympic sports
organizations;
``(2) amateur athletes who are actively engaged in amateur
athletic competition or who have represented the United States
in international amateur athletic competition within the
preceding 10 years, including through provisions which--
[[Page 112 STAT. 2681-604]]
``(A) <<NOTE: Establishment.>> establish and
maintain an Athletes' Advisory Council composed of, and
elected by, such amateur athletes to ensure
communication between the corporation and such amateur
athletes; and
``(B) ensure that the membership and voting power
held by such amateur athletes is not less than 20
percent of the membership and voting power held in the
board of directors of the corporation and in the
committees and entities of the corporation;''; and
(2) inserting a comma and ``the Paralympic Games,'' after
``Olympic Games'' in paragraph (3).
(f) Powers.--
(1) General corporate powers.--Section 220505(b)(9) is
amended by striking ``sued; and'' and inserting ``sued, except
that any civil action brought in a State court against the
corporation and solely relating to the corporation's
responsibilities under this Act shall be removed, at the request
of the corporation, to the district court of the United States
in the district in which the action was brought, and such
district court shall have original jurisdiction over the action
without regard to the amount in controversy or citizenship of
the parties involved, and except that neither this paragraph nor
any other provision of this chapter shall create a private right
of action under this chapter; and''.
(2) Powers related to amateur athletics and the olympic
games.--Section 220505(c) is amended by--
(A) striking ``Organization;'' in paragraph (2) and
inserting ``Organization and as its national Paralympic
committee in relations with the International Paralympic
Committee;'';
(B) striking ``Games and of'' in paragraph (3) and
inserting ``Games, the Paralympic Games, and'';
(C) striking ``Games;'' in paragraph (4) and
inserting ``Games, or as paralympic sports organizations
for any sport that is included on the program of the
Paralympic Games;''; and
(D) striking ``Games,'' in paragraph (5) and
inserting ``Games, the Paralympic Games, the Pan-
American Games, world championship competition,''.
(g) Use of Olympic, Paralympic, and Pan-American Symbols.--Section
220506 is amended by--
(1) striking ``rings;'' in subsection (a)(2) and inserting
``rings, the symbol of the International Paralympic Committee,
consisting of 3 TaiGeuks, or the symbol of the Pan-American
Sports Organization, consisting of a torch surrounded by
concentric rings;'';
(2) inserting `` `Paralympic', `Paralympiad', `Pan-
American', `America Espirito Sport Fraternite','' before ``or
any combination'' in subsection (a)(4);
(3) inserting a comma and ``International Paralympic
Committee, the Pan-American Sports Organization,'' after
``International Olympic Committee'' in subsection (b);
(4) inserting ``the Paralympic team,'' before ``the Pan-
American team'' in subsection (b);
(5) inserting a comma and ``Paralympic, or Pan-American
Games'' after ``any Olympic'' in subsection (c)(3);
[[Page 112 STAT. 2681-605]]
(6) inserting a comma and ``the International Paralympic
Committee, the Pan-American Sports Organization,'' after
``International Olympic Committee'' in subsection (c)(4);
(7) inserting ``AND GEOGRAPHIC REFERENCE'' after ``PRE-
EXISTING'' in subsection (d); and
(8) adding at the end of subsection (d) the following:
``(3) Use of the word `Olympic' to identify a business or
goods or services is permitted by this section where--
``(A) such use is not combined with any of the
intellectual properties referenced in subsections (a) or
(c) of this section;
``(B) it is evident from the circumstances that such
use of the word `Olympic' refers to the naturally
occurring mountains or geographical region of the same
name that were named prior to February 6, 1998, and not
to the corporation or any Olympic activity; and
``(C) such business, goods, or services are
operated, sold, and marketed in the State of Washington
west of the Cascade Mountain range and operations,
sales, and marketing outside of this area are not
substantial.''.
(h) Resolution of Disputes.--Section 220509 is amended by--
(1) inserting ``(a) General.--'' before ``The corporation'';
(2) inserting ``the Paralympic Games,'' before ``the Pan-
American Games'';
(3) inserting after ``the corporation.'' the following: ``In
any lawsuit relating to the resolution of a dispute involving
the opportunity of an amateur athlete to participate in the
Olympic Games, the Paralympic Games, or the Pan-American Games,
a court shall not grant injunctive relief against the
corporation within 21 days before the beginning of such games if
the corporation, after consultation with the chair of the
Athletes' Advisory Council, has provided a sworn statement in
writing executed by an officer of the corporation to such court
that its constitution and bylaws cannot provide for the
resolution of such dispute prior to the beginning of such
games.''; and
(4) adding at the end thereof the following:
``(b) Ombudsman.--
``(1) The corporation shall hire and provide salary,
benefits, and administrative expenses for an ombudsman for
athletes, who shall--
``(A) provide independent advice to athletes at no
cost about the applicable provisions of this chapter and
the constitution and bylaws of the corporation, national
governing bodies, a paralympic sports organizations,
international sports federations, the International
Olympic Committee, the International Paralympic
Committee, and the Pan-American Sports Organization, and
with respect to the resolution of any dispute involving
the opportunity of an amateur athlete to participate in
the Olympic Games, the Paralympic Games, the Pan-
American Games, world championship competition or other
protected competition as defined in the constitution and
bylaws of the corporation;
``(B) assist in mediating any such disputes; and
``(C) report to the Athletes' Advisory Council on a
regular basis.
``(2)(A) The procedure for hiring the ombudsman for athletes
shall be as follows:
[[Page 112 STAT. 2681-606]]
``(i) The Athletes' Advisory Council shall provide
the corporation's executive director with the name of
one qualified person to serve as ombudsman for athletes.
``(ii) The corporation's executive director shall
immediately transmit the name of such person to the
corporation's executive committee.
``(iii) The corporation's executive committee shall
hire or not hire such person after fully considering the
advice and counsel of the Athletes' Advisory Council.
``If there is a vacancy in the position of the ombudsman for
athletes, the nomination and hiring procedure set forth in this
paragraph shall be followed in a timely manner.
``(B) The corporation may terminate the employment of an
individual serving as ombudsman for athletes only if--
``(i) the termination is carried out in accordance
with the applicable policies and procedures of the
corporation;
``(ii) the termination is initially recommended to
the corporation's executive committee by either the
corporation's executive director or by the Athletes'
Advisory Council; and
``(iii) the corporation's executive committee fully
considers the advice and counsel of the Athletes'
Advisory Council prior to deciding whether or not to
terminate the employment of such individual.''.
(i) Agent for Service of Process.--The text of section 220510 is
amended to read as follows: ``As a condition to the exercise of any
power or privilege granted by this chapter, the corporation shall have a
designated agent in the State of Colorado to receive service of process
for the corporation. Notice to or service on the agent, or mailed to the
business address of the agent, is notice to or service on the
corporation.''.
(j) Report.--
(1) Section 220511(a) is amended to read as follows:
``(a) Submission to President and Congress.--The corporation shall,
on or before the first day of June, 2001, and every fourth year
thereafter, transmit simultaneously to the President and to each House
of Congress a detailed report of its operations for the preceding 4
years, including--
``(1) a complete statement of its receipts and expenditures;
``(2) a comprehensive description of the activities and
accomplishments of the corporation during such 4-year period;
``(3) data concerning the participation of women, disabled
individuals, and racial and ethnic minorities in the amateur
athletic activities and administration of the corporation and
national governing bodies; and
``(4) a description of the steps taken to encourage the
participation of women, disabled individuals, and racial
minorities in amateur athletic activities.''.
(2) The chapter analysis for chapter 2205 is amended by
striking the item relating to section 220511 and inserting the
following:
``220511. Report.''.
(k) Complete Teams.--
(1) General.--Subchapter I of chapter 2205 is amended by
adding at the end thereof the following:
[[Page 112 STAT. 2681-607]]
``Sec. 220512. Complete teams
``In obtaining representation for the United States in each
competition and event of the Olympic Games, Paralympic Games, and Pan-
American Games, the corporation, either directly or by delegation to the
appropriate national governing body or paralympic sports organization,
may select, but is not obligated to select (even if not selecting will
result in an incomplete team for an event), athletes who have not met
the eligibility standard of the national governing body and the
Corporation, when the number of athletes who have met the eligibility
standards of such entities is insufficient to fill the roster for an
event.''.
(2) The chapter analysis for chapter 2205 is amended by
inserting after the item relating to section 220511 the
following:
``220512. Complete teams.''.
(l) Recognition of Amateur Sports Organizations.--Section 220521 is
amended by--
(1) striking the first sentence of subsection (a) and
inserting the following: ``For any sport which is included on
the program of the Olympic Games, the Paralympic Games, or the
Pan-American Games, the corporation is authorized to recognize
as a national governing body (in the case of a sport on the
program of the Olympic Games or Pan-American Games) or as a
paralympic sports organization (in the case of a sport on the
program of the Paralympic Games for which a national governing
body has not been designated under section 220522(b)) an amateur
sports organization which files an application and is eligible
for such recognition in accordance with the provisions of
subsections (a) or (b) of section 220522.'';
(2) striking ``approved.'' in subsection (a) and inserting
``approved, except as provided in section 220522(b) with respect
to a paralympic sports organization.'';
(3) striking ``hold a public hearing'' in subsection (b) and
inserting ``hold at least 2 public hearings'';
(4) striking ``hearing.'' each place it appears in
subsection (b) and inserting ``hearings.''; and
(5) adding at the end of subsection (b) the following: ``The
corporation shall send written notice, which shall include a
copy of the application, at least 30 days prior to the date of
any such public hearing to all amateur sports organizations
known to the corporation in that sport.''.
(m) Eligibility Requirements.--Section 220522 is amended by--
(1) inserting ``(a) General.--'' before ``An amateur'';
(2) striking paragraph (4) and inserting the following:
``(4) agrees to submit to binding arbitration in any
controversy involving--
``(A) its recognition as a national governing body,
as provided for in section 220529 of this title, upon
demand of the corporation; and
``(B) the opportunity of any amateur athlete, coach,
trainer, manager, administrator or official to
participate in amateur athletic competition, upon demand
of the corporation or any aggrieved amateur athlete,
coach, trainer, manager, administrator or official,
conducted in accordance with the Commercial Rules of the
American Arbitration Association, as modified and
provided for in the
[[Page 112 STAT. 2681-608]]
corporation's constitution and bylaws, except that if
the Athletes' Advisory Council and National Governing
Bodies' Council do not concur on any modifications to
such Rules, and if the corporation's executive committee
is not able to facilitate such concurrence, the
Commercial Rules of Arbitration shall apply unless at
least two-thirds of the corporation's board of directors
approves modifications to such Rules;'';
(3) striking paragraph (10) and inserting the following:
``(10) demonstrates, based on guidelines approved by the
corporation, the Athletes' Advisory Council, and the National
Governing Bodies' Council, that its board of directors and other
such governing boards have established criteria and election
procedures for and maintain among their voting members
individuals who are actively engaged in amateur athletic
competition in the sport for which recognition is sought or who
have represented the United States in international amateur
athletic competition within the preceding 10 years, that any
exceptions to such guidelines by such organization
have been approved by the corporation, and that the voting power held by
such individuals is not less than 20 percent of the voting power held in
its board of directors and other such governing boards;'';
(4) inserting ``or to participation in the Olympic Games,
the Paralympic Games, or the Pan-American Games'' after
``amateur status'' in paragraph (14); and
(5) adding at the end thereof the following:
``(b) Recognition of Paralympic Sports Organizations.--For any sport
which is included on the program of the Paralympic Games, the
corporation is authorized to designate, where feasible and when such
designation would serve the best interest of the sport, and with the
approval of the affected national governing body, a national governing
body recognized under subsection (a) to govern such sport. Where such
designation is not feasible or would not serve the best interest of the
sport, the corporation is authorized to recognize another amateur sports
organization as a paralympic sports organization to govern such sport,
except that, notwithstanding the other requirements of this chapter, any
such paralympic sports organization--
``(1) shall comply only with those requirements, perform
those duties, and have those powers that the corporation, in its
sole discretion, determines are appropriate to meet the objects
and purposes of this chapter; and
``(2) may, with the approval of the corporation, govern more
than one sport included on the program of the Paralympic
Games.''.
(n) Authority of National Governing Bodies.--Section 220523 is
amended by--
(1) striking ``Games and'' in paragraph (6) and inserting
``Games, the Paralympic Games, and''; and
(2) striking ``Games and'' in paragraph (7) and inserting
``Games, the Paralympic Games, and''.
(o) Duties of National Governing Bodies.--Section 220524 is amended
by--
(1) redesignating paragraphs (4) through (8) as paragraphs
(5) through (9); and
(2) inserting after paragraph (3) the following:
[[Page 112 STAT. 2681-609]]
``(4) disseminate and distribute to amateur athletes,
coaches, trainers, managers, administrators, and officials in a
timely manner the applicable rules and any changes to such rules
of the national governing body, the corporation, the appropriate
international sports federation, the International Olympic
Committee, the International Paralympic Committee, and the Pan-
American Sports Organization;''.
(p) Replacement of National Governing Body.--Section 220528 is
amended by--
(1) striking ``Olympic Games or both'' in subsection
(c)(1)(A) and inserting ``Olympic Games or the Paralympic Games,
or in both'';
(2) striking ``registered'' in subsection (c)(2) and
inserting ``certified'';
(3) striking ``body.'' in subsection (c)(2) and inserting
``body and with any other organization that has filed an
application.'';
(4) inserting ``open to the public'' in subsection (d) after
``formal hearing'' in the first sentence;
(5) inserting after the second sentence in subsection (d)
the following: ``The corporation also shall send written notice,
including a copy of the application, at least 30 days prior to
the date of the hearing to all amateur sports organizations
known to the corporation in that sport.''; and
(6) striking ``title.'' in subsection (f)(4) and inserting
``title and notify such national governing body of such
probation and of the actions needed to comply with such
requirements.''.
(q) <<NOTE: 36 USC 220501 note.>> Special Report to Congress.--Five
years from the date of the enactment of this Act, the United States
Olympic Committee shall submit a special report to the Congress on the
effectiveness of the provisions of chapter 2205 of title 36, United
States Code, as amended by this Act, together with any additional
proposed changes to that chapter the United States Olympic Committee
determines are appropriate.
Sec. 143. Section 8106(a) of the Department of Defense
Appropriations Act, 1997 (titles I through VIII of the matter under
section 101(b) of Public Law 104-208; 110 Stat. 3009-111; 10 U.S.C. 113
note), is amended by striking ``$3,000,000'' and inserting
``$1,000,000''.
Sec. 144. Section 8120 of the Department of Defense Appropriations
Act, 1999, <<NOTE: Ante, p. 2332.>> is amended by striking out ``owned,
or partially owned by'' and inserting in lieu thereof ``if the Secretary
of Defense determines that'', and is further amended by inserting before
the period ``owns more than a fifty per centum interest in the
company''.
Sec. 145. Modification of Land Conveyance Authority, Armed Forces
Retirement Home. (a) Postponement of Sale.--Subsection (a) of section
1053 of the National Defense Authorization Act for Fiscal Year 1997
(Public Law 104-201), as amended by section 1043 of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999, <<NOTE: 110
Stat. 2650.>> is further amended--
(1) by inserting ``(1)'' before ``Notwithstanding''; and
(2) by adding at the end the following:
``(2) The sale under paragraph (1) may not occur before April 30,
1999.''.
(b) Deposit of Proceeds of Sale.--Subsection (b) of such section
1053, as so amended, is further amended by adding at the end the
following:
[[Page 112 STAT. 2681-610]]
``(3) The payment received under paragraph (2) shall be deposited in
the Armed Forces Retirement Home Trust Fund in accordance with section
1519(a)(2) of the National Defense Authorization Act for Fiscal Year
1991 (104 Stat. 1730; 24 U.S.C. 419(a)(2)).''.
Sec. 146. Certification of Exports of Missile Equipment or
Technology to China. (a) Certification.--Section 1512 of the Strom
Thurmond National Defense Authorization Act for Fiscal Year
1999 <<NOTE: 22 USC 2778 note.>> is amended--
(1) by striking ``The'' and inserting ``(a) Certification.--
The''; and
(2) by adding at the end the following:
``(b) Exception.--The certification requirement contained in
subsection (a) 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.''.
(b) <<NOTE: 22 USC 2778 note.>> Effective Date.--The amendments made
by this section shall take effect on the later of--
(1) the enactment of this Act; or
(2) the enactment of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999.
Sec. 147. The Secretary of the Navy, in consultation with the
Commandant of the Marine Corps, shall 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 these
requirements: Provided, That, pursuant to section 8005 of the Department
of Defense Appropriations Act, 1999, the Secretary of the Navy may
transfer funds sufficient to ensure that the F/A-18 production
capability remains available to meet Marine Corps F/A-18 warfighting and
attrition reserve aircraft requirements through additional aircraft
production.
Sec. 148. Section 8135 of the Department of Defense Appropriations
Act, 1992 (Public Law 102-172; 105 Stat. 1212; 37 U.S.C. 301b note), is
amended--
(1) in subsection (a), by inserting before the period at the
end the following: ``or as a supplemental payment if the
officer's final military pay account is already settled''; and
(2) in subsection (b)--
(A) by inserting ``applies'' after ``subsection
(a)'';
(B) by striking ``January 17, 1991'' and inserting
``August 2, 1990'';
(C) by inserting ``(regardless of the date of the
commencement of combatant activities in such zone as
specified in that Executive Order)'' after ``as a combat
zone''; and
(D) by striking ``section 302b'' and inserting
``section 301b''.
Sec. 149. (a) <<NOTE: Effective date. Termination date. 11 USC
1201 et seq., 1201 note.>> Chapter 12 of title 11 of the United States
Code, as in effect on September 30, 1998, is hereby reenacted for the
period beginning on October 1, 1998, and ending on April 1, 1999.
(b) All cases commenced or pending under chapter 12 of title 11,
United States Code, as reenacted under subsection (a), and all matters
and proceedings in or relating to such cases, shall be conducted and
determined under such chapter as if such chapter were continued in
effect after April 1, 1999. The substantive rights of parties in
connection with such cases, matters, and proceedings shall continue to
be governed under the laws applicable to such
[[Page 112 STAT. 2681-611]]
cases, matters, and proceedings as if such chapter were continued in
effect after April 1, 1999.
(c) This section shall take effect on October 1, 1998.
Sec. 150. (a) Extension of Agreement for State of Mississippi.--The
Secretary of the Interior shall offer to reinstate the Memorandum of
Agreement between the Mississippi Department of Wildlife Conservation
and the United States 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 the
State of Mississippi, except that--
(1) the duck hunting season shall end on January 31, 1999;
and
(2) the total number of days for the duck hunting season in
the State of Mississippi shall not exceed 51 days.
(b) Extension of Agreement to Other States.--At the request of any
other State represented on the Lower-Region Regulations Committee of the
Mississippi Flyway Council, the Secretary of the Interior shall extend
the agreement described in subsection (a) to that State for the 1998-
1999 duck hunting season if the State agrees to reduce the total number
of days of the duck hunting season in the State to the extent necessary
to result in no net increase in the duck harvest in the State for that
season.
SEC. 151. <<NOTE: Federal Vacancies Reform Act of 1998. 5 USC 3301
note.>> FEDERAL VACANCIES AND APPOINTMENTS.
(a) Short Title.--This section may be cited as the ``Federal
Vacancies Reform Act of 1998''.
(b) In General.--Chapter 33 of title 5, United States Code, is
amended by striking sections 3345 through 3349 and inserting the
following:
``Sec. 3345. Acting officer
``(a) If an officer of an Executive agency (including the Executive
Office of the President, and other than the General Accounting Office)
whose appointment to office is required to be made by the President, by
and with the advice and consent of the Senate, dies, resigns, or is
otherwise unable to perform the functions and duties of the office--
``(1) the first assistant to the office of such officer
shall perform the functions and duties of the office temporarily
in an acting capacity subject to the time limitations of section
3346;
``(2) notwithstanding paragraph (1), the President (and only
the President) may direct a person who serves in an office for
which appointment is required to be made by the President, by
and with the advice and consent of the Senate, to perform the
functions and duties of the vacant office temporarily in an
acting capacity subject to the time limitations of section 3346;
or
``(3) notwithstanding paragraph (1), the President (and only
the President) may direct an officer or employee of such
Executive agency to perform the functions and duties of the
vacant office temporarily in an acting capacity, subject to the
time limitations of section 3346, if--
``(A) during the 365-day period preceding the date
of death, resignation, or beginning of inability to
serve of
[[Page 112 STAT. 2681-612]]
the applicable officer, the officer or employee served
in a position in such agency for not less than 90 days;
and
``(B) the rate of pay for the position described
under subparagraph (A) is equal to or greater than the
minimum rate of pay payable for a position at GS-15 of
the General Schedule.
``(b)(1) Notwithstanding subsection (a)(1), a person may not serve
as an acting officer for an office under this section, if--
``(A) during the 365-day period preceding the date of the
death, resignation, or beginning of inability to serve, such
person--
``(i) did not serve in the position of first
assistant to the office of such officer; or
``(ii) served in the position of first assistant to
the office of such officer for less than 90 days; and
``(B) the President submits a nomination of such person to
the Senate for appointment to such office.
``(2) Paragraph (1) shall not apply to any person if--
``(A) such person is serving as the first assistant to the
office of an officer described under subsection (a);
``(B) the office of such first assistant is an office for
which appointment is required to be made by the President, by
and with the advice and consent of the Senate; and
``(C) the Senate has approved the appointment of such person
to such office.
``(c)(1) Notwithstanding subsection (a)(1), the President (and only
the President) may direct an officer who is nominated by the President
for reappointment for an additional term to the same office in an
Executive department without a break in service, to continue to serve in
that office subject to the time limitations in section 3346, until such
time as the Senate has acted to confirm or reject the nomination,
notwithstanding adjournment sine die.
``(2) For purposes of this section and sections 3346, 3347, 3348,
3349, 3349a, and 3349d, the expiration of a term of office is an
inability to perform the functions and duties of such office.
``Sec. 3346. Time limitation
``(a) Except in the case of a vacancy caused by sickness, the person
serving as an acting officer as described under section 3345 may serve
in the office--
``(1) for no longer than 210 days beginning on the date the
vacancy occurs; or
``(2) subject to subsection (b), once a first or second
nomination for the office is submitted to the Senate, from the
date of such nomination for the period that the nomination is
pending in the Senate.
``(b)(1) If the first nomination for the office is rejected by the
Senate, withdrawn, or returned to the President by the Senate, the
person may continue to serve as the acting officer for no more than 210
days after the date of such rejection, withdrawal, or return.
``(2) Notwithstanding paragraph (1), if a second nomination for the
office is submitted to the Senate after the rejection, withdrawal, or
return of the first nomination, the person serving as the acting officer
may continue to serve--
``(A) until the second nomination is confirmed; or
[[Page 112 STAT. 2681-613]]
``(B) for no more than 210 days after the second nomination
is rejected, withdrawn, or returned.
``(c) If a vacancy occurs during an adjournment of the Congress sine
die, the 210-day period under subsection (a) shall begin on the date
that the Senate first reconvenes.
``Sec. 3347. Exclusivity
``(a) Sections 3345 and 3346 are the exclusive means for temporarily
authorizing an acting official to perform the functions and duties of
any office of an Executive agency (including the Executive Office of the
President, and other than the General Accounting Office) for which
appointment is required to be made by the President, by and with the
advice and consent of the Senate, unless--
``(1) a statutory provision expressly--
``(A) authorizes the President, a court, or the head
of an Executive department, to designate an officer or
employee to perform the functions and duties of a
specified office temporarily in an acting capacity; or
``(B) designates an officer or employee to perform
the functions and duties of a specified office
temporarily in an acting capacity; or
``(2) the President makes an appointment to fill a vacancy
in such office during the recess of the Senate pursuant to
clause 3 of section 2 of article II of the United States
Constitution.
``(b) Any statutory provision providing general authority to the
head of an Executive agency (including the Executive Office of the
President, and other than the General Accounting Office) to delegate
duties statutorily vested in that agency head to, or to reassign duties
among, officers or employees of such Executive agency, is not a
statutory provision to which subsection (a)(2) applies.
``Sec. 3348. Vacant office
``(a) In this section--
``(1) the term `action' includes any agency action as
defined under section 551(13); and
``(2) the term `function or duty' means any function or duty
of the applicable office that--
``(A)(i) is established by statute; and
``(ii) is required by statute to be performed by the
applicable officer (and only that officer); or
``(B)(i)(I) is established by regulation; and
``(II) is required by such regulation to be
performed by the applicable officer (and only that
officer); and
``(ii) includes a function or duty to which clause
(i) (I) and (II) applies, and the applicable regulation
is in effect at any time during the 180-day period
preceding the date on which the vacancy occurs.
``(b) Unless an officer or employee is performing the functions and
duties in accordance with sections 3345, 3346, and 3347, if an officer
of an Executive agency (including the Executive Office of the President,
and other than the General Accounting Office) whose appointment to
office is required to be made by the President, by and with the advice
and consent of the Senate, dies, resigns, or is otherwise unable to
perform the functions and duties of the office--
[[Page 112 STAT. 2681-614]]
``(1) the office shall remain vacant; and
``(2) in the case of an office other than the office of the
head of an Executive agency (including the Executive Office of
the President, and other than the General Accounting Office),
only the head of such Executive agency may perform any function
or duty of such office.
``(c) If the last day of any 210-day period under section 3346 is a
day on which the Senate is not in session, the second day the Senate is
next in session and receiving
nominations shall be deemed to be the last day of such period.
``(d)(1) An action taken by any person who is not acting under
section 3345, 3346, or 3347, or as provided by subsection (b), in the
performance of any function or duty of a vacant office to which this
section and sections 3346, 3347, 3349, 3349a, 3349b, and 3349c apply
shall have no force or effect.
``(2) An action that has no force or effect under paragraph (1) may
not be ratified.
``(e) This section shall not apply to--
``(1) the General Counsel of the National Labor Relations
Board;
``(2) the General Counsel of the Federal Labor Relations
Authority;
``(3) any Inspector General appointed by the President, by
and with the advice and consent of the Senate;
``(4) any Chief Financial Officer appointed by the
President, by and with the advice and consent of the Senate; or
``(5) an office of an Executive agency (including the
Executive Office of the President, and other than the General
Accounting Office) if a statutory provision expressly prohibits
the head of the Executive agency from performing the functions
and duties of such office.
``Sec. 3349. Reporting of vacancies
``(a) The head of each Executive agency (including the Executive
Office of the President, and other than the General Accounting Office)
shall submit to the Comptroller General of the United States and to each
House of Congress--
``(1) notification of a vacancy in an office to which this
section and sections 3345, 3346, 3347, 3348, 3349a, 3349b,
3349c, and 3349d apply and the date such vacancy occurred
immediately upon the occurrence of the vacancy;
``(2) the name of any person serving in an acting capacity
and the date such service began immediately upon the
designation;
``(3) the name of any person nominated to the Senate to fill
the vacancy and the date such nomination is submitted
immediately upon the submission of the nomination; and
``(4) the date of a rejection, withdrawal, or return of any
nomination immediately upon such rejection, withdrawal, or
return.
``(b) If the Comptroller General of the United States makes a
determination that an officer is serving longer than the 210-day period
including the applicable exceptions to such period under section 3346 or
section 3349a, the Comptroller General shall report such determination
immediately to--
``(1) the Committee on Governmental Affairs of the Senate;
[[Page 112 STAT. 2681-615]]
``(2) the Committee on Government Reform and Oversight of
the House of Representatives;
``(3) the Committees on Appropriations of the Senate and
House of Representatives;
``(4) the appropriate committees of jurisdiction of the
Senate and House of Representatives;
``(5) the President; and
``(6) the Office of Personnel Management.
``Sec. 3349a. Presidential inaugural transitions
``(a) In this section, the term `transitional inauguration day'
means the date on which any person swears or affirms the oath of office
as President, if such person is not the President on the date preceding
the date of swearing or affirming such oath of office.
``(b) With respect to any vacancy that exists during the 60-day
period beginning on a transitional inauguration day, the 210-day period
under section 3346 or 3348 shall be deemed to begin on the later of the
date occurring--
``(1) 90 days after such transitional inauguration day; or
``(2) 90 days after the date on which the vacancy occurs.
``Sec. 3349b. Holdover provisions
``Sections 3345 through 3349a shall not be construed to affect any
statute that authorizes a person to continue to serve in any office--
``(1) after the expiration of the term for which such person
is appointed; and
``(2) until a successor is appointed or a specified period
of time has expired.
``Sec. 3349c. Exclusion of certain officers
``Sections 3345 through 3349b shall not apply to--
``(1) any member who is appointed by the President, by and
with the advice and consent of the Senate to any board,
commission, or similar entity that--
``(A) is composed of multiple members; and
``(B) governs an independent establishment or
Government corporation;
``(2) any commissioner of the Federal Energy Regulatory
Commission;
``(3) any member of the Surface Transportation Board; or
``(4) any judge appointed by the President, by and with the
advice and consent of the Senate, to a court constituted under
article I of the United States Constitution.
``Sec. 3349d. Notification of intent to nominate during certain recesses
or adjournments
``(a) The submission to the Senate, during a recess or adjournment
of the Senate in excess of 15 days, of a written notification by the
President of the President's intention to submit a nomination after the
recess or adjournment shall be considered a nomination for purposes of
sections 3345 through 3349c if such notification contains the name of
the proposed nominee and the office for which the person is nominated.
``(b) If the President does not submit a nomination of the person
named under subsection (a) within 2 days after the end
[[Page 112 STAT. 2681-616]]
of such recess or adjournment, effective after such second day the
notification considered a nomination under subsection (a) shall be
treated as a withdrawn nomination for purposes of sections 3345 through
3349c.''.
(c) Technical and Conforming Amendment.--
(1) Table of sections.--The table of sections for chapter 33
of title 5, United States Code, is amended by striking the
matter relating to subchapter III and inserting the following:
``3341. Details; within Executive or military departments.
``[3342. Repealed.]
``3343. Details; to international organizations.
``3344. Details; administrative law judges.
``3345. Acting officer.
``3346. Time limitation.
``3347. Exclusivity.
``3348. Vacant office.
``3349. Reporting of vacancies.
``3349a. Presidential inaugural transitions.
``3349b. Holdover provisions relating to certain independent
establishments.
``3349c. Exclusion of certain officers.
``3349d. Notification of intent to nominate during certain recesses or
adjournments.''.
(2) Subchapter heading.--The subchapter heading for
subchapter III of chapter 33 of title 5, United States Code, is
amended to read as follows:
``SUBCHAPTER III--DETAILS, VACANCIES, AND APPOINTMENTS''
(d) Effective <<NOTE: 5 USC 3345 note.>> Date and Application.--
(1) Effective date.--Subject to paragraph (2), this section
and the amendments made by this section shall take effect 30
days after the date of enactment of this section.
(2) Application.--
(A) In general.--This section shall apply to any
office that becomes vacant after the effective date of
this section.
(B) Immediate application of time limitation.--
Notwithstanding subparagraph (A), for any office vacant
on the effective date of this section, the time
limitations under section 3346 of title 5, United States
Code (as amended by this section) shall apply to such
office. Such time limitations shall apply as though such
office first became vacant on the effective date of this
section.
(C) Certain nominations.--If the President submits
to the Senate the nomination of any person after the
effective date of this section for an office for which
such person had been nominated before such date, the
next nomination of such person after such date shall be
considered a first nomination of such person to that
office for purposes of sections 3345 through 3349 and
section 3349d of title 5, United States Code (as amended
by this section).
TITLE <<NOTE: American Fisheries Act.>> II--FISHERIES
Subtitle I--Fishery Endorsements
SEC. 201. <<NOTE: 46 USC 2101 note.>> SHORT TITLE.
This title may be cited as the ``American Fisheries Act''.
[[Page 112 STAT. 2681-617]]
SEC. 202. STANDARD FOR FISHERY ENDORSEMENTS.
(a) Standard.--Section 12102(c) of title 46, United States Code, is
amended to read as follows--
``(c)(1) A vessel owned by a corporation, partnership, association,
trust, joint venture, limited liability company, limited liability
partnership, or any other entity is not eligible for a fishery
endorsement under section 12108 of this title unless at least 75 per
centum of the interest in such entity, at each tier of ownership of such
entity and in the aggregate, is owned and controlled by citizens of the
United States.
``(2) <<NOTE: Applicability.>> The Secretary shall apply section
2(c) of the Shipping Act, 1916 (46 App. U.S.C. 802(c)) in determining
under this subsection whether at least 75 per centum of the interest in
a corporation, partnership, association, trust, joint venture, limited
liability company, limited liability partnership, or any other entity is
owned and controlled by citizens of the United States. For the purposes
of this subsection and of applying the restrictions on controlling
interest in section 2(c) of such Act, the terms `control' or
`controlled'--
``(A) shall include--
``(i) the right to direct the business of the entity
which owns the vessel;
``(ii) the right to limit the actions of or replace
the chief executive officer, a majority of the board of
directors, any general partner, or any person serving in
a management capacity of the entity which owns the
vessel; or
``(iii) the right to direct the transfer, operation
or manning of a vessel with a fishery endorsement; and
``(B) shall not include the right to simply participate in
the activities under subparagraph (A), or the use by a mortgagee
under paragraph (4) of loan covenants approved by the Secretary.
``(3) A fishery endorsement for a vessel that is chartered or leased
to an individual who is not a citizen of the United States or to an
entity that is not eligible to own a vessel with a fishery endorsement
and used as a fishing vessel shall be invalid immediately upon such use.
``(4)(A) An individual or entity that is otherwise eligible to own a
vessel with a fishery endorsement shall be ineligible by reason of an
instrument or evidence of indebtedness, secured by a mortgage of the
vessel to a trustee eligible to own a vessel with a fishery endorsement
that is issued, assigned, transferred or held in trust for a person not
eligible to own a vessel with a fishery endorsement, unless the
Secretary determines that the issuance, assignment, transfer, or trust
arrangement does not result in an impermissible transfer of control of
the vessel and that the trustee--
``(i) is organized as a corporation, and is doing business,
under the laws of the United States or of a State;
``(ii) is authorized under those laws to exercise corporate
trust powers;
``(iii) is subject to supervision or examination by an
official of the United States Government or a State;
``(iv) has a combined capital and surplus (as stated in its
most recent published report of condition) of at least
$3,000,000; and
[[Page 112 STAT. 2681-618]]
``(v) meets any other requirements prescribed by the
Secretary.
``(B) A vessel with a fishery endorsement may be operated by a
trustee only with the approval of the Secretary.
``(C) A right under a mortgage of a vessel with a fishery
endorsement may be issued, assigned, or transferred to a person not
eligible to be a mortgagee of that vessel under section 31322(a)(4) of
this title only with the approval of the Secretary.
``(D) The issuance, assignment, or transfer of an instrument or
evidence of indebtedness contrary to this paragraph is voidable by the
Secretary.
``(5) The requirements of this subsection shall not apply to a
vessel when it is engaged in fisheries in the exclusive economic zone
under the authority of the Western Pacific Fishery Management Council
established under section 302(a)(1)(H) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1852(a)(1)(H)) or to a purse
seine vessel when it is engaged in tuna fishing in the Pacific Ocean
outside the exclusive economic zone of the United States or pursuant to
the South Pacific Regional Fisheries Treaty, provided that the owner of
the vessel continues to comply with the eligibility requirements for a
fishery endorsement under the federal law that was in effect on October
1, 1998. A fishery endorsement issued by the Secretary pursuant to this
paragraph shall be valid for engaging only in fisheries in the exclusive
economic zone under the authority of such Council, in such tuna fishing
in the Pacific Ocean, or pursuant to such Treaty.
``(6) A vessel greater than 165 feet in registered length, of more
than 750 gross registered tons, or that has an engine or engines capable
of producing a total of more than 3,000 shaft horsepower is not eligible
for a fishery endorsement under section 12108 of this title unless--
``(A)(i) a certificate of documentation was issued for the
vessel and endorsed with a fishery endorsement that was
effective on September 25, 1997;
``(ii) the vessel is not placed under foreign registry after
the date of the enactment of the American Fisheries Act; and
``(iii) in the event of the invalidation of the fishery
endorsement after the date of the enactment of the American
Fisheries Act, application is made for a new fishery endorsement
within fifteen (15) business days of such invalidation; or
``(B) the owner of such vessel demonstrates to the Secretary
that the regional fishery management council of jurisdiction
established under section 302(a)(1) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1852(a)(1))
has recommended after the date of the enactment of the American
Fisheries Act, and the Secretary of Commerce has approved,
conservation and management measures in accordance with such Act
to allow such vessel to be used in fisheries under such
council's authority.''.
(b) Preferred Mortgage.--Section 31322(a) of title 46, United States
Code is amended--
(1) by striking ``and'' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3)(B)
and inserting in lieu thereof a semicolon and ``and''; and
(3) by inserting at the end the following new paragraph:
[[Page 112 STAT. 2681-619]]
``(4) with respect to a vessel with a fishery endorsement
that is 100 feet or greater in registered length, has as the
mortgagee--
``(A) a person eligible to own a vessel with a
fishery endorsement under section 12102(c) of this
title;
``(B) a state or federally chartered financial
institution that satisfies the controlling interest
criteria of section 2(b) of the Shipping Act, 1916 (46
U.S.C. 802(b)); or
``(C) a person that complies with the provisions of
section 12102(c)(4) of this title.''.
SEC. 203. ENFORCEMENT OF STANDARD.
(a) Effective Date.--The amendments made by section 202 shall take
effect on October 1, 2001.
(b) <<NOTE: Federal Register, publication. 46 USC 12102
note.>> Regulations.--Final regulations to implement this subtitle shall
be published in the Federal Register by April 1, 2000. Letter rulings
and other interim interpretations about the effect of this subtitle and
amendments made by this subtitle on specific vessels may not be issued
prior to the publication of such final regulations. The regulations to
implement this subtitle shall prohibit impermissible transfers of
ownership or control, specify any transactions which require prior
approval of an implementing agency, identify transactions which do not
require prior agency approval, and to the extent practicable, minimize
disruptions to the commercial fishing industry, to the traditional
financing arrangements of such industry, and to the opportunity to form
fishery cooperatives.
(c) <<NOTE: 46 USC 12102 note.>> Vessels Measuring 100 Feet and
Greater.--(1) The Administrator of the Maritime Administration shall
administer section 12102(c) of title 46, United States Code, as amended
by this subtitle, with respect to vessels 100 feet or greater in
registered length. The owner of each such vessel shall file a statement
of citizenship setting forth all relevant facts regarding vessel
ownership and control with the Administrator of the Maritime
Administration on an annual basis to demonstrate compliance with such
section. Regulations to implement this subsection shall conform to the
extent practicable with the regulations establishing the form of
citizenship affidavit set forth in part 355 of title 46, Code of Federal
Regulations, as in effect on September 25, 1997, except that the form of
the statement under this paragraph shall be written in a manner to allow
the owner of each such vessel to satisfy any annual renewal requirements
for a certificate of documentation for such vessel and to comply with
this subsection and section 12102(c) of title 46, United States Code, as
amended by this Act, and shall not be required to be notarized.
(2) After October 1, 2001, transfers of ownership and control of
vessels subject to section 12102(c) of title 46, United States Code, as
amended by this Act, which are 100 feet or greater in registered length,
shall be rigorously scrutinized for violations of such section, with
particular attention given to leases, charters, mortgages, financing,
and similar arrangements, to the control of persons not eligible to own
a vessel with a fishery endorsement under section 12102(c) of title 46,
United States Code, as amended by this Act, over the management, sales,
financing, or other operations of an entity, and to contracts involving
the purchase over extended periods of time of all, or substantially all,
of the living marine resources harvested by a fishing vessel.
[[Page 112 STAT. 2681-620]]
(d) <<NOTE: 46 USC 12102 note.>> Vessels Measuring Less Than 100
Feet.--The Secretary of Transportation shall establish such requirements
as are reasonable and necessary to demonstrate compliance with section
12102(c) of title 46, United States Code, as amended by this Act, with
respect to vessels measuring less than 100 feet in registered length,
and shall seek to minimize the administrative burden on individuals who
own and operate such vessels.
(e) <<NOTE: 46 USC 12102 note.>> Endorsements Revoked.--The
Secretary of Transportation shall revoke the fishery endorsement of any
vessel subject to section 12102(c) of title 46, United States Code, as
amended by this Act, whose owner does not comply with such section.
(f) Penalty.--Section 12122 of title 46, United States Code, is
amended by inserting at the end the following new subsection:
``(c) In addition to penalties under subsections (a) and (b), the
owner of a documented vessel for which a fishery endorsement has been
issued is liable to the United States Government for a civil penalty of
up to $100,000 for each day in which such vessel has engaged in fishing
(as such term is defined in section 3 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1802)) within the exclusive
economic zone of the United States, if the owner or the representative
or agent of the owner knowingly falsified or concealed a material fact,
or knowingly made a false statement or representation with respect to
the eligibility of the vessel under section 12102(c) of this title in
applying for or applying to renew such fishery endorsement.''.
(g) Certain Vessels.--The vessels EXCELLENCE (United States official
number 967502), GOLDEN ALASKA (United States official number 651041),
OCEAN PHOENIX (United States official number 296779), NORTHERN TRAVELER
(United States official number 635986), and NORTHERN VOYAGER (United
States official number 637398) (or a replacement vessel for the NORTHERN
VOYAGER that complies with paragraphs (2), (5), and (6) of section
208(g) of this Act) shall be exempt from section 12102(c), as amended by
this Act, until such time after October 1, 2001 as more than 50 percent
of the interest owned and controlled in the vessel changes, provided
that the vessel maintains eligibility for a fishery endorsement under
the federal law that was in effect the day before the date of the
enactment of this Act, and unless, in the case of the NORTHERN TRAVELER
or the NORTHERN VOYAGER (or such replacement), the vessel is used in any
fishery under the authority of a regional fishery management council
other than the New England Fishery Management Council or Mid-Atlantic
Fishery Management Council established, respectively, under
subparagraphs (A) and (B) of section 302(a)(1) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1852(a)(1) (A) and
(B)), or in the case of the EXCELLENCE, GOLDEN ALASKA, or OCEAN PHOENIX,
the vessel is used to harvest any fish.
SEC. 204. REPEAL OF OWNERSHIP SAVINGS CLAUSE.
(a) Repeal.--Section 7(b) of the Commercial Fishing Industry Vessel
Anti-Reflagging Act of 1987 (Public Law 100-239; 46 U.S.C. 12102 note)
is hereby repealed.
(b) <<NOTE: 46 USC 12102 note.>> Effective Date.--Subsection (a)
shall take effect on October 1, 2001.
[[Page 112 STAT. 2681-621]]
Subtitle II--Bering <<NOTE: 16 USC 1851 note.>> Sea Pollock Fishery
SEC. 205. DEFINITIONS.
As used in this subtitle--
(1) the term ``Bering Sea and Aleutian Islands Management
Area'' has the same meaning as the meaning given for such term
in part 679.2 of title 50, Code of Federal Regulations, as in
effect on October 1, 1998;
(2) the term ``catcher/processor'' means a vessel that is
used for harvesting fish and processing that fish;
(3) the term ``catcher vessel'' means a vessel that is used
for harvesting fish and that does not process pollock onboard;
(4) the term ``directed pollock fishery'' means the fishery
for the directed fishing allowances allocated under paragraphs
(1), (2), and (3) of section 206(b);
(5) the term ``harvest'' means to commercially engage in the
catching, taking, or harvesting of fish or any activity that can
reasonably be expected to result in the catching, taking, or
harvesting of fish;
(6) the term ``inshore component'' means the following
categories that process groundfish harvested in the Bering Sea
and Aleutian Islands Management Area:
(A) shoreside processors, including those eligible
under section 208(f); and
(B) vessels less than 125 feet in length overall
that process less than 126 metric tons
per week in round-weight equivalents of an aggregate amount of pollock
and Pacific cod;
(7) the term ``Magnuson-Stevens Act'' means the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1801
et seq.);
(8) the term ``mothership'' means a vessel that receives and
processes fish from other vessels in the exclusive economic zone
of the United States and is not used for, or equipped to be used
for, harvesting fish;
(9) the term ``North Pacific Council'' means the North
Pacific Fishery Management Council established under section
302(a)(1)(G) of the Magnuson-Stevens Act (16 U.S.C.
1852(a)(1)(G));
(10) the term ``offshore component'' means all vessels not
included in the definition of ``inshore component'' that process
groundfish harvested in the Bering Sea and Aleutian Islands
Management Area;
(11) the term ``Secretary'' means the Secretary of Commerce;
and
(12) the term ``shoreside processor'' means any person or
vessel that receives unprocessed fish, except catcher/
processors, motherships, buying stations, restaurants, or
persons receiving fish for personal consumption or bait.
SEC. 206. ALLOCATIONS.
(a) <<NOTE: Effective date.>> Pollock Community Development Quota.--
Effective January 1, 1999, 10 percent of the total allowable catch of
pollock in the Bering Sea and Aleutian Islands Management Area shall be
allocated as a directed fishing allowance to the western Alaska
community development quota program established under section 305(i) of
the Magnuson-Stevens Act (16 U.S.C. 1855(i)).
[[Page 112 STAT. 2681-622]]
(b) <<NOTE: Effective date.>> Inshore/Offshore.--Effective January
1, 1999, the remainder of the pollock total allowable catch in the
Bering Sea and Aleutian Islands Management Area, after the subtraction
of the allocation under subsection (a) and the subtraction of allowances
for the incidental catch of pollock by vessels harvesting other
groundfish species (including under the western Alaska community
development quota program) shall be allocated as directed fishing
allowances as follows--
(1) 50 percent to catcher vessels harvesting pollock for
processing by the inshore component;
(2) 40 percent to catcher/processors and catcher vessels
harvesting pollock for processing by catcher/processors in the
offshore component; and
(3) 10 percent to catcher vessels harvesting pollock for
processing by motherships in the offshore component.
SEC. 207. BUYOUT.
(a) Federal Loan.--Under the authority of sections 1111 and 1112 of
title XI of the Merchant Marine Act, 1936 (46 U.S.C. App. 1279f and
1279g) and notwithstanding the requirements of section 312 of the
Magnuson-Stevens Act (16 U.S.C. 1861a), the Secretary shall, subject to
the availability of appropriations for the cost of the direct loan,
provide up to $75,000,000 through a direct loan obligation for the
payments required under subsection (d).
(b) Inshore Fee System.--Notwithstanding the requirements of section
304(d) or 312 of the Magnuson-Stevens Act (16 U.S.C. 1854(d) and 1861a),
the Secretary shall establish a fee for the repayment of such loan
obligation which--
(1) shall be six-tenths (0.6) of one cent for each pound
round-weight of all pollock harvested from the directed fishing
allowance under section 206(b)(1); and
(2) shall begin with such pollock harvested on or after
January 1, 2000, and continue without interruption until such
loan obligation is fully repaid; and
(3) shall be collected in accordance with section
312(d)(2)(C) of the Magnuson-Stevens Act (16 U.S.C.
1861a(d)(2)(C)) and in accordance with such other conditions as
the Secretary establishes.
(c) Federal Appropriation.--Under the authority of section
312(c)(1)(B) of the Magnuson-Stevens Act (16 U.S.C. 1861a(c)(1)(B)),
there are authorized to be appropriated $20,000,000 for the payments
required under subsection (d).
(d) Payments.--Subject to the availability of appropriations for the
cost of the direct loan under subsection (a) and funds under subsection
(c), the Secretary shall pay by not later than December 31, 1998--
(1) up to $90,000,000 to the owner or owners of the catcher/
processors listed in paragraphs (1) through (9) of section 209,
in such manner as the owner or owners, with the concurrence of
the Secretary, agree, except that--
(A) the portion of such payment with respect to the
catcher/processor listed in paragraph (1) of section 209
shall be made only after the owner submits a written
certification acceptable to the Secretary that neither
the owner nor a purchaser from the owner intends to use
such catcher/processor outside of the exclusive economic
[[Page 112 STAT. 2681-623]]
zone of the United States to harvest any stock of fish
(as such term is defined in section 3 of the Magnuson-
Stevens Fishery Conservation and Management Act (16
U.S.C. 1802)) that occurs within the exclusive economic
zone of the United States; and
(B) the portion of such payment with respect to the
catcher/processors listed in paragraphs (2) through (9)
of section 209 shall be made only after the owner or
owners of such catcher/processors submit a written
certification acceptable to the Secretary that such
catcher/processors will be scrapped by December 31, 2000
and will not, before that date, be used to harvest or
process any fish; and
(2)(A) if a contract has been filed under section 210(a) by
the catcher/processors listed in section 208(e), $5,000,000 to
the owner or owners of the catcher/processors listed in
paragraphs (10) through (14) of such section in such manner as
the owner or owners, with the concurrence of the Secretary,
agree; or
(B) if such a contract has not been filed by such date,
$5,000,000 to the owners of the catcher vessels eligible under
section 208(b) and the catcher/processors eligible under
paragraphs (1) through (20) of section 208(e), divided based on
the amount
of the harvest of pollock in the directed pollock fishery by each such
vessel in 1997 in such manner as the Secretary deems appropriate,
except that any such payments shall be reduced by any obligation to the
federal government that has not been satisfied by such owner or owners
of any such vessels.
(e) Penalty.--If the catcher/processor under paragraph (1) of
section 209 is used outside of the exclusive economic zone of the United
States to harvest any stock of fish that occurs within the exclusive
economic zone of the United States while the owner who received the
payment under subsection (d)(1)(A) has an ownership interest in such
vessel, or if the catcher/processors listed in paragraphs (2) through
(9) of section 209 are determined by the Secretary not to have been
scrapped by December 31, 2000 or to have been used in a manner
inconsistent with subsection (d)(1)(B), the Secretary may suspend any or
all of the federal permits which allow any vessels owned in whole or in
part by the owner or owners who received payments under subsection
(d)(1) to harvest or process fish within the exclusive economic zone of
the United States until such time as the obligations of such owner or
owners under subsection (d)(1) have been fulfilled to the satisfaction
of the Secretary.
(f) Program Defined; Maturity.--For the purposes of section 1111 of
the Merchant Marine Act, 1936 (46 U.S.C. App. 1279f), the fishing
capacity reduction program in this subtitle shall be within the meaning
of the term ``program'' as defined and used in such section.
Notwithstanding section 1111(b)(4) of such Act (46 U.S.C. App.
1279f(b)(4)), the debt obligation under subsection (a) of this section
may have a maturity not to exceed 30 years.
(g) <<NOTE: Publication.>> Fishery Capacity Reduction Regulations.--
The Secretary of Commerce shall by not later than October 15, 1998
publish proposed regulations to implement subsections (b), (c), (d), and
(e) of section 312 of the Magnuson-Stevens Act (16 U.S.C. 1861a) and
sections 1111 and 1112 of title XI of the Merchant Marine Act, 1936 (46
U.S.C. App. 1279f and 1279g).
[[Page 112 STAT. 2681-624]]
SEC. 208. ELIGIBLE VESSELS AND PROCESSORS.
(a) <<NOTE: Effective date.>> Catcher Vessels Onshore.--Effective
January 1, 2000, only catcher vessels which are--
(1) determined by the Secretary--
(A) to have delivered at least 250 metric tons of
pollock; or
(B) to be less than 60 feet in length overall and to
have delivered at least 40 metric tons of pollock,
for processing by the inshore component in the directed pollock fishery
in any one of the years 1996 or 1997, or between January 1, 1998 and
September 1, 1998;
(2) eligible to harvest pollock in the directed pollock
fishery under the license limitation program recommended by the
North Pacific Council and approved by the Secretary; and
(3) not listed in subsection (b),
shall be eligible to harvest the directed fishing allowance under
section 206(b)(1) pursuant to a federal fishing permit.
(b) Catcher Vessels to Catcher/Processors.--Effective January 1,
1999, only the following catcher vessels shall be eligible to harvest
the directed fishing allowance under section 206(b)(2) pursuant to a
federal fishing permit:
(1) AMERICAN CHALLENGER (United States official number
615085);
(2) FORUM STAR (United States official number 925863);
(3) MUIR MILACH (United States official number 611524);
(4) NEAHKAHNIE (United States official number 599534);
(5) OCEAN HARVESTER (United States official number 549892);
(6) SEA STORM (United States official number 628959);
(7) TRACY ANNE (United States official number 904859); and
(8) any catcher vessel--
(A) determined by the Secretary to have delivered at
least 250 metric tons and at least 75 percent of the
pollock it harvested in the directed pollock fishery in
1997 to catcher/processors for processing by the
offshore component; and
(B) eligible to harvest pollock in the directed
pollock fishery under the license limitation program
recommended by the North Pacific Council and approved by
the Secretary.
(c) Catcher Vessels to Motherships.--Effective January 1, 2000, only
the following catcher vessels shall be eligible to harvest the directed
fishing allowance under section 206(b)(3) pursuant to a federal fishing
permit:
(1) ALEUTIAN CHALLENGER (United States official number
603820);
(2) ALYESKA (United States official number 560237);
(3) AMBER DAWN (United States official number 529425);
(4) AMERICAN BEAUTY (United States official number 613847);
(5) CALIFORNIA HORIZON (United States official number
590758);
(6) MAR-GUN (United States official number 525608);
(7) MARGARET LYN (United States official number 615563);
(8) MARK I (United States official number 509552);
(9) MISTY DAWN (United States official number 926647);
[[Page 112 STAT. 2681-625]]
(10) NORDIC FURY (United States official number 542651);
(11) OCEAN LEADER (United States official number 561518);
(12) OCEANIC (United States official number 602279);
(13) PACIFIC ALLIANCE (United States official number
612084);
(14) PACIFIC CHALLENGER (United States official number
518937);
(15) PACIFIC FURY (United States official number 561934);
(16) PAPADO II (United States official number 536161);
(17) TRAVELER (United States official number 929356);
(18) VESTERAALEN (United States official number 611642);
(19) WESTERN DAWN (United States official number 524423);
and
(20) any vessel--
(A) determined by the Secretary to have delivered at
least 250 metric tons of pollock for processing by
motherships in the offshore component of the directed
pollock fishery in any one of the years 1996 or 1997, or
between January 1, 1998 and September 1, 1998;
(B) eligible to harvest pollock in the directed
pollock fishery under the license limitation program
recommended by the North Pacific Council and approved by
the Secretary; and
(C) not listed in subsection (b).
(d) <<NOTE: Effective date.>> Motherships.--Effective January 1,
2000, only the following motherships shall be eligible to process the
directed fishing allowance under section 206(b)(3) pursuant to a federal
fishing permit:
(1) EXCELLENCE (United States official number 967502);
(2) GOLDEN ALASKA (United States official number 651041);
and
(3) OCEAN PHOENIX (United States official number 296779).
(e) Catcher/Processors.--Effective January 1, 1999, only the
following catcher/processors shall be eligible to harvest the directed
fishing allowance under section 206(b)(2) pursuant to a federal fishing
permit:
(1) AMERICAN DYNASTY (United States official number 951307);
(2) KATIE ANN (United States official number 518441);
(3) AMERICAN TRIUMPH (United States official number 646737);
(4) NORTHERN EAGLE (United States official number 506694);
(5) NORTHERN HAWK (United States official number 643771);
(6) NORTHERN JAEGER (United States official number 521069);
(7) OCEAN ROVER (United States official number 552100);
(8) ALASKA OCEAN (United States official number 637856);
(9) ENDURANCE (United States official number 592206);
[[Page 112 STAT. 2681-626]]
(10) AMERICAN ENTERPRISE (United States official number
594803);
(11) ISLAND ENTERPRISE (United States official number
610290);
(12) KODIAK ENTERPRISE (United States official number
579450);
(13) SEATTLE ENTERPRISE (United States official number
904767);
(14) US ENTERPRISE (United States official number 921112);
(15) ARCTIC STORM (United States official number 903511);
(16) ARCTIC FJORD (United States official number 940866);
(17) NORTHERN GLACIER (United States official number
663457);
(18) PACIFIC GLACIER (United States official number 933627);
(19) HIGHLAND LIGHT (United States official number 577044);
(20) STARBOUND (United States official number 944658); and
(21) any catcher/processor not listed in this subsection and
determined by the Secretary to have harvested more than 2,000
metric tons of the pollock in the 1997 directed pollock fishery
and determined to be eligible to harvest pollock in the directed
pollock fishery under the license limitation program recommended
by the North Pacific Council and approved by the Secretary,
except that catcher/processors eligible under this paragraph
shall be prohibited from harvesting in the aggregate a total of
more than one-half (0.5) of a percent of the pollock apportioned
for the directed pollock fishery under section 206(b)(2).
Notwithstanding section 213(a), failure to satisfy the requirements of
section 4(a) of the Commercial Fishing Industry Vessel Anti-Reflagging
Act of 1987 (Public Law 100-239; 46 U.S.C. 12108 note) shall not make a
catcher/processor listed under this subsection ineligible for a fishery
endorsement.
(f) <<NOTE: Effective date.>> Shoreside Processors.--(1) Effective
January 1, 2000 and except as provided in paragraph (2), the catcher
vessels eligible under subsection (a) may deliver pollock harvested from
the directed fishing allowance under section 206(b)(1) only to--
(A) shoreside processors (including vessels in a single
geographic location in Alaska State waters) determined by the
Secretary to have processed more than 2,000 metric tons round-
weight of pollock in the inshore component of the directed
pollock fishery during each of 1996 and 1997; and
(B) shoreside processors determined by the Secretary to have
processed pollock in the inshore component of the directed
pollock fishery in 1996 or 1997, but to have processed less than
2,000 metric tons round-weight of such pollock in each year,
except that effective January 1, 2000, each such shoreside
processor may not process more than 2,000 metric tons round-
weight from such directed fishing allowance in any year.
(2) Upon recommendation by the North Pacific Council, the Secretary
may approve measures to allow catcher vessels eligible under subsection
(a) to deliver pollock harvested from the directed
[[Page 112 STAT. 2681-627]]
fishing allowance under section 206(b)(1) to shoreside processors not
eligible under paragraph (1) if the total allowable catch for pollock in
the Bering Sea and Aleutian Islands Management Area increases by more
than 10 percent above the total allowable catch in such fishery in 1997,
or in the event of the actual total loss or constructive total loss of a
shoreside processor eligible under paragraph (1)(A).
(g) Replacement Vessels.--In the event of the actual total loss or
constructive total loss of a vessel eligible under subsections (a), (b),
(c), (d), or (e), the owner of such vessel may replace such vessel with
a vessel which shall be eligible in the same manner under that
subsection as the eligible vessel, provided that--
(1) such loss was caused by an act of God, an act of war, a
collision, an act or omission of a party other than the owner or
agent of the vessel, or any other event not caused by the
willful misconduct of the owner or agent;
(2) the replacement vessel was built in the United States
and if ever rebuilt, was rebuilt in the United States;
(3) the fishery endorsement for the replacement vessel is
issued within 36 months of the end of the last year in which the
eligible vessel harvested or processed pollock in the directed
pollock fishery;
(4) if the eligible vessel is greater than 165 feet in
registered length, of more than 750 gross registered tons, or
has engines capable of producing more than 3,000 shaft
horsepower, the replacement vessel is of the same or lesser
registered length, gross registered tons, and shaft horsepower;
(5) if the eligible vessel is less than 165 feet in
registered length, of fewer than 750 gross registered tons, and
has engines incapable of producing less than 3,000 shaft
horsepower, the replacement vessel is less than each of such
thresholds and does not exceed by more than 10 percent the
registered length, gross registered tons or shaft horsepower of
the eligible vessel; and
(6) the replacement vessel otherwise qualifies under federal
law for a fishery endorsement, including under section 12102(c)
of title 46, United States Code, as amended by this Act.
(h) Eligibility During Implementation.--In the event the Secretary
is unable to make a final determination about the eligibility of a
vessel under subsection (b)(8) or subsection (e)(21) before January 1,
1999, or a vessel or shoreside processor under subsection (a),
subsection (c)(21), or subsection (f) before January 1, 2000, such
vessel or shoreside processor, upon the filing of an
application for eligibility, shall be eligible to participate in the
directed pollock fishery pending final determination by the Secretary
with respect to such vessel or shoreside processor.
(i) Eligibility Not a Right.--Eligibility under this section shall
not be construed--
(1) to confer any right of compensation, monetary or
otherwise, to the owner of any catcher vessel, catcher/
processor, mothership, or shoreside processor if such
eligibility is revoked or limited in any way, including through
the revocation or limitation of a fishery endorsement or any
federal permit or license;
(2) to create any right, title, or interest in or to any
fish in any fishery; or
[[Page 112 STAT. 2681-628]]
(3) to waive any provision of law otherwise applicable to
such catcher vessel, catcher/processor, mothership, or shoreside
processor.
SEC. 209. <<NOTE: Effective date.>> LIST OF INELIGIBLE VESSELS.
Effective December 31, 1998, the following vessels shall be
permanently ineligible for fishery endorsements, and any claims
(including relating to catch history) associated with such vessels that
could qualify any owners of such vessels for any present or future
limited access system permit in any fishery within the exclusive
economic zone of the United States (including a vessel moratorium permit
or license limitation program permit in fisheries under the authority of
the North Pacific Council) are hereby extinguished:
(1) AMERICAN EMPRESS (United States official number 942347);
(2) PACIFIC SCOUT (United States official number 934772);
(3) PACIFIC EXPLORER (United States official number 942592);
(4) PACIFIC NAVIGATOR (United States official number
592204);
(5) VICTORIA ANN (United States official number 592207);
(6) ELIZABETH ANN (United States official number 534721);
(7) CHRISTINA ANN (United States official number 653045);
(8) REBECCA ANN (United States official number 592205); and
(9) BROWNS POINT (United States official number 587440).
SEC. 210. FISHERY COOPERATIVE LIMITATIONS.
(a) Public Notice.--(1) Any contract implementing a fishery
cooperative under section 1 of the Act of June 25, 1934 (15 U.S.C. 521)
in the directed pollock fishery and any material modifications to any
such contract shall be filed not less than 30 days prior to the start of
fishing under the contract with the North Pacific Council and with the
Secretary, together with a copy of a letter from a party to the contract
requesting a business review letter on the fishery cooperative from the
Department of Justice and any response to such request. Notwithstanding
section 402 of the Magnuson-Stevens Act (16 U.S.C. 1881a) or any other
provision of law, but taking into account the interest of parties to any
such contract in protecting the confidentiality of proprietary
information, the North Pacific Council and Secretary shall--
(A) make available to the public such information about the
contract, contract modifications, or fishery cooperative the
North Pacific Council and Secretary deem appropriate, which at a
minimum shall include a list of the parties to the contract, a
list of the vessels involved, and the amount of pollock and
other fish to be harvested by each party to such contract; and
(B) make available to the public in such manner as the North
Pacific Council and Secretary deem appropriate information about
the harvest by vessels under a fishery cooperative of all
species (including
bycatch) in the directed pollock fishery on a vessel-by-vessel basis.
[[Page 112 STAT. 2681-629]]
(b) Catcher Vessels Onshore.--
(1) <<NOTE: Effective date.>> Catcher vessel cooperatives.--
Effective January 1, 2000, upon the filing of a contract
implementing a fishery cooperative under subsection (a) which--
(A) is signed by the owners of 80 percent or more of
the qualified catcher vessels that delivered pollock for
processing by a shoreside processor in the directed
pollock fishery in the year prior to the year in which
the fishery cooperative will be in effect; and
(B) specifies, except as provided in paragraph (6),
that such catcher vessels will deliver pollock in the
directed pollock fishery only to such shoreside
processor during the year in which the fishery
cooperative will be in effect and that such shoreside
processor has agreed to process such pollock,
the Secretary shall allow only such catcher vessels (and catcher vessels
whose owners voluntarily participate pursuant to paragraph (2)) to
harvest the aggregate percentage of the directed fishing allowance under
section 206(b)(1) in the year in which the fishery cooperative will be
in effect that is equivalent to the aggregate total amount of pollock
harvested by such catcher vessels (and by such catcher vessels whose
owners voluntarily participate pursuant to paragraph (2)) in the
directed pollock fishery for processing by the inshore component during
1995, 1996, and 1997 relative to the aggregate total amount of pollock
harvested in the directed pollock fishery for processing by the inshore
component during such years and shall prevent such catcher vessels (and
catcher vessels whose owners voluntarily participate pursuant to
paragraph (2)) from harvesting in aggregate in excess of such percentage
of such directed fishing allowance.
(2) Voluntary participation.--Any contract implementing a
fishery cooperative under paragraph (1) must allow the owners of
other qualified catcher vessels to enter into such contract
after it is filed and before the calender year in which fishing
will begin under the same terms and conditions as the owners of
the qualified catcher vessels who entered into such contract
upon filing.
(3) Qualified catcher vessel.--For the purposes of this
subsection, a catcher vessel shall be considered a ``qualified
catcher vessel'' if, during the year prior to the year in which
the fishery cooperative will be in effect, it delivered more
pollock to the shoreside processor to which it will deliver
pollock under the fishery cooperative in paragraph (1) than to
any other shoreside processor.
(4) Consideration of certain vessels.--Any contract
implementing a fishery cooperative under paragraph (1) which has
been entered into by the owner of a qualified catcher vessel
eligible under section 208(a) that harvested pollock for
processing by catcher/processors or motherships in the directed
pollock fishery during 1995, 1996, and 1997 shall, to the extent
practicable, provide fair and equitable terms and conditions for
the owner of such qualified catcher vessel.
(5) Open access.--A catcher vessel eligible under section
208(a) the catch history of which has not been attributed to a
fishery cooperative under paragraph (1) may be used to deliver
pollock harvested by such vessel from the directed fishing
allowance under section 206(b)(1) (other than pollock
[[Page 112 STAT. 2681-630]]
reserved under paragraph (1) for a fishery cooperative) to any
of the shoreside processors eligible under section 208(f). A
catcher vessel eligible under section 208(a) the catch history
of which has been attributed to a fishery cooperative under
paragraph (1) during any calendar year may not harvest any
pollock apportioned under section 206(b)(1) in such calendar
year other than the pollock reserved under paragraph (1) for
such fishery cooperative.
(6) Transfer of cooperative harvest.--A contract
implementing a fishery cooperative under paragraph (1) may,
notwithstanding the other provisions of this subsection, provide
for up to 10 percent of the pollock harvested under such
cooperative to be processed by a shoreside processor eligible
under section 208(f) other than the shoreside processor to which
pollock will be delivered under paragraph (1).
(c) <<NOTE: Effective date.>> Catcher Vessels to Catcher/
Processors.--Effective January 1, 1999, not less than 8.5 percent of the
directed fishing allowance under section 206(b)(2) shall be available
for harvest only by the catcher vessels eligible under section 208(b).
The owners of such catcher vessels may participate in a fishery
cooperative with the owners of the catcher/processors eligible under
paragraphs (1) through (20) of the section 208(e). The owners of such
catcher vessels may participate in a fishery cooperative that will be in
effect during 1999 only if the contract implementing such cooperative
establishes penalties to prevent such vessels from exceeding in 1999 the
traditional levels harvested by such vessels in all other fisheries in
the exclusive economic zone of the United States.
(d) Catcher Vessels to Motherships.--
(1) <<NOTE: Effective date.>> Processing.--Effective January
1, 2000, the authority in section 1 of the Act of June 25, 1934
(48 Stat. 1213 and 1214; 15 U.S.C. 521 et seq.) shall extend to
processing by motherships eligible under section 208(d) solely
for the purposes of forming or participating in a fishery
cooperative in the directed pollock fishery upon the filing of a
contract to implement a fishery cooperative under subsection (a)
which has been entered into by the owners of 80 percent or more
of the catcher vessels eligible under section 208(c) for the
duration of such contract, provided that such owners agree to
the terms of the fishery cooperative involving processing by the
motherships.
(2) Voluntary participation.--Any contract implementing a
fishery cooperative described in paragraph (1) must allow the
owners of any other catcher vessels eligible under section
208(c) to enter such contract after it is filed and before the
calendar year in which fishing will begin under the same terms
and conditions as the owners of the catcher vessels who entered
into such contract upon filing.
(e) Excessive Shares.--
(1) Harvesting.--No particular individual, corporation, or
other entity may harvest, through a fishery cooperative or
otherwise, a total of more than 17.5 percent of the pollock
available to be harvested in the directed pollock fishery.
(2) Processing.--Under the authority of section 301(a)(4) of
the Magnuson-Stevens Act (16 U.S.C. 1851(a)(4)), the North
Pacific Council is directed to recommend for approval by the
Secretary conservation and management measures to prevent any
particular individual or entity from processing an excessive
[[Page 112 STAT. 2681-631]]
share of the pollock available to be harvested in the directed
pollock fishery. In the event the North Pacific Council
recommends and the Secretary approves an excessive processing
share that is lower than 17.5 percent, any individual or entity
that previously processed a percentage greater than such share
shall be allowed to continue to process such percentage, except
that their percentage may not exceed 17.5 percent (excluding
pollock processed by catcher/processors that was harvested in
the directed pollock fishery by catcher vessels eligible under
208(b)) and shall be reduced if their percentage decreases,
until their percentage is below such share. In recommending the
excessive processing share, the North Pacific Council shall
consider the need of catcher vessels in the directed pollock
fishery to have competitive buyers for the pollock harvested by
such vessels.
(3) Review by maritime administration.--At the request of
the North Pacific Council or the Secretary, any individual or
entity believed by such Council or the Secretary to have
exceeded the percentage in either paragraph (1) or (2) shall
submit such information to the Administrator of the Maritime
Administration as the Administrator deems appropriate to allow
the Administrator to determine whether such individual or entity
has exceeded either such percentage. The Administrator shall
make a finding as soon as practicable upon such request and
shall submit such finding to the North Pacific Council and the
Secretary. For the purposes of this subsection, any entity in
which 10 percent or more of the interest is owned or controlled
by another individual or entity shall be considered to be the
same entity as the other individual or entity.
(f) Landing Tax Jurisdiction.--Any contract filed under subsection
(a) shall include a contract clause under which the parties to the
contract agree to make payments to the State of Alaska for any pollock
harvested in the
directed pollock fishery which is not landed in the State of Alaska, in
amounts which would otherwise accrue had the pollock been landed in the
State of Alaska subject to any landing taxes established under Alaska
law. Failure to include such a contract clause or for such amounts to be
paid shall result in a revocation of the authority to form fishery
cooperatives under section 1 of the Act of June 25, 1934 (15 U.S.C. 521
et seq.).
(g) Penalties.--The violation of any of the requirements of this
section or section 211 shall be considered the commission of an act
prohibited by section 307 of the Magnuson-Stevens Act (16 U.S.C. 1857).
In addition to the civil penalties and permit sanctions applicable to
prohibited acts under section 308 of such Act (16 U.S.C. 1858), any
person who is found by the Secretary, after notice and an opportunity
for a hearing in accordance with section 554 of title 5, United States
Code, to have violated a requirement of this section shall be subject to
the forfeiture to the Secretary of Commerce of any fish harvested or
processed during the commission of such act.
SEC. 211. PROTECTIONS FOR OTHER FISHERIES; CONSERVATION MEASURES.
(a) General.--The North Pacific Council shall recommend for approval
by the Secretary such conservation and management
[[Page 112 STAT. 2681-632]]
measures as it determines necessary to protect other fisheries under its
jurisdiction and the participants in those fisheries, including
processors, from adverse impacts caused by this Act or fishery
cooperatives in the directed pollock fishery.
(b) Catcher/Processor Restrictions.--
(1) General.--The <<NOTE: Effective date.>> restrictions in
this subsection shall take effect on January 1, 1999 and shall
remain in effect thereafter except that they may be superceded
(with the exception of paragraph (4)) by conservation and
management measures recommended after the date of the enactment
of this Act by the North Pacific Council and approved by the
Secretary in accordance with the Magnuson-Stevens Act.
(2) Bering sea fishing.--The catcher/processors eligible
under paragraphs (1) through (20) of section 208(e) are hereby
prohibited from, in the aggregate--
(A) exceeding the percentage of the harvest
available in the offshore component of any Bering Sea
and Aleutian Islands groundfish fishery (other than the
pollock fishery) that is equivalent to the total harvest
by such catcher/processors and the catcher/processors
listed in section 209 in the fishery in 1995, 1996, and
1997 relative to the total amount available to be
harvested by the offshore component in the fishery in
1995, 1996, and 1997;
(B) exceeding the percentage of the prohibited
species available in the offshore component of any
Bering Sea and Aleutian Islands groundfish fishery
(other than the pollock fishery) that is equivalent to
the total of the prohibited species harvested by such
catcher/processors and the catcher/processors listed in
section 209 in the fishery in 1995, 1996, and 1997
relative to the total amount of prohibited species
available to be harvested by the offshore component in
the fishery in 1995, 1996, and 1997; and
(C) fishing for Atka mackerel in the eastern area of
the Bering Sea and Aleutian Islands and from exceeding
the following percentages of the directed harvest
available in the Bering Sea and Aleutian Islands Atka
mackerel fishery--
(i) 11.5 percent in the central area; and
(ii) 20 percent in the western area.
(3) Bering sea processing.--The catcher/processors eligible
under paragraphs (1) through (20) of section 208(e) are hereby
prohibited from--
(A) processing any of the directed fishing
allowances under paragraphs (1) or (3) of section
206(b); and
(B) processing any species of crab harvested in the
Bering Sea and Aleutian Islands Management Area.
(4) Gulf of alaska.--The catcher/processors eligible under
paragraphs (1) through (20) of section 208(e) are hereby
prohibited from--
(A) harvesting any fish in the Gulf of Alaska;
(B) processing any groundfish harvested from the
portion of the exclusive economic zone off Alaska known
as area 630 under the fishery management plan for Gulf
of Alaska groundfish; or
(C) processing any pollock in the Gulf of Alaska
(other than as bycatch in non-pollock groundfish
fisheries) or processing, in the aggregate, a total of
more than 10 percent
[[Page 112 STAT. 2681-633]]
of the cod harvested from areas 610, 620, and 640 of the
Gulf of Alaska under the fishery management plan for
Gulf of Alaska groundfish.
(5) Fisheries other than north pacific.--The catcher/
processors eligible under paragraphs (1) through (20) of section
208(e) and motherships eligible under section 208(d) are hereby
prohibited from harvesting fish in any fishery under the
authority of any regional fishery management council established
under section 302(a) of the Magnuson-Stevens Act (16 U.S.C.
1852(a)) other than the North Pacific Council, except for the
Pacific whiting fishery, and from processing fish in any fishery
under the authority of any such regional fishery management
council other than the North Pacific Council, except in the
Pacific whiting fishery, unless the catcher/processor or
mothership is authorized to harvest or process fish under a
fishery management plan recommended by the regional fishery
management council of jurisdiction and approved by the
Secretary.
(6) Observers and scales.--The catcher/processors eligible
under paragraphs (1) through (20) of section 208(e) shall--
(A) have two observers onboard at all times while
groundfish is being harvested, processed, or received
from another vessel in any fishery under the authority
of the North Pacific Council; and
(B) weigh its catch on a scale onboard approved by
the National Marine Fisheries Service while harvesting
groundfish in fisheries under the authority of the North
Pacific Council.
This <<NOTE: Effective dates.>> paragraph shall take effect on
January 1, 1999 for catcher/processors eligible under paragraphs
(1) through (20) of section 208(e) that will harvest pollock
allocated under section 206(a) in 1999, and shall take effect on
January 1, 2000 for all other catcher/processors eligible under
such paragraphs of section 208(e).
(c) Catcher Vessel and Shoreside Processor Restrictions.--
(1) Required council recommendations.--By not later than
July 1, 1999, the North Pacific Council shall recommend for
approval by the Secretary conservation and management measures
to--
(A) prevent the catcher vessels eligible under
subsections (a), (b), and (c) of section 208 from
exceeding in the aggregate the traditional harvest
levels of such vessels in other fisheries under the
authority of the North Pacific Council as a result of
fishery cooperatives in the directed pollock fishery;
and
(B) protect processors not eligible to participate
in the directed pollock fishery from adverse effects as
a result of this Act or fishery cooperatives in the
directed pollock fishery.
If the North Pacific Council does not recommend such
conservation and management measures by such date, or if the
Secretary determines that such conservation and management
measures recommended by the North Pacific Council are not
adequate to fulfill the purposes of this paragraph, the
Secretary may by regulation restrict or change the authority in
section
[[Page 112 STAT. 2681-634]]
210(b) to the extent the Secretary deems appropriate, including
by preventing fishery cooperatives from being formed pursuant to
such section and by providing greater flexibility with respect
to the shoreside processor or shoreside processors to which
catcher vessels in a fishery cooperative under section 210(b)
may deliver pollock.
(2) Bering sea crab and groundfish.--
(A) <<NOTE: Effective date.>> Effective January 1,
2000, the owners of the motherships eligible under
section 208(d) and the shoreside processors eligible
under section 208(f) that receive pollock from the
directed pollock fishery under a fishery cooperative are
hereby prohibited from processing, in the aggregate for
each calendar year, more than the percentage of the
total catch of each species of crab in directed
fisheries under the jurisdiction of the North Pacific
Council than facilities operated by such owners
processed of each such species in the aggregate, on
average, in 1995, 1996, 1997. For the purposes of this
subparagraph, the term ``facilities'' means any
processing plant, catcher/processor, mothership,
floating processor, or any other operation that
processes fish. Any entity in which 10 percent or more
of the interest is owned or controlled by another
individual or entity shall be considered to be the same
entity as the other individual or entity for the
purposes of this subparagraph.
(B) Under the authority of section 301(a)(4) of the
Magnuson-Stevens Act (16 U.S.C. 1851(a)(4)), the North
Pacific Council is directed to recommend for approval by
the Secretary conservation and management measures to
prevent any particular individual or entity from
harvesting or processing an excessive share of crab or
of groundfish in fisheries in the Bering Sea and
Aleutian Islands Management Area.
(C) The catcher vessels eligible under section
208(b) are hereby prohibited from participating in a
directed fishery for any species of crab in the Bering
Sea and Aleutian Islands Management Area unless the
catcher vessel harvested crab in the directed fishery
for that species of crab in such Area during 1997 and is
eligible to harvest such crab in such directed fishery
under the license limitation program recommended by the
North Pacific Council and approved by the Secretary. The
North Pacific Council is directed to recommend measures
for approval by the Secretary to eliminate latent
licenses under such program, and nothing in this
subparagraph shall preclude the Council from
recommending measures more restrictive than under this
paragraph.
(3) Fisheries other than north pacific.--
(A) By not later than July 1, 2000, the Pacific
Fishery Management Council established under section
302(a)(1)(F) of the Magnuson-Stevens Act (16 U.S.C.
1852(a)(1)(F)) shall recommend for approval by the
Secretary conservation and management measures to
protect fisheries under its jurisdiction and the
participants in those fisheries from adverse impacts
caused by this Act or by any fishery cooperatives in the
directed pollock fishery.
(B) If the Pacific Council does not recommend such
conservation and management measures by such date, or
[[Page 112 STAT. 2681-635]]
if the Secretary determines that such conservation and
management measures recommended by the Pacific Council
are not adequate to fulfill the purposes of this
paragraph, the Secretary may by regulation implement
adequate measures including, but not limited to,
restrictions on vessels which harvest pollock under a
fishery cooperative which will prevent such vessels from
harvesting Pacific groundfish, and restrictions on the
number of processors eligible to process Pacific
groundfish.
(d) Bycatch Information.--Notwithstanding section 402 of the
Magnuson-Stevens Act (16 U.S.C. 1881a), the North Pacific Council may
recommend and the Secretary may approve, under such terms and conditions
as the North Pacific Council and Secretary deem appropriate, the public
disclosure of any information from the groundfish fisheries under the
authority of such Council that would be beneficial in the implementation
of section 301(a)(9) or section 303(a)(11) of the Magnuson-Stevens Act
(16 U.S.C. 1851(a)(9) and 1853(a)(11)).
(e) Community Development Loan Program.--Under the authority of
title XI of the Merchant Marine Act, 1936 (46 U.S.C. App. 1271 et seq.),
and subject to the availability of appropriations, the Secretary is
authorized to provide direct loan obligations to communities eligible to
participate in the western Alaska community development quota program
established under 304(i) of the Magnuson-Stevens Act (16 U.S.C. 1855(i))
for the purposes of purchasing all or part of an ownership interest in
vessels and shoreside processors eligible under subsections (a), (b),
(c), (d), (e), or (f) of section 208. Notwithstanding the eligibility
criteria in section 208(a) and section 208(c), the LISA MARIE (United
States official number 1038717) shall be eligible under such sections in
the same manner as other vessels eligible under such sections.
SEC. 212. <<NOTE: 46 USC app. 1274 note.>> RESTRICTION ON FEDERAL LOANS.
Section 302(b) of the Fisheries Financing Act (46 U.S.C. 1274 note)
is amended--
(1) by inserting ``(1)'' before ``Until October 1, 2001'';
and
(2) by inserting at the end the following new paragraph:
``(2) No loans may be provided or guaranteed by the Federal
Government for the construction or rebuilding of a vessel
intended for use as a fishing vessel (as defined in section 2101
of title 46, United States Code), if such vessel will be greater
than 165 feet in registered length, of more than 750 gross
registered tons, or have an engine or engines capable of
producing a total of more than 3,000 shaft horsepower, after
such construction or rebuilding is completed. This prohibition
shall not apply to vessels to be used in the menhaden fishery or
in tuna purse seine fisheries outside the exclusive economic
zone of the United States or the area of the South Pacific
Regional Fisheries Treaty.''.
SEC. 213. DURATION.
(a) <<NOTE: Effective date.>> General.--Except as otherwise provided
in this title, the provisions of this title shall take effect upon the
date of the enactment of this Act. Sections 206, 208, and 210 shall
remain in <<NOTE: Termination date.>> effect until December 31, 2004,
and shall be repealed on such date, except that the North Pacific
Council may recommend and the Secretary may approve conservation and
management measures
[[Page 112 STAT. 2681-636]]
as part of a fishery management plan under the Magnuson-Stevens Act to
give effect to the measures in such sections thereafter.
(b) Existing Authority.--Except for the measures required by this
subtitle, nothing in this subtitle shall be construed to limit the
authority of the North Pacific Council or the Secretary under the
Magnuson-Stevens Act.
(c) Changes to Fishery Cooperative Limitations and Pollock CDQ
Allocation.--The North Pacific Council may recommend and the Secretary
may approve conservation and management measures in accordance with the
Magnuson-Stevens Act--
(1) that supersede the provisions of this title, except for
sections 206 and 208, for conservation purposes or to mitigate
adverse effects in fisheries or on owners of fewer than three
vessels in the directed pollock fishery caused by this title or
fishery cooperatives in the directed pollock fishery, provided
such measures take into account all factors affecting the
fisheries and are imposed fairly and equitably to the extent
practicable among and within the sectors in the directed pollock
fishery;
(2) that supersede the allocation in section 206(a) for any
of the years 2002, 2003, and 2004, upon the finding by such
Council that the western Alaska community development quota
program for pollock has been adversely affected by the
amendments in this title; or
(3) that supersede the criteria required in paragraph (1) of
section 210(b) to be used by the Secretary to set the percentage
allowed to be harvested by catcher vessels pursuant to a fishery
cooperative under such paragraph.
(d) Report to Congress.--Not later than October 1, 2000, the North
Pacific Council shall submit a report to the Secretary and to Congress
on the implementation and effects of this Act, including the effects on
fishery conservation and management, on bycatch levels, on fishing
communities, on business and employment practices of participants in any
fishery cooperatives, on the western Alaska community development quota
program, on any fisheries outside of the authority of the North Pacific
Council, and such other matters as the North Pacific Council deems
appropriate.
(e) Report on Fillet Production.--Not later than June 1, 2000, the
General Accounting Office shall submit a report to the North Pacific
Council, the Secretary, and the Congress on whether this Act has
negatively affected the market for fillets and fillet blocks, including
through the reduction in the supply of such fillets and fillet blocks.
If the report determines that such market has been negatively affected,
the North Pacific Council
shall recommend measures for the Secretary's approval to mitigate any
negative effects.
(f) Severability.--If any provision of this title, an amendment made
by this title, or the application of such provision or amendment to any
person or circumstance is held to be unconstitutional, the remainder of
this title, the amendments made by this title, and the application of
the provisions of such to any person or circumstance shall not be
affected thereby.
(g) International Agreements.--In the event that any provision of
section 12102(c) or section 31322(a) of title 46, United States Code, as
amended by this Act, is determined to be inconsistent with an existing
international agreement relating to foreign investment to which the
United States is a party with respect
[[Page 112 STAT. 2681-637]]
to the owner or mortgagee on October 1, 2001 of a vessel with a fishery
endorsement, such provision shall not apply to that owner or mortgagee
with respect to such vessel to the extent of any such inconsistency. The
provisions of section 12102(c) and section 31322(a) of title 46, United
States Code, as amended by this Act, shall apply to all subsequent
owners and mortgagees of such vessel, and shall apply, notwithstanding
the preceding sentence, to the owner on October 1, 2001 of such vessel
if any ownership interest in that owner is transferred to or otherwise
acquired by a foreign individual or entity after such date.
TITLE III--DENALI <<NOTE: Denali Commission Act of 1998. 42 USC 3121
note.>> COMMISSION
SEC. 301. SHORT TITLE.
This title may be cited as the ``Denali Commission Act of 1998''.
SEC. 302. PURPOSES.
The purposes of this title are as follows:
(1) To deliver the services of the Federal Government in the
most cost-effective manner practicable by reducing
administrative and overhead costs.
(2) To provide job training and other economic development
services in rural communities particularly distressed
communities (many of which have a rate of unemployment that
exceeds 50 percent).
(3) To promote rural development, provide power generation
and transmission facilities, modern communication systems, water
and sewer systems and other infrastructure needs.
SEC. 303. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established a commission to be known as
the Denali Commission (referred to in this title as the ``Commission'').
(b) <<NOTE: Alaska.>> Membership.--
(1) Composition.--The Commission shall be composed of 7
members, who shall be appointed by the Secretary of Commerce
(referred to in this title as the ``Secretary''), of whom--
(A) one shall be the Governor of the State of
Alaska, or an individual selected from nominations
submitted by the Governor, who shall serve as the State
Cochairperson;
(B) one shall be the President of the University of
Alaska, or an individual selected from nominations
submitted by the President of the University of Alaska;
(C) one shall be the President of the Alaska
Municipal League or an individual selected from
nominations submitted by the President of the Alaska
Municipal League;
(D) one shall be the President of the Alaska
Federation or Natives or an individual selected from
nominations submitted by the President of the Alaska
Federation or Natives;
(E) one shall be the Executive President of the
Alaska State AFL-CIO or an individual selected from
nominations submitted by the Executive President;
(F) one shall be the President of the Associated
General Contractors of Alaska or an individual selected
from nominations submitted
by the President of the Associated General Contractors of Alaska; and
[[Page 112 STAT. 2681-638]]
(G) one shall be the Federal Cochairperson, who
shall be selected in accordance with the requirements of
paragraph (2).
(2) Federal cochairperson.--
(A) In general.--The President pro temporare of the
Senate and the Speaker of the House of Representatives
shall each submit a list of nominations for the position
of the Federal Cochairperson under paragraph (1)(G),
including pertinent biographical information, to the
Secretary.
(B) Appointment.--The Secretary shall appoint the
Federal Cochairperson from among the list of nominations
submitted under subparagraph (A). The Federal
Cochairperson shall serve as an employee of the
Department of Commerce, and may be removed by the
Secretary for cause.
(C) Federal cochairperson vote.--The Federal
Cochairperson appointed under this paragraph shall break
any tie in the voting of the Commission.
(4) Date.--The appointments of the members of the Commission
shall be made no later than January 1, 1999.
(c) Period of Appointment; Vacancies.--Members shall be appointed
for the life of the Commission. Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner as the
original appointment.
(d) Meetings.--
(1) In general.--The Commission shall meet at the call of
the Federal Cochairperson not less frequently than 2 times each
year, and may, as appropriate, conduct business by telephone or
other electronic means.
(2) Notification.--Not later than 2 weeks before calling a
meeting under this subsection, the Federal Cochairperson shall--
(A) notify each member of the Commission of the
time, date and location of that meeting; and
(B) provide each member of the Commission with a
written agenda for the meeting, including any proposals
for discussion and consideration, and any appropriate
background materials.
(e) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold hearings.
SEC. 304. DUTIES OF THE COMMISSION.
(a) Work Plan.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act and annually thereafter, the Commission
shall develop a proposed work plan for Alaska that meets the
requirements of paragraph (2) and submit that plan to the
Federal Cochairperson for review in accordance with the
requirements of subsection (b).
(2) Work plan.--In developing the work plan, the Commission
shall--
(A) solicit project proposals from local governments
and other entities and organizations; and
(B) provide for a comprehensive work plan for rural
and infrastructure development and necessary job
training in the area covered under the work plan.
[[Page 112 STAT. 2681-639]]
(3) Report.--Upon completion of a work plan under this
subsection, the Commission shall prepare, and submit to the
Secretary, the Federal Cochairperson, and the Director of the
Office of Management and Budget, a report that outlines the work
plan and contains recommendations for funding priorities.
(b) Review by Federal Cochairperson.--
(1) <<NOTE: Federal Register, publication.>> In general.--
Upon receiving a work plan under this section, the Secretary,
acting through the Federal Cochairperson, shall publish the work
plan in the Federal Register, with notice and an opportunity for
public comment. The period for public review and comment shall
be the 30-day period beginning on the date of publication of
that notice.
(2) Criteria for review.--In conducting a review under
paragraph (1), the Secretary, acting through the Federal
Cochairperson, shall--
(A) take into consideration the information, views,
and comments received from interested parties through
the public review and comment process specified in
paragraph (1); and
(B) consult with appropriate Federal officials in
Alaska including but not limited to Bureau of Indian
Affairs, Economic Development Administration, and Rural
Development Administration.
(3) Approval.--Not later than 30 days after the end of the
period specified in paragraph (1), the Secretary acting through
the Federal Cochairperson, shall--
(A) approve, disapprove, or partially approve the
work plan that is the subject of the review; and
(B) issue to the Commission a notice of the
approval, disapproval, or partial approval that--
(i) specifies the reasons for disapproving any
portion of the work plan; and
(ii) if applicable, includes recommendations
for revisions to the work plan to make the plan
subject to approval.
(4) Review of disapproval or partial approval.--If the
Secretary, acting through the Federal Cochairperson, disapproves
or partially approves a work plan, the Federal Cochairperson
shall submit that work plan to the Commission for review and
revision.
SEC. 305. POWERS OF THE COMMISSION.
(a) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency such information as it
considers necessary to carry out the provisions of this Act. Upon
request of the Federal Cochairperson of the Commission, the head of such
department or agency shall furnish such information to the Commission.
Agencies must provide the Commission with the requested information in a
timely manner. Agencies are not required to provide the Commission any
information that is exempt from disclosure by the Freedom of Information
Act. Agenices may, upon request by the Commission, make services and
personnel available to the Commission to carry out the duties of the
Commission. To the maximum extent practicable, the Commission shall
contract for completion of necesssary work utilizing local firms and
labor to minimize costs.
[[Page 112 STAT. 2681-640]]
(b) Postal Services.--The Commission may use the United States mails
in the same manner and under the same conditions as other departments
and agencies of the Federal Government.
(c) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
SEC. 306. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--Each member of the Commission who is
not an officer or employee of the Federal Government shall be
compensated at a rate equal to the daily equivalent of the annual rate
of basic pay prescribed for level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each day (including
travel time) during the time such member is engaged in the performance
of the duties of the Commission. All members of the Commission who are
officers or employees of the United States shall serve without
compensation that is in addition to that received for their services as
officers or employees of the United States.
(b) Travel Expenses.--The members of the Commission shall be allowed
travel expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of chapter 57 of
title 5, United States Code, while away from their homes or regular
places of business in the performance of services for the Commission.
(c) Staff.--
(1) In general.--The Federal Cochairperson of the Commission
may, without regard to the civil service laws and regulations,
appoint such personnel as may be necessary to enable the
Commission to perform its duties.
(2) Compensation.--The Chairman of the Commission may fix
the compensation of personnel without regard to the provisions
of chapter 51 and subchapter III of chapter 53 of title 5,
United States Code, relating to classification of positions and
General Schedule pay rates.
(d) Detail of Government Employees.--Any Federal Government employee
may be detailed to the Commission without reimbursement, and such detail
shall be without interruption or loss of civil service status or
privilege.
(e) Procurement of Temporary and Intermittent Services.--The Federal
Cochairperson of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United
States Code, at rates for individuals which do not exceed the daily
equivalent of the annual rate of basic pay prescribed for level V of the
Executive Schedule under section 5316 of such title.
(f) Offices.--The principal office of the Commission shall be
located in Alaska, at a location that the Commission shall select.
SEC. 307. SPECIAL FUNCTIONS.
(a) Rural Utilities.--In carrying out its functions under this
title, the Commission shall as appropriate, provide assistance, seek to
avoid duplicating services and assistance, and complement the water and
sewer wastewater programs under section 306D of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1926d) and section 303 of the Safe
Drinking Water Act Amendments of 1996 (33 U.S.C. 1263a).
(b) Bulk Fuels.--The Commission, in consultation with the Commandant
of the Coast Guard, shall develop a plan to provide
[[Page 112 STAT. 2681-641]]
for the repair or replacement of bulk fuel storage tanks in Alaska that
are not in compliance with applicable--
(1) Federal law, including the Oil Pollution Act of 1990
(104 Stat. 484); or
(2) State law.
SEC. 308. EXEMPTION FROM FEDERAL ADVISORY COMMITTEE ACT.
The Federal Advisory Committee Act shall not apply to the
Commission.
SEC. 309. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to the
Commission to carry out the duties of the Commission consistent with the
purposes of this title and pursuant to the work plan approved under
section 4 under this Act, $20,000,000 for fiscal year 1999, and such
sums as may be necessary for fiscal years 2000, 2001, 2002, and 2003
(b) Availability.--Any sums appropriated under the authorization
contained in this section shall remain available until expended.
TITLE <<NOTE: American Competitiveness and Workforce Improvement Act of
1998.>> IV--AMERICAN COMPETITIVENESS AND WORKFORCE IMPROVEMENT ACT
SEC. 401. SHORT TITLE; TABLE OF CONTENTS; AMENDMENTS TO IMMIGRATION AND
NATIONALITY ACT.
(a) Short <<NOTE: 8 USC 1101 note.>> Title.--This title may be cited
as the ``American Competitiveness and Workforce Improvement Act of
1998''.
(b) Table of Contents.--The table of contents of this title is as
follows:
Sec. 401. Short title; table of contents; amendments to Immigration and
Nationality Act.
Subtitle A--Provisions Relating to H-1B Nonimmigrants
Sec. 411. Temporary increase in access to temporary skilled personnel
under H-1B program.
Sec. 412. Protection against displacement of United States workers in
case of H-1B-dependent employers.
Sec. 413. Changes in enforcement and penalties.
Sec. 414. Collection and use of H-1B nonimmigrant fees for scholarships
for low-income math, engineering, and computer science
students and job training of United States workers.
Sec. 415. Computation of prevailing wage level.
Sec. 416. Improving count of H-1B and H-2B nonimmigrants.
Sec. 417. Report on older workers in the information technology field.
Sec. 418. Report on high technology labor market needs; reports on
economic impact of increase in H-1B nonimmigrants.
Subtitle B--Special Immigrant Status for Certain NATO Civilian Employees
Sec. 421. Special immigrant status for certain NATO civilian employees.
Subtitle C--Miscellaneous Provision
Sec. 431. Academic honoraria.
(c) Amendments to Immigration and Nationality Act.--Except as
otherwise specifically provided in this title, whenever in this title an
amendment is expressed in terms of an amendment to a section or other
provision, the reference shall be considered to be made to that section
or other provision of the Immigration and Nationality Act (8 U.S.C. 1101
et seq.).
[[Page 112 STAT. 2681-642]]
Subtitle A--Provisions Relating to H-1B Nonimmigrants
SEC. 411. TEMPORARY INCREASE IN ACCESS TO TEMPORARY SKILLED PERSONNEL
UNDER H-1B PROGRAM.
(a) Temporary Increase in Skilled Nonimmigrant Workers.--Paragraph
(1)(A) of section 214(g) (8 U.S.C. 1184(g)) is amended to read as
follows:
``(A) under section 101(a)(15)(H)(i)(b), may not exceed--
``(i) 65,000 in each fiscal year before fiscal year
1999;
``(ii) 115,000 in fiscal year 1999;
``(iii) 115,000 in fiscal year 2000;
``(iv) 107,500 in fiscal year 2001; and
``(v) 65,000 in each succeeding fiscal year; or''.
<<NOTE: 8 USC 1184 note.>> (b) Effective Dates.--The amendment made
by subsection (a) applies beginning with fiscal year 1999.
SEC. 412. PROTECTION AGAINST DISPLACEMENT OF UNITED STATES WORKERS IN
CASE OF H-1B-DEPENDENT EMPLOYERS.
(a) Protection Against Layoff and Requirement for Prior Recruitment
of United States Workers.--
(1) Additional statements on application.--Section 212(n)(1)
(8 U.S.C. 1182(n)(1)) is amended by inserting after subparagraph
(D) the following:
``(E)(i) In the case of an application described in clause
(ii), the employer did not displace and will not displace a
United States worker (as defined in paragraph (4)) employed by
the employer within the period beginning 90 days before and
ending 90 days after the date of filing of any visa petition
supported by the application.
``(ii) An application described in this clause is an
application filed on or after the date final regulations are
first promulgated to carry out this subparagraph, and before
October 1, 2001, by an H-1B-dependent employer (as defined in
paragraph (3)) or by an employer that has been found, on or
after the date of the enactment of the American Competitiveness
and Workforce Improvement Act of 1998, under paragraph (2)(C) or
(5) to have committed a willful failure or misrepresentation
during the 5-year period preceding the filing of the
application. An application is not described in this clause if
the only H-1B nonimmigrants sought in the application are exempt
H-1B nonimmigrants.
``(F) In the case of an application described in
subparagraph (E)(ii), the employer will not place the
nonimmigrant with another employer (regardless of whether or not
such other employer is an H-1B-dependent employer) where--
``(i) the nonimmigrant performs duties in whole or
in part at one or more worksites owned, operated, or
controlled by such other employer; and
``(ii) there are indicia of an employment
relationship between the nonimmigrant and such other
employer;
unless the employer has inquired of the other employer as to
whether, and has no knowledge that, within the period beginning
90 days before and ending 90 days after the date of the
placement of the nonimmigrant with the other employer, the other
employer has displaced or intends to displace a United States
worker employed by the other employer.
[[Page 112 STAT. 2681-643]]
``(G)(i) In the case of an application described in
subparagraph (E)(ii), subject to clause (ii), the employer,
prior to filing the application--
``(I) has taken good faith steps to recruit, in the
United States using procedures that meet industry-wide
standards and offering compensation that is at least as
great as that required to be offered to H-1B
nonimmigrants under subparagraph (A), United States
workers for the job for which the nonimmigrant or
nonimmigrants is or are sought; and
``(II) has offered the job to any United States
worker who applies and is equally or better qualified
for the job for which the nonimmigrant or nonimmigrants
is or are sought.
``(ii) The conditions described in clause (i) shall not
apply to an application filed with respect to the employment of
an H-1B nonimmigrant who is described in subparagraph (A), (B),
or (C) of section 203(b)(1).''.
(2) Notice on application of potential liability of placing
employers.--Section 212(n)(1) (8 U.S.C. 1182(n)(1)) is amended
by adding at the end the following: ``The application form shall
include a clear statement explaining the liability under
subparagraph (F) of a placing employer if the other employer
described in such subparagraph displaces a United States worker
as described in such subparagraph.''.
(3) Construction.--Section 212(n)(1) (8 U.S.C. 1182(n)(1))
is further amended by adding at the end the following: ``Nothing
in subparagraph (G) shall be construed to prohibit an employer
from using legitimate selection criteria relevant to the job
that are normal or customary to the type of job involved, so
long as such criteria are not applied in a discriminatory
manner.''.
(b) H-1B-Dependent Employer and Other Definitions.--
(1) In general.--Section 212(n) (8 U.S.C. 1182(n)) is
amended by adding at the end the following:
``(3)(A) For purposes of this subsection, the term `H-1B-dependent
employer' means an employer that--
``(i)(I) has 25 or fewer full-time equivalent employees who
are employed in the United States; and (II) employs more than 7
H-1B nonimmigrants;
``(ii)(I) has at least 26 but not more than 50 full-time
equivalent employees who are employed in the United States; and
(II) employs more than 12 H-1B nonimmigrants; or
``(iii)(I) has at least 51 full-time equivalent employees
who are employed in the United States; and (II) employs H-1B
nonimmigrants in a number that is equal to at least 15 percent
of the number of such full-time equivalent employees.
``(B) For purposes of this subsection--
``(i) the term `exempt H-1B nonimmigrant' means an H-1B
nonimmigrant who--
``(I) receives wages (including cash bonuses and
similar compensation) at an annual rate equal to at
least $60,000; or
``(II) has attained a master's or higher degree (or
its equivalent) in a specialty related to the intended
employment; and
[[Page 112 STAT. 2681-644]]
``(ii) the term `nonexempt H-1B nonimmigrant' means an H-1B
nonimmigrant who is not an exempt H-1B nonimmigrant.
``(C) For purposes of subparagraph (A)--
``(i) in computing the number of full-time equivalent
employees and the number of H-1B nonimmigrants, exempt H-1B
nonimmigrants shall not be taken into account during the longer
of--
``(I) the 6-month period beginning on the date of
the enactment of the American Competitiveness and
Workforce Improvement Act of 1998; or
``(II) the period beginning on the date of the
enactment of the American Competitiveness and Workforce
Improvement Act of 1998 and ending on the date final
regulations are issued to carry out this paragraph; and
``(ii) any group treated as a single employer under
subsection (b), (c), (m), or (o) of section 414 of the Internal
Revenue Code of 1986 shall be treated as a single employer.
``(4) For purposes of this subsection:
``(A) The term `area of employment' means the area within
normal commuting distance of the worksite or physical location
where the work of the H-1B nonimmigrant is or will be performed.
If such worksite or location is within a Metropolitan
Statistical Area, any place within such area is deemed to be
within the area of employment.
``(B) In the case of an application with respect to one or
more H-1B nonimmigrants by an employer, the employer is
considered to `displace' a United States worker from a job if
the employer lays off the worker from a job that is essentially
the equivalent of the job for which the nonimmigrant or
nonimmigrants is or are sought. A job shall not be considered to
be essentially equivalent of another job unless it involves
essentially the same responsibilities, was held by a United
States worker with substantially equivalent qualifications and
experience, and is located in the same area of employment as the
other job.
``(C) The term `H-1B nonimmigrant' means an alien admitted
or provided status as a nonimmigrant described in section
101(a)(15)(H)(i)(b).
``(D)(i) The term `lays off', with respect to a worker--
``(I) means to cause the worker's loss of
employment, other than through a discharge for
inadequate performance, violation of workplace rules,
cause, voluntary departure, voluntary retirement, or the
expiration of a grant or contract (other than a
temporary employment contract entered into in order to
evade a condition described in subparagraph (E) or (F)
of paragraph (1)); but
``(II) does not include any situation in which the
worker is offered, as an alternative to such loss of
employment, a similar employment opportunity with the
same employer (or, in the case of a placement of a
worker with another employer under paragraph (1)(F),
with either employer described in such paragraph) at
equivalent or higher compensation and benefits than the
position from which the employee was discharged,
regardless of whether or not the employee accepts the
offer.
[[Page 112 STAT. 2681-645]]
``(ii) Nothing in this subparagraph is intended to limit an
employee's rights under a collective bargaining agreement or
other employment contract.
``(E) The term `United States worker' means an employee
who--
``(i) is a citizen or national of the United States;
or
``(ii) is an alien who is lawfully admitted for
permanent residence, is admitted as a refugee under
section 207, is granted asylum under section 208, or is
an immigrant otherwise authorized, by this Act or by the
Attorney General, to be employed.''.
(2) Conforming amendments.--Section 212(n)(1) (8 U.S.C.
1182(n)(1)) is amended by striking ``a nonimmigrant described in
section
101(a)(15)(H)(i)(b)'' each place it appears and inserting ``an H-1B
nonimmigrant''.
(c) Improved Posting of Notice of Application.--Section
212(n)(1)(C)(ii) (8 U.S.C. 1182(n)(1)(C)(ii)) is amended to read as
follows:
``(ii) if there is no such bargaining
representative, has provided notice of filing in the
occupational classification through such methods as
physical posting in conspicuous locations at the place
of employment or electronic notification to employees in
the occupational classification for which H-1B
nonimmigrants are sought.''.
<<NOTE: 8 USC 1182 note.>> (d) Effective Dates.--The amendments
made by subsection (a) apply to applications filed under section
212(n)(1) of the Immigration and Nationality Act on or after the date
final regulations are issued to carry out such amendments, and the
amendments made by subsections (b) and (c) take effect on the date of
the enactment of this Act.
<<NOTE: 8 USC 1182 note.>> (e) Reduction of Period for Public
Comment.--In first promulgating regulations to implement the amendments
made by this section in a timely manner, the Secretary of Labor and the
Attorney General may reduce to not less than 30 days the period of
public comment on proposed regulations.
SEC. 413. CHANGES IN ENFORCEMENT AND PENALTIES.
(a) Increased Enforcement and Penalties.--Section 212(n)(2)(C) (8
U.S.C. 1182(n)(2)(C)) is amended to read as follows:
``(C)(i) If the Secretary finds, after notice and opportunity for a
hearing, a failure to meet a condition of paragraph (1)(B), (1)(E), or
(1)(F), a substantial failure to meet a condition of paragraph (1)(C),
(1)(D), or (1)(G)(i)(I), or a misrepresentation of material fact in an
application--
``(I) <<NOTE: Notification.>> the Secretary shall notify the
Attorney General of such finding and may, in addition, impose
such other administrative remedies (including civil monetary
penalties in an amount not to exceed $1,000 per violation) as
the Secretary determines to be appropriate; and
``(II) the Attorney General shall not approve petitions
filed with respect to that employer under section 204 or 214(c)
during a period of at least 1 year for aliens to be employed by
the employer.
``(ii) If the Secretary finds, after notice and opportunity for a
hearing, a willful failure to meet a condition of paragraph (1), a
willful misrepresentation of material fact in an application, or a
violation of clause (iv)--
[[Page 112 STAT. 2681-646]]
``(I) the <<NOTE: Notification.>> Secretary shall notify the
Attorney General of such finding and may, in addition, impose
such other administrative remedies (including civil monetary
penalties in an amount not to exceed $5,000 per violation) as
the Secretary determines to be appropriate; and
``(II) the Attorney General shall not approve petitions
filed with respect to that employer under section 204 or 214(c)
during a period of at least 2 years for aliens to be employed by
the employer.
``(iii) If the Secretary finds, after notice and opportunity for a
hearing, a willful failure to meet a condition of paragraph (1) or a
willful misrepresentation of material fact in an application, in the
course of which failure or misrepresentation the employer displaced a
United States worker employed by the employer within the period
beginning 90 days before and ending 90 days after the date of filing of
any visa petition supported by the application--
``(I) <<NOTE: Notification.>> the Secretary shall notify the
Attorney General of such finding and may, in addition, impose
such other administrative remedies (including civil monetary
penalties in an amount not to exceed
$35,000 per violation) as the Secretary determines to be appropriate;
and
``(II) the Attorney General shall not approve petitions
filed with respect to that employer under section 204 or 214(c)
during a period of at least 3 years for aliens to be employed by
the employer.
``(iv) It is a violation of this clause for an employer who has
filed an application under this subsection to intimidate, threaten,
restrain, coerce, blacklist, discharge, or in any other manner
discriminate against an employee (which term, for purposes of this
clause, includes a former employee and an applicant for employment)
because the employee has disclosed information to the employer, or to
any other person, that the employee reasonably believes evidences a
violation of this subsection, or any rule or regulation pertaining to
this subsection, or because the employee cooperates or seeks to
cooperate in an investigation or other proceeding concerning the
employer's compliance with the requirements of this subsection or any
rule or regulation pertaining to this subsection.
``(v) The Secretary of Labor and the Attorney General shall devise a
process under which an H-1B nonimmigrant who files a complaint regarding
a violation of clause (iv) and is otherwise eligible to remain and work
in the United States may be allowed to seek other appropriate employment
in the United States for a period not to exceed the maximum period of
stay authorized for such nonimmigrant classification.
``(vi)(I) It is a violation of this clause for an employer who has
filed an application under this subsection to require an H-1B
nonimmigrant to pay a penalty for ceasing employment with the employer
prior to a date agreed to by the nonimmigrant and the employer. The
Secretary shall determine whether a required payment is a penalty (and
not liquidated damages) pursuant to relevant State law.
``(II) It is a violation of this clause for an employer who has
filed an application under this subsection to require an alien who is
the subject of a petition filed under section 214(c)(1), for which a fee
is imposed under section 214(c)(9), to reimburse, or otherwise
compensate, the employer for part or all of the cost of such fee.
[[Page 112 STAT. 2681-647]]
It is a violation of this clause for such an employer otherwise to
accept such reimbursement or compensation from such an alien.
``(III) If the Secretary finds, after notice and opportunity for a
hearing, that an employer has committed a violation of this clause, the
Secretary may impose a civil monetary penalty of $1,000 for each such
violation and issue an administrative order requiring the return to the
nonimmigrant of any amount paid in violation of this clause, or, if the
nonimmigrant cannot be located, requiring payment of any such amount to
the general fund of the Treasury.
``(vii)(I) It is a failure to meet a condition of paragraph (1)(A)
for an employer, who has filed an application under this subsection and
who places an H-1B nonimmigrant designated as a full-time employee on
the petition filed under section 214(c)(1) by the employer with respect
to the nonimmigrant, after the nonimmigrant has entered into employment
with the employer, in nonproductive status due to a decision by the
employer (based on factors such as lack of work), or due to the
nonimmigrant's lack of a permit or license, to fail to pay the
nonimmigrant full-time wages in accordance with paragraph (1)(A) for all
such nonproductive time.
``(II) It is a failure to meet a condition of paragraph (1)(A) for
an employer, who has filed an application under this subsection and who
places an H-1B nonimmigrant designated as a part-time employee on the
petition filed under section 214(c)(1) by the employer with respect to
the nonimmigrant, after the nonimmigrant has entered into employment
with the employer, in nonproductive status under circumstances described
in subclause (I), to fail to pay such a nonimmigrant for such hours as
are designated on such petition consistent with the rate of pay
identified on such petition.
``(III) In the case of an H-1B nonimmigrant who has not yet entered
into employment with an employer who has had approved an application
under this subsection, and a petition under section 214(c)(1), with
respect to the nonimmigrant, the provisions of subclauses (I) and (II)
shall apply to the employer beginning 30 days after the date the
nonimmigrant first is admitted into the United States pursuant to the
petition, or 60 days after the date the nonimmigrant becomes eligible to
work for the employer (in the case of a nonimmigrant who is present in
the United States on the date of the approval of the petition).
``(IV) This clause does not apply to a failure to pay wages to an H-
1B nonimmigrant for nonproductive time due to non-work-related factors,
such as the voluntary request of the nonimmigrant for an absence or
circumstances rendering the nonimmigrant unable to work.
``(V) This clause shall not be construed as prohibiting an employer
that is a school or other educational institution from applying to an H-
1B nonimmigrant an established salary practice of the employer, under
which the employer pays to H-1B nonimmigrants and United States
workers in the same occupational classification an annual salary in
disbursements over fewer than 12 months, if--
``(aa) the nonimmigrant agrees to the compressed annual
salary payments prior to the commencement of the employment; and
``(bb) the application of the salary practice to the
nonimmigrant does not otherwise cause the nonimmigrant to
[[Page 112 STAT. 2681-648]]
violate any condition of the nonimmigrant's authorization under
this Act to remain in the United States.
``(VI) This clause shall not be construed as superseding clause
(viii).
``(viii) It is a failure to meet a condition of paragraph (1)(A) for
an employer who has filed an application under this subsection to fail
to offer to an H-1B nonimmigrant, during the nonimmigrant's period of
authorized employment, benefits and eligibility for benefits (including
the opportunity to participate in health, life, disability, and other
insurance plans; the opportunity to participate in retirement and
savings plans; and cash bonuses and noncash compensation, such as stock
options (whether or not based on performance)) on the same basis, and in
accordance with the same criteria, as the employer offers to United
States workers.''.
(b) Use of Arbitration Process for Disputes Involving Qualifications
of United States Workers Not Hired.--
(1) In general.--Section 212(n) (8 U.S.C. 1182(n)), as
amended by section 412(b), is further amended by adding at the
end the following:
``(5)(A) <<NOTE: Applicability.>> This paragraph shall apply instead
of subparagraphs (A) through (E) of paragraph (2) in the case of a
violation described in subparagraph (B), but shall not be construed to
limit or affect the authority of the Secretary or the Attorney General
with respect to any other violation.
``(B) <<NOTE: Establishment.>> The Attorney General shall establish
a process for the receipt, initial review, and disposition in accordance
with this paragraph of complaints respecting an employer's failure to
meet the condition of paragraph (1)(G)(i)(II) or a petitioner's
misrepresentation of material facts with respect to such condition.
Complaints may be filed by an aggrieved individual who has submitted a
resume or otherwise applied in a reasonable manner for the job that is
the subject of the condition. No proceeding shall be conducted under
this paragraph on a complaint concerning such a failure or
misrepresentation unless the Attorney General determines that the
complaint was filed not later than 12 months after the date of the
failure or misrepresentation, respectively.
``(C) If the Attorney General finds that a complaint has been filed
in accordance with subparagraph (B) and there is reasonable cause to
believe that such a failure or misrepresentation described in such
complaint has occurred, the Attorney General shall initiate binding
arbitration proceedings by requesting the Federal Mediation and
Conciliation Service to appoint an arbitrator from the roster of
arbitrators maintained by such Service. The procedure and rules of such
Service shall be applicable to the selection of such arbitrator and to
such arbitration proceedings. The Attorney General shall pay the fee and
expenses of the arbitrator.
``(D)(i) The arbitrator shall make findings respecting whether a
failure or misrepresentation described in subparagraph (B) occurred. If
the arbitrator concludes that failure or misrepresentation was willful,
the arbitrator shall make a finding to that effect. The arbitrator may
not find such a failure or misrepresentation (or that such a failure or
misrepresentation was willful) unless the complainant demonstrates such
a failure or misrepresentation (or its willful character) by clear and
convincing evidence. The arbitrator shall transmit the findings in the
form of a written opinion to the parties to the arbitration and the
Attorney General. Such findings shall be final and conclusive, and,
except as provided
[[Page 112 STAT. 2681-649]]
in this subparagraph, no official or court of the United States shall
have power or jurisdiction to review any such findings.
``(ii) The Attorney General may review and reverse or modify the
findings of an arbitrator only on the same bases as an award of an
arbitrator may be vacated or modified under section 10 or 11 of title 9,
United States Code.
``(iii) With respect to the findings of an arbitrator, a court may
review only the actions of the Attorney General under clause (ii) and
may set aside such actions only on the grounds described in subparagraph
(A), (B), or (C) of section 706(a)(2) of title 5, United States Code.
Notwithstanding any other provision of law, such judicial review may
only be brought in an appropriate United States court of appeals.
``(E) If the Attorney General receives a finding of an arbitrator
under this paragraph that an employer has failed to meet the condition
of paragraph (1)(G)(i)(II) or has misrepresented a material fact with
respect to such condition, unless the Attorney General reverses or
modifies the finding under subparagraph (D)(ii)--
``(i) the Attorney General may impose administrative
remedies (including civil monetary penalties in an amount not to
exceed $1,000 per violation or $5,000 per violation in the case
of a willful failure or misrepresentation) as the Attorney
General determines to be appropriate; and
``(ii) the Attorney General is authorized to not approve
petitions filed, with respect to that employer and for aliens to
be employed by the employer, under section 204 or 214(c)--
``(I) during a period of not more than 1 year; or
``(II) in the case of a willful failure or willful
misrepresentation, during a period of not more than 2
years.
``(F) The Attorney General shall not delegate, to any other employee
or official of the Department of Justice, any function of the Attorney
General under this paragraph, until 60 days after the Attorney General
has submitted a plan for such delegation to the Committees on the
Judiciary of the United States House of Representatives and the
Senate.''.
(2) Conforming amendment.--The first sentence of section
212(n)(2)(A) (8 U.S.C. 1182(n)(2)(A)) is amended by striking
``The Secretary'' and inserting ``Subject to paragraph (5)(A),
the Secretary''.
(c) Liability of Petitioning Employer in Case of Placement of H-1B
Nonimmigrant With Another Employer.--Section 212(n)(2) (8 U.S.C.
1182(n)(2)) is amended by adding at the end the following:
``(E) If an H-1B-dependent employer places a nonexempt H-1B
nonimmigrant with another employer as provided under paragraph (1)(F)
and the other employer has displaced or displaces a United States worker
employed by such other employer during the period described in such
paragraph, such displacement shall be considered for purposes of this
paragraph a failure, by the placing employer, to meet a condition
specified in an application submitted under paragraph (1); except that
the Attorney General may impose a sanction described in subclause (II)
of subparagraph (C)(i), (C)(ii), or (C)(iii) only if the Secretary of
Labor found that such placing employer--
``(i) knew or had reason to know of such displacement at the
time of the placement of the nonimmigrant with the other
employer; or
[[Page 112 STAT. 2681-650]]
``(ii) has been subject to a sanction under this
subparagraph based upon a previous placement of an H-1B
nonimmigrant with the same other employer.''.
(d) Spot Investigations During Probationary Period.--Section
212(n)(2) (8 U.S.C. 1182(n)(2)), as amended by subsection (c), is
further amended by adding at the end the following:
``(F) The Secretary may, on a case-by-case basis, subject an
employer to random investigations for a period of up to 5 years,
beginning on the date (on or after the date of the enactment of the
American Competitiveness and Workforce Improvement Act of 1998) on which
the employer is found by the Secretary to have committed a willful
failure to meet a condition of paragraph (1) (or has been found under
paragraph (5) to have committed a willful failure to meet the condition
of paragraph (1)(G)(i)(II)) or to have made a willful misrepresentation
of material fact in an application. The preceding sentence shall apply
to an employer regardless of whether or not the employer is an H-1B-
dependent employer. The authority of the Secretary under this
subparagraph shall not be construed to be subject to, or limited by, the
requirements of subparagraph (A).''.
(e) Additional Investigative Authority.--
(1) In general.--Section 212(n)(2) (8 U.S.C. 1182(n)(2)),
as amended by subsection (d), is further amended by adding at
the end the following:
``(G)(i) If the Secretary receives specific credible information
from a source, who is likely to have knowledge of an employer's
practices or employment conditions, or an employer's compliance with the
employer's labor condition application under paragraph (1), and whose
identity is known to the Secretary, and such information provides
reasonable cause to believe that the employer has committed a willful
failure to meet a condition of paragraph (1)(A), (1)(B), (1)(E), (1)(F),
or (1)(G)(i)(I), has engaged in a pattern or practice of failures to
meet such a condition, or has committed a substantial failure to meet
such a condition that affects multiple employees, the Secretary may
conduct a 30-day investigation into the alleged failure or
failures. <<NOTE: Certification.>> The Secretary (or the Acting
Secretary in the case of the Secretary's absence or disability) shall
personally certify that the requirements for conducting such an
investigation have been met and shall approve commencement of the
investigation. The Secretary may withhold the identity of the source
from the employer, and the source's identity shall not be subject to
disclosure under section 552 of title 5, United States Code.
``(ii) The Secretary shall establish a procedure for any person,
desiring to provide to the Secretary information described in clause (i)
that may be used, in whole or in part, as the basis for commencement of
an investigation described in such clause, to provide the information in
writing on a form developed and provided by the Secretary and completed
by or on behalf of the person. The person may not be an officer or
employee of the Department of Labor, unless the information satisfies
the requirement of clause (iii)(II) (although an officer or employee of
the Department of Labor may complete the form on behalf of the person).
``(iii) Any investigation initiated or approved by the Secretary
under clause (i) shall be based on information that satisfies the
requirements of such clause and that (I) originates from a source other
than an officer or employee of the Department of Labor,
[[Page 112 STAT. 2681-651]]
or (II) was lawfully obtained by the Secretary of Labor in the course of
lawfully conducting another Department of Labor investigation under this
Act or any other Act.
``(iv) The receipt by the Secretary of information submitted by an
employer to the Attorney General or the Secretary for purposes of
securing the employment of an H-1B nonimmigrant shall not be considered
a receipt of information for purposes of clause (i).
``(v) No investigation described in clause (i) (or hearing described
in clause (vii)) may be conducted with respect to information about a
failure to meet a condition described in clause (i), unless the
Secretary receives the
information not later than 12 months after the date of the alleged
failure.
``(vi) <<NOTE: Notice.>> The Secretary shall provide notice to an
employer with respect to whom the Secretary has received information
described in clause (i), prior to the commencement of an investigation
under such clause, of the receipt of the information and of the
potential for an investigation. The notice shall be provided in such a
manner, and shall contain sufficient detail, to permit the employer to
respond to the allegations before an investigation is commenced. The
Secretary is not required to comply with this clause if the Secretary
determines that to do so would interfere with an effort by the Secretary
to secure compliance by the employer with the requirements of this
subsection. There shall be no judicial review of a determination by the
Secretary under this clause.
``(vii) <<NOTE: Notice.>> If the Secretary determines under this
subparagraph that a reasonable basis exists to make a finding that a
failure described in clause (i) has occurred, the Secretary shall
provide for notice of such determination to the interested parties and
an opportunity for a hearing, in accordance with section 556 of title 5,
United States Code, within 60 days after the date of the determination.
If such a hearing is requested, the Secretary shall make a finding
concerning the matter by not later than 60 days after the date of the
hearing.''.
<<NOTE: 8 USC 1182 note.>> (2) Sunset.--The amendment made
by paragraph (1) shall cease to be effective on September 30,
2001.
(f) Construction.--Section 212(n)(2) (8 U.S.C. 1182(n)(2)), as
amended by subsection (e), is further amended by adding at the end the
following:
``(H) Nothing in this subsection shall be construed as superseding
or preempting any other enforcement-related authority under this Act
(such as the authorities under section 274B), or any other Act.''.
SEC. 414. COLLECTION AND USE OF H-1B NONIMMIGRANT FEES FOR SCHOLARSHIPS
FOR LOW-INCOME MATH, ENGINEERING, AND COMPUTER SCIENCE
STUDENTS AND JOB TRAINING OF UNITED STATES WORKERS.
(a) Imposition of Fee.--Section 214(c) (8 U.S.C. 1184(c)) is amended
by adding at the end the following:
``(9)(A) The Attorney General shall impose a fee on an employer
(excluding an employer described in subparagraph (A) or (B) of section
212(p)(1)) filing (on or after December 1, 1998, and before October 1,
2001) a petition under paragraph (1)--
``(i) initially to grant an alien nonimmigrant status
described in section 101(a)(15)(H)(i)(b);
[[Page 112 STAT. 2681-652]]
``(ii) to extend the stay of an alien having such status
(unless the employer previously has obtained an extension for
such alien); or
``(iii) to obtain authorization for an alien having such
status to change employers.
``(B) The amount of the fee shall be $500 for each such petition.
``(C) Fees collected under this paragraph shall be deposited in the
Treasury in accordance with section 286(s).''.
(b) Establishment of Account; Use of Fees.--Section 286 (8 U.S.C.
1356) is amended by adding at the end the following:
``(s) H-1B Nonimmigrant Petitioner Account.--
``(1) In general.--There is established in the general fund
of the Treasury a separate account, which shall be known as the
`H-1B Nonimmigrant Petitioner Account'. Notwithstanding any
other section of this title, there shall be deposited as
offsetting receipts into the account all fees collected under
section 214(c)(9).
``(2) Use of fees for job training.--56.3 percent of amounts
deposited into the H-1B Nonimmigrant Petitioner Account shall
remain available to the Secretary of Labor until expended for
demonstration programs and projects described in section 414(c)
of the American Competitiveness and Workforce Improvement Act of
1998.
``(3) Use of fees for low-income scholarship program.--28.2
percent of the amounts deposited into the H-1B Nonimmigrant
Petitioner Account shall remain available to the Director of the
National Science Foundation until expended for scholarships
described in section 414(d) of the American Competitiveness and
Workforce Improvement Act of 1998 for low-income students
enrolled in a program of study leading to a degree in
mathematics, engineering, or computer science.
``(4) Additional nsf uses.--
``(A) Grants for mathematics, engineering, or
science enrichment courses.--4 percent of the amounts
deposited into the H-1B Nonimmigrant Petitioner Account
shall remain available to the Director of the National
Science Foundation until expended to make merit-reviewed
grants, under section 3(a)(1) of the National Science
Foundation Act of 1950 (42 U.S.C. 1862(a)(1)), for
programs that provide opportunities for enrollment in
year-round academic enrichment courses in mathematics,
engineering, or science.
``(B) Systemic reform activities.--4 percent of the
amounts deposited into the H-1B Nonimmigrant Petitioner
Account shall remain available to the Director of the
National Science Foundation until expended to carry out
systemic reform activities administered by the National
Science Foundation under section 3(a)(1) of the National
Science Foundation Act of 1950 (42 U.S.C. 1862(a)(1)).
``(5) Use of fees for duties relating to petitions.--1.5
percent of the amounts deposited into the H-1B Nonimmigrant
Petitioner Account shall remain available to the Attorney
General until expended to carry out duties under paragraphs (1)
and (9) of section 214(c) related to petitions made for
nonimmigrants described in section 101(a)(15)(H)(i)(b), to
decrease the processing time for such petitions, and to carry
[[Page 112 STAT. 2681-653]]
out duties under section 416 of the American Competitiveness and
Workforce Improvement Act of 1998. Such amounts shall be
available in addition to any other fees authorized to be
collected by the Attorney General with respect to such
petitions.
``(6) Use of fees for application processing and
enforcement.--For fiscal year 1999, 6 percent of the amounts
deposited into the H-1B Nonimmigrant Petitioner Account shall
remain available to the Secretary of Labor until expended for
decreasing the processing time for applications under section
212(n)(1) and for carrying out section 212(n)(2). Beginning with
fiscal year 2000, 3 percent of the amounts deposited into the H-
1B Nonimmigrant Petitioner Account shall remain available to the
Secretary of Labor until expended for decreasing the processing
time for applications under section 212(n)(1), and 3 percent of
such amounts shall remain available to such Secretary until
expended for carrying out section 212(n)(2). Notwithstanding the
preceding sentence, both of the amounts made available for any
fiscal year (beginning with fiscal year 2000) pursuant to the
preceding sentence shall be available to such Secretary, and
shall remain available until expended, only for decreasing the
processing time for applications under section 212(n)(1) until
the Secretary submits
to the Congress a report containing a certification that, during the
most recently concluded calendar year, the Secretary substantially
complied with the requirement in section 212(n)(1) relating to the
provision of the certification described in section 101(a)(15)(H)(i)(b)
within a 7-day period.''.
<<NOTE: 29 USC 2916 note.>> (c) Demonstration Programs and Projects
To Provide Technical Skills Training for Workers.--
(1) In general.--In establishing demonstration programs
under section 452(c) of the Job Training Partnership Act (29
U.S.C. 1732(c)), as in effect on the date of the enactment of
this Act, or demonstration programs or projects under section
171(b) of the Workforce Investment Act of 1998, the Secretary of
Labor shall use funds available under section 286(s)(2) to
establish demonstration programs or projects to provide
technical skills training for workers, including both employed
and unemployed workers.
(2) Grants.--The Secretary of Labor shall award grants to
carry out the programs and projects described in paragraph (1)
to--
(A)(i) private industry councils established under
section 102 of the Job Training Partnership Act (29
U.S.C. 1512), as in effect on the date of the enactment
of this Act; or
(ii) local boards that will carry out such programs
or projects through one-stop delivery systems
established under section 121 of the Workforce
Investment Act of 1998; or
(B) regional consortia of councils or local boards
described in subparagraph (A).
<<NOTE: 42 USC 1869c.>> (d) Low-Income Scholarship Program.--
(1) Establishment.--The Director of the National Science
Foundation (referred to in this subsection as the ``Director'')
shall award scholarships to low-income individuals to enable
such individuals to pursue associate, undergraduate, or
[[Page 112 STAT. 2681-654]]
graduate level degrees in mathematics, engineering, or computer
science.
(2) Eligibility.--
(A) In general.--To be eligible to receive a
scholarship under this subsection, an individual--
(i) must be a citizen of the United States, a
national of the United States (as defined in
section 101(a) of the Immigration and Nationality
Act), an alien admitted as a refugee under section
207 of the Immigration and Nationality, or an
alien lawfully admitted to the United States for
permanent residence;
(ii) shall prepare and submit to the Director
an application at such time, in such manner, and
containing such information as the Director may
require; and
(iii) shall certify to the Director that the
individual intends to use amounts received under
the scholarship to enroll or continue enrollment
at an institution of higher education (as defined
in section 101(a) of the Higher Education Act of
1965) in order to pursue an associate,
undergraduate, or graduate level degree in
mathematics, engineering, or computer science.
(B) Ability.--Awards of scholarships under this
subsection shall be made by the Director solely on the
basis of the ability of the applicant, except that in
any case in which 2 or more applicants for scholarships
are deemed by the Director to be possessed of
substantially equal ability, and there are not
sufficient scholarships available to grant one to each
of such
applicants, the available scholarship or scholarships shall be awarded
to the applicants in a manner that will tend to result in a
geographically wide distribution throughout the United States of
recipients' places of permanent residence.
(3) Limitation.--The amount of a scholarship awarded under
this subsection shall be determined by the Director, except that
the Director shall not award a scholarship in an amount
exceeding $2,500 per year.
(4) Funding.--The Director shall carry out this subsection
only with funds made available under section 286(s)(3) of the
Immigration and Nationality Act.
SEC. 415. COMPUTATION OF PREVAILING WAGE LEVEL.
(a) In General.--Section 212 (8 U.S.C. 1182) is amended by adding at
the end the following:
``(p)(1) In computing the prevailing wage level for an occupational
classification in an area of employment for purposes of subsections
(n)(1)(A)(i)(II) and (a)(5)(A) in the case of an employee of--
``(A) an institution of higher education (as defined in
section 101(a) of the Higher Education Act of 1965), or a
related or affiliated nonprofit entity; or
``(B) a nonprofit research organization or a Governmental
research organization,
the prevailing wage level shall only take into account employees at such
institutions and organizations in the area of employment.
``(2) With respect to a professional athlete (as defined in
subsection (a)(5)(A)(iii)(II)) when the job opportunity is covered by
professional sports league rules or regulations, the wage set forth
[[Page 112 STAT. 2681-655]]
in those rules or regulations shall be considered as not adversely
affecting the wages of United States workers similarly employed and be
considered the prevailing wage.''.
<<NOTE: 8 USC 1182 note.>> (b) Effective Date.--The amendment made
by subsection (a) applies to prevailing wage computations made--
(1) for applications filed on or after the date of the
enactment of this Act; and
(2) for applications filed before such date, but only to the
extent that the computation is subject to an administrative or
judicial determination that is not final as of such date.
SEC. 416. <<NOTE: 8 USC 1184 note.>> IMPROVING COUNT OF H-1B AND H-2B
NONIMMIGRANTS.
(a) Ensuring Accurate Count.--The Attorney General shall take such
steps as are necessary to maintain an accurate count of the number of
aliens subject to the numerical limitations of section 214(g)(1) of the
Immigration and Nationality Act (8 U.S.C. 1184(g)(1)) who are issued
visas or otherwise provided nonimmigrant status.
(b) Revision of Petition Forms.--The Attorney General shall take
such steps as are necessary to revise the forms used for petitions for
visas or nonimmigrant status under clause (i)(b) or (ii)(b) of section
101(a)(15)(H) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)) so as to ensure that the forms provide the Attorney
General with sufficient information to permit the Attorney General
accurately to count the number of aliens subject to the numerical
limitations of section 214(g)(1) of such Act (8 U.S.C. 1184(g)(1)) who
are issued visas or otherwise provided nonimmigrant status.
(c) Provision of Information.--
(1) Quarterly notification.--Beginning not later than 60
days after the first day of fiscal year 1999, the Attorney
General shall notify, on a quarterly basis, the Committees on
the Judiciary of the United States House of Representatives and
the Senate of the numbers of aliens who were issued visas or
otherwise provided nonimmigrant status under section
101(a)(15)(H)(i)(b) of the Immigration and Nationality Act
during the preceding 3-month period.
(2) Annual submission.--Beginning with fiscal year 2000, the
Attorney General shall submit on an annual basis, to the
Committees on the Judiciary of the United States House of
Representatives and the Senate, information on the countries of
origin and occupations of, educational levels attained by, and
compensation paid to, aliens who were issued visas or otherwise
provided nonimmigrant status under section 101(a)(15)(H)(i)(b)
of the Immigration and Nationality Act during the previous
fiscal year. With respect to the first submission under this
paragraph, the information shall relate solely to aliens
provided nonimmigrant status after the date that is 60 days
after the date on which final regulations are issued to carry
out section 412(a).
(3) Specification of number of petitions filed by certain
employers.--Each notification under paragraph (1), and each
submission under paragraph (2), shall include the number of
aliens who were issued visas or otherwise provided nonimmigrant
status pursuant to petitions filed by institutions or
organizations described in section 212(p)(1) of the Immigration
and Nationality Act (as added by section 415 of this title).
[[Page 112 STAT. 2681-656]]
SEC. 417. <<NOTE: 29 USC 2701 note.>> REPORT ON OLDER WORKERS IN THE
INFORMATION TECHNOLOGY FIELD.
<<NOTE: Contracts.>> (a) Study.--The Director of the National
Science Foundation shall enter into a contract with the President of the
National Academy of Sciences to conduct a study, using the best
available data, assessing the status of older workers in the information
technology field. The study shall consider the following:
(1) The existence and extent of age discrimination in the
information technology workplace.
(2) The extent to which there is a difference, based on age,
in--
(A) promotion and advancement;
(B) working hours;
(C) telecommuting;
(D) salary; and
(E) stock options, bonuses, and other benefits.
(3) The relationship between rates of advancement,
promotion, and compensation to experience, skill level,
education, and age.
(4) Differences in skill level on the basis of age.
(b) Report.--Not later than October 1, 2000, the Director of the
National Science Foundation shall submit to the Committees on the
Judiciary of the United States House of Representatives and the Senate a
report containing the results of the study described in subsection (a).
SEC. 418. <<NOTE: 29 USC 2701 note.>> REPORT ON HIGH TECHNOLOGY LABOR
MARKET NEEDS; REPORTS ON ECONOMIC IMPACT OF INCREASE IN H-1B
NONIMMIGRANTS.
(a) National Science Foundation Study and Report.--
(1) In general.--The Director of the National Science
Foundation shall conduct a study to assess labor market needs
for workers with high technology skills during the next 10
years. The study shall investigate and analyze the following:
(A) Future training and education needs of companies
in the high technology and information technology
sectors and future training and education needs of
United States students to ensure that students' skills
at various levels are matched to the needs in such
sectors.
(B) An analysis of progress made by educators,
employers, and government entities to improve the
teaching and educational level of American students in
the fields of math, science, computer science, and
engineering since 1998.
(C) An analysis of the number of United States
workers currently or projected to work overseas in
professional, technical, and managerial capacities.
(D) The relative achievement rates of United States
and foreign students in secondary schools in a variety
of subjects, including math, science, computer science,
English, and history.
(E) The relative performance, by subject area, of
United States and foreign students in postsecondary and
graduate schools as compared to secondary schools.
(F) The needs of the high technology sector for
foreign workers with specific skills and the potential
benefits and costs to United States employers, workers,
consumers,
[[Page 112 STAT. 2681-657]]
postsecondary educational institutions, and the United
States economy, from the entry of skilled foreign
professionals in the fields of science and engineering.
(G) The needs of the high technology sector to adapt
products and services for export to particular local
markets in foreign countries.
(H) An examination of the amount and trend of moving
the production or performance of products and services
now occurring in the United States abroad.
(2) Report.--Not later than October 1, 2000, the Director of
the National Science Foundation shall submit to the Committees
on the Judiciary of the United States House of Representatives
and the Senate a report containing the results of the study
described in paragraph (1).
(3) Involvement.--The study under paragraph (1) shall be
conducted in a manner that ensures the participation of
individuals representing a variety of points of view.
<<NOTE: 8 USC 1184 note.>> (b) Reporting on Studies Showing
Economic Impact of H-1B Nonimmigrant Increase.--The Chairman of the
Board of Governors of the Federal Reserve System, the Director of the
Office of Management and Budget, the Chair of the Council of Economic
Advisers, the Secretary of the Treasury, the Secretary of Commerce, the
Secretary of Labor, and any other member of the Cabinet, shall promptly
report to the Congress the results of any reliable study that suggests,
based on legitimate economic analysis, that the increase effected by
section 411(a) of this title in the number of aliens who may be issued
visas or otherwise provided nonimmigrant status under section
101(a)(15)(H)(i)(b) of the Immigration and Nationality Act has had an
impact on any national economic indicator, such as the level of
inflation or unemployment, that warrants action by the Congress.
Subtitle B--Special Immigrant Status for Certain NATO Civilian Employees
SEC. 421. SPECIAL IMMIGRANT STATUS FOR CERTAIN NATO CIVILIAN EMPLOYEES.
(a) In General.--Section 101(a)(27) (8 U.S.C. 1101(a)(27)) is
amended--
(1) by striking ``or'' at the end of subparagraph (J);
(2) by striking the period at the end of subparagraph (K)
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(L) an immigrant who would be described in clause (i),
(ii), (iii), or (iv) of subparagraph (I) if any reference in
such a clause--
``(i) to an international organization described in
paragraph (15)(G)(i) were treated as a reference to the
North Atlantic Treaty Organization (NATO);
``(ii) to a nonimmigrant under paragraph (15)(G)(iv)
were treated as a reference to a nonimmigrant
classifiable under NATO-6 (as a member of a civilian
component accompanying a force entering in accordance
with the provisions of the NATO Status-of-Forces
Agreement, a member of a civilian component attached to
or employed by an Allied Headquarters under the
`Protocol on the Status of
[[Page 112 STAT. 2681-658]]
International Military Headquarters' set up pursuant to
the North Atlantic Treaty, or as a dependent); and
``(iii) to the Immigration Technical Corrections Act
of 1988 or to the Immigration and Nationality Technical
Corrections Act of 1994 were a reference to the American
Competitiveness and Workforce Improvement Act of
1998.''.
(b) Conforming Nonimmigrant Status for Certain Parents of Special
Immigrant Children.--Section 101(a)(15)(N) (8 U.S.C. 1101(a)(15)(N)) is
amended--
(1) by inserting ``(or under analogous authority under
paragraph (27)(L))'' after ``(27)(I)(i)''; and
(2) by inserting ``(or under analogous authority under
paragraph (27)(L))'' after ``(27)(I)''.
Subtitle C--Miscellaneous Provision
SEC. 431. ACADEMIC HONORARIA.
(a) In General.--Section 212 (8 U.S.C. 1182), as amended by section
415, is further amended by adding at the end the following:
``(q) Any alien admitted under section 101(a)(15)(B) may accept an
honorarium payment and associated incidental expenses for a usual
academic activity or activities (lasting not longer than 9 days at any
single institution), as defined by the Attorney General in consultation
with the Secretary of Education, if such payment is offered by an
institution or organization described in subsection (p)(1) and is made
for services conducted for the benefit of that institution or entity and
if the alien has not accepted such payment or expenses from more than 5
institutions or organizations in the previous 6-month period.''.
<<NOTE: 8 USC 1182 note.>> (b) Effective Date.--The amendment made
by subsection (a) shall apply to activities occurring on or after the
date of the enactment of this Act.
TITLE V--SALTON SEA FEASIBILITY STUDY
(a) In General.--No later than January 1, 2000, the Secretary of the
Interior, in accordance with this section, shall complete all
feasibility studies and cost analyses for the options set forth in
subsection (b)(2)(A) necessary for Congress to fully evaluate such
options.
(b) Feasibility Study.--
(1) In general.--
(A) The Secretary shall complete all studies,
including, but not limited to environmental and other
reviews, of 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 Salton Sea,
(2) stabilize the surface elevation of the Salton Sea,
(3) reclaim, in the long term, healthy fish and wildlife
resources and their habitats, and (4) enhance the
potential for recreational uses and economic development
of the Salton Sea.
(B) Based solely on whatever information is
available at the time of submission of the report, the
Secretary shall (1) identify any options he deems
economically feasible and cost effective, (2) identify
any additional
[[Page 112 STAT. 2681-659]]
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.
(i) The Secretary shall 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.
(ii) The memorandum of understanding shall, at
a minimum, establish criteria for evaluation and
selection of options under subparagraph (2)(A),
including criteria for determining benefits and
the magnitude and practicability of costs of
construction, operation, and maintenance of each
option evaluated.
(2) Options to be considered.--Options considered in the
feasibility study--
(A) shall consist of, but need not be limited to--
(i) use of impoundments to segregate a portion
of the waters of the Salton Sea in one or more
evaporation ponds located in the Salton Sea basin;
(ii) pumping water out of the Salton Sea;
(iii) augmented flows of water into the Salton
Sea;
(iv) a combination of the options referred to
in clauses (i), (ii), and (iii); and
(v) any other economically feasible
remediation option the Secretary considers
appropriate and for which feasibility analyses and
cost estimates can be completed by January 1,
2000;
(B) shall be limited to proven technologies; and
(C) shall not include any option that--
(i) relies on the importation of any new or
additional water from the Colorado River; or
(ii) is inconsistent with the provisions of
subsection (c).
(3) Assumptions.--In evaluating options, the Secretary shall
apply assumptions regarding water inflows into the Salton Sea
Basin that encourage water conservation, account for transfers
of water out of the Salton Sea Basin, and are based on a maximum
likely reduction in inflows into the Salton Sea Basin which
could be 800,000 acre-feet or less per year.
(4) Consideration of costs.--In evaluating the feasibility
of options, the Secretary shall 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 shall set forth
the basis for any cost sharing allocations as well as
anticipated repayment, if any, of federal contributions.
(c) Relationship to Other Law.--
(1) Reclamation laws.--Activities authorized by this title
shall not be subject to the Act of June 17, 1902 (32 Stat. 388;
43 U.S.C. 391 et seq.), and Acts amendatory thereof and
supplemental thereto. Amounts expended for those activities
shall be considered nonreimbursable for purposes of those laws
and shall not be considered to be a supplemental or additional
benefit for purposes of the Reclamation Reform Act of 1982 (96
Stat. 1263; 43 U.S.C. 390aa et seq.).
[[Page 112 STAT. 2681-660]]
(2) Preservation of rights and obligations with respect to
the colorado river.--This Act shall not be considered to
supersede or otherwise affect any treaty, law, decree, contract,
or agreement governing use of water from the Colorado River. All
activities taken under this Act must be carried out in a manner
consistent with rights and obligations of persons under those
treaties, laws, decrees, contracts, and agreements.
TITLE VI--CHEYENNE RIVER SIOUX TRIBE, LOWER BRULE SIOUX TRIBE, AND STATE
OF SOUTH DAKOTA TERRESTRIAL WILDLIFE HABITAT RESTORATION
SEC. 601. DEFINITIONS.
In this title, the following definitions apply:
(1) Restoration.--The term ``restoration'' means mitigation
of the habitat of wildlife.
(2) Terrestrial wildlife habitat.--The term ``terrestrial
wildlife habitat'' means a habitat for a wildlife species
(including game and nongame species) that existed or exists on
an upland habitat (including a prairie grassland, woodland,
bottom land forest, scrub, or shrub) or an emergent wetland
habitat.
(3) Wildlife.--The term ``wildlife'' has the meaning given
the term in section 8 of the Fish and Wildlife Coordination Act
(16 U.S.C. 666b).
SEC. 602. TERRESTRIAL WILDLIFE HABITAT RESTORATION.
(a) Terrestrial Wildlife Habitat Restoration Plans.--
(1) In general.--In accordance with this subsection and in
consultation with the Secretary and the Secretary of the
Interior, the State of South Dakota, the Cheyenne River Sioux
Tribe, and the Lower Brule Sioux Tribe shall, as a condition of
the receipt of funds under this title, 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 as part of the Pick-Sloan Missouri
River Basin program.
(2) Submission of plan to secretary.--On completion of a
plan for terrestrial wildlife habitat restoration, the State of
South Dakota, the Cheyenne River Sioux Tribe, and the Lower
Brule Sioux Tribe shall submit the plan to the Secretary.
(3) Review by secretary and submission to committees.--The
Secretary shall review the plan and submit the plan, with any
comments, to the appropriate committees of the Senate and the
House of Representatives.
(4) Funding for carrying out plans.--
(A) State of south dakota.--
(i) Notification.--On receipt of the plan for
terrestrial wildlife habitat restoration submitted
by the State of South Dakota, each of the
Committees referred to in paragraph (3) shall
notify the Secretary of the Treasury of the
receipt of the plan.
(ii) Availability of funds.--On notification
in accordance with clause (i), the Secretary of
the Treasury shall make available to the State of
South Dakota funds from the South Dakota
Terrestrial Wildlife Habitat Restoration Trust
Fund established under section
[[Page 112 STAT. 2681-661]]
803, to be used to carry out the plan for
terrestrial wildlife habitat restoration submitted
by the State and only after the Trust Fund is
fully capitalized.
(B) Cheyenne river sioux tribe and lower brule sioux
tribe.--
(i) Notification.--On receipt of the plan for
terrestrial wildlife habitat restoration submitted
by the Cheyenne River Sioux Tribe and the Lower
Brule Sioux Tribe, each of the Committees referred
to in paragraph (3) shall notify the Secretary of
the Treasury of the receipt of each of the plans.
(ii) Availability of funds.--On notification
in accordance with clause (i), the Secretary of
the Treasury shall make available to the Cheyenne
River Sioux
Tribe and the Lower Brule Sioux Tribe funds from the Cheyenne River
Sioux Tribe Terrestrial Wildlife Habitat Restoration Trust Fund and the
Lower Brule Sioux Tribe Terrestrial Wildlife Habitat Restoration Trust
Fund, respectively, established under section 804, to be used to carry
out the plan for terrestrial wildlife habitat restoration submitted by
the Cheyenne River Sioux Tribe and the Lower Brule Sioux Tribe,
respectively, and only after the Trust Fund is fully capitalized.
(C) Transition period.--
(i) In general.--During the period described
in clause (ii), the Secretary shall--
(I) fund the terrestrial wildlife
habitat restoration programs being
carried out on the date of enactment of
this Act on Oahe and Big Bend project
land and the plans established under
this section at a level that does not
exceed the highest amount of funding
that was provided for the programs
during a previous fiscal year; and
(II) fund the activities described
in sections 803(d)(3) and 804(d)(3).
(ii) Period.--Clause (i) shall apply during
the period--
(I) beginning on the date of
enactment of this Act; and
(II) ending on the date on which
funds are made available for use from
the South Dakota Terrestrial Wildlife
Habitat Restoration Trust Fund under
section 803(d)(3)(A)(i) and the Cheyenne
River Sioux Tribe Terrestrial Wildlife
Habitat Restoration Trust Fund and the
Lower Brule Sioux Tribe Terrestrial
Wildlife Habitat Restoration Trust Fund
under section 804(d)(3)(A)(i).
(b) Programs for the Purchase of Wildlife Habitat Leases.--
(1) In general.--The State of South Dakota may use funds
made available under section 803(d)(3)(A)(iii) to develop a
program for the purchase of wildlife habitat leases that meets
the requirements of this subsection.
(2) Development of a plan.--
(A) In general.--If the State of South Dakota, the
Cheyenne River Sioux Tribe, or the Lower Brule Sioux
[[Page 112 STAT. 2681-662]]
Tribe elects to conduct a program under this subsection,
the State of South Dakota, the Cheyenne River Sioux
Tribe, or the Lower Brule Sioux Tribe (in consultation
with the United States Fish and Wildlife Service and the
Secretary and with an opportunity for public comment)
shall develop a plan to lease land for the protection
and development of wildlife habitat, including habitat
for threatened and endangered species, associated with
the Missouri River ecosystem.
(B) Use for program.--The plan shall be used by the
State of South Dakota, the Cheyenne River Sioux Tribe,
or the Lower Brule Sioux Tribe in carrying out the
program carried out under paragraph (1).
(3) Conditions of leases.--Each lease covered under a
program carried out under paragraph (1) shall specify that the
owner of the property that is subject to the lease shall
provide--
(A) public access for sportsmen during hunting
season; and
(B) public access for other outdoor uses covered
under the lease, as negotiated by the landowner and the
State of South Dakota, the Cheyenne River Sioux Tribe,
or the Lower Brule Sioux Tribe.
(4) Use of assistance.--
(A) State of south dakota.--If the State of South
Dakota conducts a program under this subsection, the
State may use funds made available under section
803(d)(3)(A)(iii) to--
(i) acquire easements, rights-of-way, or
leases for management and protection of wildlife
habitat, including habitat for threatened and
endangered species, and public access to wildlife
on private property in the State of South Dakota;
(ii) create public access to Federal or State
land through the purchase of easements or rights-
of-way that traverse such private property; or
(iii) lease land for the creation or
restoration of a wetland on such private property.
(B) Cheyenne river sioux tribe and lower brule sioux
tribe.--If the Cheyenne River Sioux Tribe or the Lower
Brule Sioux Tribe conducts a program under this
subsection, the Tribe may use funds made available under
section 804(d)(3)(A)(iii) for the purposes described in
subparagraph (A).
(c) Federal Obligation for Terrestrial Wildlife Habitat Mitigation
for the Big Bend and Oahe Projects in South Dakota.--The establishment
of the trust funds under sections 803 and 804 and the development and
implementation of plans for terrestrial wildlife habitat restoration
developed by the State of South Dakota, the Cheyenne River Sioux Tribe,
and the Lower Brule Sioux Tribe in accordance with this section shall be
considered to satisfy the Federal obligation under the Fish and Wildlife
Coordination Act (16 U.S.C. 661 et seq.) for terrestrial wildlife
habitat mitigation for the State of South Dakota, the Cheyenne River
Sioux Tribe, and the Lower Brule Sioux Tribe for the Big Bend and Oahe
projects carried out as part of the Pick-Sloan Missouri River Basin
program.
[[Page 112 STAT. 2681-663]]
SEC. 603. SOUTH DAKOTA TERRESTRIAL WILDLIFE HABITAT RESTORATION TRUST
FUND.
(a) Establishment.--There is established in the Treasury of the
United States a fund to be known as the ``South Dakota Terrestrial
Wildlife Habitat Restoration Trust Fund'' (referred to in this section
as the ``Fund'').
(b) Funding.--For the fiscal year during which this Act is enacted
and each fiscal year thereafter until the aggregate amount deposited in
the Fund under this subsection is equal to at least $108,000,000, the
Secretary of the Treasury shall deposit $10,000,000 in the Fund.
(c) Investments.--The Secretary of the Treasury shall invest the
amounts deposited under subsection (b) only in interest-bearing
obligations of the United States or in obligations guaranteed by the
United States as to both principal and interest.
(d) Payments.--
(1) In general.--All amounts credited as interest under
subsection (c) shall be available, without fiscal year
limitation, to the State of South Dakota for use in accordance
with paragraph (3) after the Fund has been fully capitalized.
(2) Withdrawal and transfer of funds.--Subject to section
802(a)(4)(A), the Secretary of the Treasury shall withdraw
amounts credited as interest under paragraph (1) and transfer
the amounts to the State of South Dakota for use as State funds
in accordance with paragraph (3) after the Fund has been fully
capitalized.
(3) Use of transferred funds.--
(A) In general.--Subject to subparagraph (B), the
State of South Dakota shall use the amounts transferred
under paragraph (2) only to--
(i) fully fund the annually scheduled work
described in the terrestrial wildlife habitat
restoration plan of the State developed under
section 802(a); and
(ii) with any remaining funds--
(I) protect archaeological,
historical, and cultural sites located
along the Missouri River on land
transferred to the State;
(II) fund all costs associated with
the ownership, management, operation,
administration, maintenance, and
development of recreation areas and
other lands that are transferred to the
State of South Dakota by the Secretary;
(III) purchase and administer
wildlife habitat leases under section
802(b);
(IV) carry out other activities
described in section 802; and
(V) develop and maintain public
access to, and protect, wildlife habitat
and recreation areas along the Missouri
River.
(B) Prohibition.--The amounts transferred under
paragraph (2) shall not be used for the purchase of land
in fee title.
(e) Transfers and Withdrawals.--Except as provided in subsection
(d), the Secretary of the Treasury may not transfer or withdraw any
amount deposited under subsection (b).
[[Page 112 STAT. 2681-664]]
(f) Administrative Expenses.--There are authorized to be
appropriated to the Secretary of the Treasury such sums as are necessary
to pay the administrative expenses of the Fund.
SEC. 604. CHEYENNE RIVER SIOUX TRIBE AND LOWER BRULE SIOUX TRIBE
TERRESTRIAL WILDLIFE HABITAT RESTORATION TRUST FUNDS.
(a) Establishment.--There are established in the Treasury of the
United States 2 funds to be known as the ``Cheyenne River Sioux Tribe
Terrestrial Wildlife Restoration Trust Fund'' and the ``Lower Brule
Sioux Tribe Terrestrial Wildlife Habitat Restoration Trust Fund'' (each
of which is referred to in this section as a ``Fund'').
(b) Funding.--
(1) In general.--Subject to paragraph (2), for the fiscal
year during which this Act is enacted and each fiscal year
thereafter until the aggregate amount deposited in the Funds
under this subsection is equal to at least $57,400,000, the
Secretary of the Treasury shall deposit $5,000,000 in the Funds.
(2) Allocation.--Of the total amount of funds deposited into
the Funds for a fiscal year, the Secretary of the Treasury shall
deposit--
(A) 74 percent of the funds into the Cheyenne River
Sioux Tribe Terrestrial Wildlife Restoration Trust Fund;
and
(B) 26 percent of the funds into the Lower Brule
Sioux Tribe Terrestrial Wildlife Habitat Restoration
Trust Fund.
(c) Investments.--The Secretary of the Treasury shall invest the
amounts deposited under subsection (b) only in interest-bearing
obligations of the United States or in obligations guaranteed as to both
principal and interest by the United States.
(d) Payments.--
(1) In general.--All amounts credited as interest under
subsection (c) shall be available after the Trust Funds are
fully capitalized, without fiscal year limitation, to the
Cheyenne River Sioux Tribe and the Lower Brule Sioux Tribe for
their use in accordance with paragraph (3).
(2) Withdrawal and transfer of funds.--Subject to section
802(a)(4)(B), the Secretary of the Treasury shall withdraw
amounts credited as interest under paragraph (1) and transfer
the amounts to the Cheyenne River Sioux Tribe and the Lower
Brule Sioux Tribe for use in accordance with paragraph (3).
(3) Use of transferred funds.--
(A) In general.--Subject to subparagraph (B), the
Cheyenne River Sioux Tribe and the Lower Brule Sioux
Tribe shall use the amounts transferred under paragraph
(2) only to--
(i) fully fund the annually scheduled work
described in the terrestrial wildlife habitat
restoration plan of the respective Tribe developed
under section 802(a); and
(ii) with any remaining funds--
(I) protect archaeological,
historical, and cultural sites located
along the Missouri River on land
transferred to the respective Tribe;
(II) fund all costs associated with
the ownership, management, operation,
administration,
[[Page 112 STAT. 2681-665]]
maintenance, and development of
recreation areas and other lands that
are transferred to the respective Tribe
by the Secretary;
(III) purchase and administer
wildlife habitat leases under section
802(b);
(IV) carry out other activities
described in section 802; and
(V) develop and maintain public
access to, and protect, wildlife habitat
and recreation areas along the Missouri
River.
(B) Prohibition.--The amounts transferred under
paragraph (2) shall not be used for the purchase of land
in fee title.
(e) Transfers and Withdrawals.--Except as provided in subsection
(d), the Secretary of the Treasury may not transfer or withdraw any
amount deposited under subsection (b).
(f) Administrative Expenses.--There are authorized to be
appropriated to the Secretary of the Treasury such sums as are necessary
to pay the administrative expenses of the Fund.
SEC. 605. TRANSFER OF FEDERAL LAND TO STATE OF SOUTH DAKOTA.
(a) In General.--
(1) Transfer.--
(A) In general.--The Secretary shall transfer to the
Department of Game, Fish and Parks of the State of South
Dakota (referred to in this section as the
``Department'') the land and recreation areas described
in subsections (b) and (c) for fish and wildlife
purposes, or public recreation uses, in perpetuity.
(B) Permits, rights-of-way, and easements.--All
permits, rights-of-way, and easements granted by the
Secretary to the Oglala Sioux Tribe for land on the west
side of the Missouri River between the Oahe Dam and
Highway 14, and all permits, rights-of-way, and
easements on any other land administered by the
Secretary and used by the Oglala Sioux Rural Water
Supply System, are granted to the Oglala Sioux Tribe in
perpetuity to be held in trust under section 3(e) of the
Mni Wiconi Project Act of 1988 (102 Stat. 2568).
(2) Uses.--The Department shall maintain and develop the
land outside the recreation areas for fish and wildlife purposes
in accordance with--
(A) fish and wildlife purposes in effect on the date
of enactment of this Act; or
(B) a plan developed under section 802.
(3) Corps of engineers.--The transfer shall not interfere
with the Corps of Engineers operation of a project under this
section for an authorized purpose of the project under the Act
of December 22, 1944 (58 Stat. 887, chapter 665; 33 U.S.C. 701-1
et seq.), or other applicable law.
(4) Secretary.--The Secretary shall retain the right to
inundate with water the land transferred to the Department under
this section or draw down a project reservoir, as necessary to
carry out an authorized purpose of a project.
(b) Land Transferred.--The land described in this subsection is land
that--
[[Page 112 STAT. 2681-666]]
(1) is located above the top of the exclusive flood pool of
the Oahe, Big Bend, Fort Randall, and Gavin's Point projects of
the Pick-Sloan Missouri River Basin program;
(2) was acquired by the Secretary for the implementation of
the Pick-Sloan Missouri River Basin program;
(3) is located outside the external boundaries of a
reservation of an Indian Tribe; and
(4) is located within the State of South Dakota.
(c) Recreation Areas Transferred.--A recreation area described in
this section includes the land and waters within a recreation area
that--
(1) the Secretary determines, at the time of the transfer,
is a recreation area classified for recreation use by the Corps
of Engineers on the date of enactment of this Act;
(2) is located outside the external boundaries of a
reservation of an Indian Tribe;
(3) is located within the State of South Dakota;
(4) is not the recreation area known as ``Cottonwood'',
``Training Dike'', or ``Tailwaters''; and
(5) is located below Gavin's Point Dam in the State of South
Dakota in accordance with boundary agreements and reciprocal
fishing agreements between the State of South Dakota and the
State of Nebraska in effect on the date of enactment of this
Act, which agreements shall continue to be honored by the State
of South Dakota as the agreements apply to any land or
recreation areas transferred under this title to the State of
South Dakota below Gavin's Point Dam and on the waters of the
Missouri River.
(d) Map.--
(1) In general.--The Secretary, in consultation with the
Department, shall prepare a map of the land and recreation areas
transferred under this section.
(2) Land.--The map shall identify--
(A) land reasonably expected to be required for
project purposes during the 20-year period beginning on
the date of enactment of this Act; and
(B) dams and related structures;
which shall be retained by the Secretary.
(3) Availability.--The map shall be on file in the
appropriate offices of the Secretary.
(e) Schedule for Transfer.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of the Army and the
Secretary of the Department shall jointly develop a schedule for
transferring the land and recreation areas under this section.
(2) Transfer deadline.--All land and recreation areas shall
be transferred not later than 1 year after the full
capitalization of the Trust Fund described in section 803.
(f) Transfer Conditions.--The land and recreation areas described in
subsections (b) and (c) shall be transferred in fee title to the
Department on the following conditions:
(1) Responsibility for damage.--The Secretary shall not be
responsible for any damage to the land caused by flooding,
sloughing, erosion, or other changes to the land caused by the
operation of any project of the Pick-Sloan Missouri River Basin
program (except as otherwise provided by Federal law).
[[Page 112 STAT. 2681-667]]
(2) Easements, rights-of-way, leases, and cost-sharing
agreements.--The Department shall maintain all easements,
rights-of-way, leases, and cost-sharing agreements that are in
effect as of the date of the transfer.
(g) Hunting and Fishing.--
(1) In general.--Nothing in this title affects jurisdiction
over the land and water below the exclusive flood pool of the
Missouri River within the State of South Dakota, including
affected Indian reservations. The State of South Dakota, the
Lower Brule Sioux Tribe, and the Cheyenne River Sioux Tribe
shall continue in perpetuity to exercise the jurisdiction the
State and Tribes possess on the date of enactment of this Act.
(2) No effect on respective jurisdictions.--The Secretary
may not adopt any regulation or otherwise affect the respective
jurisdictions of the State of South Dakota, the Lower Brule
River Sioux Tribe, or the Cheyenne River Sioux Tribe described
in paragraph (1).
(h) Applicability of Law.--Notwithstanding any other provision of
this Act, the following provisions of law shall apply to land
transferred under this section:
(1) The National Historic Preservation Act (16 U.S.C. 470 et
seq.), including sections 106 and 304 of that Act (16 U.S.C.
470f, 470w-3).
(2) The Archaeological Resources Protection Act of 1979 (16
U.S.C. 470aa et seq.), including sections 4, 6, 7, and 9 of that
Act (16 U.S.C. 470cc, 470ee, 470ff, 470hh).
(3) The Native American Graves Protection Act and
Repatriation Act (25 U.S.C. 3001 et seq.), including subsections
(a) and (d) of section 3 of that Act (25 U.S.C. 3003).
SEC. 606. TRANSFER OF CORPS OF ENGINEERS LAND FOR INDIAN TRIBES.
(a) In General.--
(1) Transfer.--The Secretary of the Army shall transfer to
the Secretary of the Interior the land and recreation areas
described in subsections (b) and (c).
(2) Corps of engineers.--The transfer shall not interfere
with the Corps of Engineers operation of a project under this
section for an authorized purpose of the project under the Act
of December 22, 1944 (58 Stat. 887, chapter 665; 33 U.S.C. 701-1
et seq.), or other applicable law.
(3) Secretary of the army.--The Secretary of the Army shall
retain the right to inundate with water the land transferred to
the Secretary of the Interior under this section or draw down a
project reservoir, as necessary to carry out an authorized
purpose of a project.
(4) Trust.--The Secretary of the Interior shall hold in
trust for the Cheyenne River Sioux Tribe and the Lower Brule
Sioux Tribe the land transferred under this section that is
located within the external boundaries of the reservation of the
Indian Tribes.
(b) Land Transferred.--The land described in this subsection is land
that--
(1) is located above the top of the exclusive flood pool of
the Big Bend and Oahe projects of the Pick-Sloan Missouri River
Basin program;
[[Page 112 STAT. 2681-668]]
(2) was acquired by the Secretary of the Army for the
implementation of the Pick-Sloan Missouri River Basin program;
and
(3) is located within the external boundaries of the
reservation of the Cheyenne River Sioux Tribe and the Lower
Brule Sioux Tribe.
(c) Recreation Areas Transferred.--A recreation area described in
this section includes the land and waters within a recreation area
that--
(1) the Secretary determines, at the time of the transfer,
is a recreation area classified for recreation
use by the Corps of Engineers on the date of enactment of this Act;
(2) is located within the external boundaries of a
reservation of an Indian Tribe; and
(3) is located within the State of South Dakota.
(d) Map.--
(1) In general.--The Secretary, in consultation with the
governing bodies of the Cheyenne River Sioux Tribe and the Lower
Brule Sioux Tribe, shall prepare a map of the land transferred
under this section.
(2) Land.--The map shall identify--
(A) land reasonably expected to be required for
project purposes during the 20-year period beginning on
the date of enactment of this Act; and
(B) dams and related structures;
which shall be retained by the Secretary.
(3) Availability.--The map shall be on file in the
appropriate offices of the Secretary.
(e) Schedule for Transfer.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary and the Chairmen of the
Cheyenne River Sioux Tribe and the Lower Brule Sioux Tribe shall
jointly develop a schedule for transferring the land and
recreation areas under this section.
(2) Transfer deadline.--All land and recreation areas shall
be transferred not later than 1 year after the full
capitalization of the State and tribal Trust Fund described in
section 804.
(f) Transfer Conditions.--The land and recreation areas described in
subsections (b) and (c) shall be transferred to, and held in trust by,
the Secretary of the Interior on the following conditions:
(1) Responsibility for damage.--The Secretary shall not be
responsible for any damage to the land caused by flooding,
sloughing, erosion, or other changes to the land caused by the
operation of any project of the Pick-Sloan Missouri River Basin
program (except as otherwise provided by Federal law).
(2) Hunting and fishing.--Nothing in this title affects
jurisdiction over the land and waters below the exclusive flood
pool and within the external boundaries of the Cheyenne River
Sioux Tribe and Lower Brule Sioux Tribe reservations. The State
of South Dakota, the Lower Brule Sioux Tribe, and the Cheyenne
River Sioux Tribe shall continue to exercise, in perpetuity, the
jurisdiction they possess on the date of enactment of this Act
with regard to those lands and waters. The Secretary may not
adopt any regulation or otherwise affect the respective
jurisdictions of the State of South Dakota, the
[[Page 112 STAT. 2681-669]]
Lower Brule River Sioux Tribe, or the Cheyenne River Sioux Tribe
described in the preceding sentence. Jurisdiction over the land
transferred under this section shall be the same as that over
other land held in trust by the Secretary of the Interior on the
Cheyenne River Sioux Tribe reservation and the Lower Brule Sioux
Tribe reservation.
(3) Easements, rights-of-way, leases, and cost-sharing
agreements.--
(A) Maintenance.--The Secretary of the Interior
shall maintain all easements, rights-of-way, leases, and
cost-sharing agreements that are in effect as of the
date of the transfer.
(B) Payments to county.--The Secretary of the
Interior shall pay any affected county 100 percent of
the receipts from the easements, rights-of-way, leases,
and cost-sharing agreements described in subparagraph
(A).
SEC. 607. ADMINISTRATION.
(a) In General.--Nothing in this title diminishes or affects--
(1) any water right of an Indian Tribe;
(2) any other right of an Indian Tribe, except as
specifically provided in another provision of this title;
(3) any treaty right that is in effect on the date of
enactment of this Act;
(4) any external boundary of an Indian reservation of an
Indian Tribe;
(5) any authority of the State of South Dakota that relates
to the protection, regulation, or management of fish,
terrestrial wildlife, and cultural and archaeological resources,
except as specifically provided in this title; or
(6) any authority of the Secretary, the Secretary of the
Interior, or the head of any other Federal agency under a law in
effect on the date of enactment of this Act, including--
(A) the National Historic Preservation Act (16
U.S.C. 470 et seq.);
(B) the Archaeological Resources Protection Act of
1979 (16 U.S.C. 470aa et seq.);
(C) the Fish and Wildlife Coordination Act (16
U.S.C. 661 et seq.);
(D) the Act entitled ``An Act for the protection of
the bald eagle'', approved June 8, 1940 (16 U.S.C. 668
et seq.);
(E) the Migratory Bird Treaty Act (16 U.S.C. 703 et
seq.);
(F) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
(G) the Native American Graves Protection and
Repatriation Act (25 U.S.C. 3001 et seq.);
(H) the Federal Water Pollution Control Act
(commonly known as the ``Clean Water Act'') (33 U.S.C.
1251 et seq.);
(I) the Safe Drinking Water Act (42 U.S.C. 300f et
seq.); and
(J) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).
(b) Federal Liability for Damage.--Nothing in this title relieves
the Federal Government of liability for damage to private land caused by
the operation of the Pick-Sloan Missouri River Basin program.
[[Page 112 STAT. 2681-670]]
(c) Flood Control.--Notwithstanding any other provision of this
title, the Secretary shall retain the authority to operate the Pick-
Sloan Missouri River Basin program for purposes of meeting the
requirements of the Act of December 22, 1944 (58 Stat. 887, chapter 665;
33 U.S.C. 701-1 et seq.).
SEC. 608. STUDY.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall arrange for the United States
Geological Survey, in consultation with the Bureau of Indian Affairs and
other appropriate Federal agencies, to conduct a comprehensive study of
the potential impacts of the transfer of land under sections 805(b) and
806(b), including potential impacts on South Dakota Sioux Tribes having
water claims within the Missouri River Basin, on water flows in the
Missouri River.
(b) No Transfer Pending Determination.--No transfer of land under
section 805(b) or 806(b) shall occur until the Secretary determines,
based on the study, that the transfer of land under either section will
not significantly reduce the amount of water flow to the downstream
States of the Missouri River.
SEC. 609. AUTHORIZATION OF APPROPRIATIONS.
(a) Secretary.--There are authorized to be appropriated to the
Secretary such sums as are necessary--
(1) to pay the administrative expenses incurred by the
Secretary in carrying out this title; and
(2) to fund the implementation of terrestrial wildlife
habitat restoration plans under section 802(a) and other
activities under sections 803(d)(3) and 804(d)(3).
(b) Secretary of the Interior.--There are authorized to be
appropriated to the Secretary of the Interior such sums as are necessary
to pay the administrative expenses incurred by the Secretary of the
Interior in carrying out this title.
TITLE <<NOTE: Office of National Drug Control Policy Reauthorization Act
of 1998.>> VII--OFFICE OF NATIONAL DRUG CONTROL POLICY REAUTHORIZATION
SEC. <<NOTE: 21 USC 1701 note.>> 701. SHORT TITLE.
This title may be cited as the ``Office of National Drug Control
Policy Reauthorization Act of 1998''.
SEC. <<NOTE: 21 USC 1701.>> 702. DEFINITIONS.
In this title:
(1) Demand reduction.--The term ``demand reduction'' means
any activity conducted by a National Drug Control Program
agency, other than an enforcement activity, that is intended to
reduce the use of drugs, including--
(A) drug abuse education;
(B) drug abuse prevention;
(C) drug abuse treatment;
(D) drug abuse research;
(E) drug abuse rehabilitation;
(F) drug-free workplace programs; and
(G) drug testing.
(2) Director.--The term ``Director'' means the Director of
National Drug Control Policy.
[[Page 112 STAT. 2681-671]]
(3) Drug.--The term ``drug'' has the meaning given the term
``controlled substance'' in section 102(6) of the Controlled
Substances Act (21 U.S.C. 802(6)).
(4) Drug control.--The term ``drug control'' means any
activity conducted by a National Drug Control Program agency
involving supply reduction or demand reduction.
(5) Fund.--The term ``Fund'' means the fund established
under section 703(d).
(6) National drug control program.--The term ``National Drug
Control Program'' means programs, policies, and activities
undertaken by National Drug Control Program agencies pursuant to
the responsibilities of such agencies under the National Drug
Control Strategy.
(7) National drug control program agency.--The term
``National Drug Control Program agency'' means any agency that
is responsible for implementing any aspect of the National Drug
Control Strategy, including any agency that receives Federal
funds to implement any aspect of the National Drug Control
Strategy, but does not include any agency that receives funds
for drug control activity solely under the National Foreign
Intelligence Program, the Joint Military Intelligence Program or
Tactical Intelligence and Related Activities, unless such agency
has been designated--
(A) by the President; or
(B) jointly by the Director and the head of the
agency.
(8) National drug control strategy.--The term ``National
Drug Control Strategy'' means the strategy developed and
submitted to Congress under section 706.
(9) Office.--Unless the context clearly implicates
otherwise, the term ``Office'' means the Office of National Drug
Control Policy established under section 703(a).
(10) State and local affairs.--The term ``State and local
affairs'' means domestic activities conducted by a National Drug
Control Program agency that are intended to reduce the
availability and use of drugs, including--
(A) coordination and facilitation of Federal, State,
and local law enforcement drug control efforts;
(B) promotion of coordination and cooperation among
the drug supply reduction and demand reduction agencies
of the various States, territories, and units of local
government; and
(C) such other cooperative governmental activities
which promote a comprehensive approach to drug control
at the national, State, territory, and local levels.
(11) Supply reduction.--The term ``supply reduction'' means
any activity of a program conducted by a National Drug Control
Program agency that is intended to reduce the availability or
use of drugs in the United States and abroad, including--
(A) international drug control;
(B) foreign and domestic drug intelligence;
(C) interdiction; and
(D) domestic drug law enforcement, including law
enforcement directed at drug users.
[[Page 112 STAT. 2681-672]]
SEC. 703. <<NOTE: 21 USC 1702.>> OFFICE OF NATIONAL DRUG CONTROL POLICY.
(a) Establishment of Office.--There is established in the Executive
Office of the President an Office of National Drug Control Policy, which
shall--
(1) develop national drug control policy;
(2) coordinate and oversee the implementation of that
national drug control policy;
(3) assess and certify the adequacy of national drug control
programs and the budget for those programs; and
(4) evaluate the effectiveness of the national drug control
programs.
(b) Director and Deputy Directors.--
(1) Director.--There shall be at the head of the Office a
Director of National Drug Control Policy.
(2) Deputy director of national drug control policy.--There
shall be in the Office a Deputy Director of National Drug
Control Policy, who shall assist the Director in carrying out
the responsibilities of the Director under this title.
(3) Other deputy directors.--There shall be in the Office--
(A) a Deputy Director for Demand Reduction, who
shall be responsible for the activities described in
subparagraphs (A) through (G) of section 702(1);
(B) a Deputy Director for Supply Reduction, who
shall be responsible for the activities described in
subparagraphs (A) through (C) of section 702(11); and
(C) a Deputy Director for State and Local Affairs,
who shall be responsible for the activities described in
subparagraphs (A) through (C) of section 702(10) and
subparagraph (D) of section 702(11).
(c) Access by Congress.--The location of the Office in the Executive
Office of the President shall not be construed as affecting access by
Congress, or any committee of the House of Representatives or the
Senate, to any--
(1) information, document, or study in the possession of, or
conducted by or at the direction of the Director; or
(2) personnel of the Office.
(d) Office of National Drug Control Policy Gift Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund for the receipt of gifts, both real and
personal, for the purpose of aiding or facilitating the work of
the Office under section 704(c).
(2) Contributions.--The Office may accept, hold, and
administer contributions to the Fund.
(3) Use of amounts deposited.--Amounts deposited in the Fund
are authorized to be appropriated, to remain available until
expended for authorized purposes at the discretion of the
Director.
SEC. 704. <<NOTE: 21 USC 1703.>> APPOINTMENT AND DUTIES OF DIRECTOR AND
DEPUTY DIRECTORS.
(a) Appointment.--
(1) In general.--The Director, the Deputy Director of
National Drug Control Policy, the Deputy Director for Demand
Reduction, the Deputy Director for Supply Reduction, and the
Deputy Director for State and Local Affairs, shall each be
appointed by the President, by and with the advice and consent
[[Page 112 STAT. 2681-673]]
of the Senate, and shall serve at the pleasure of the President.
In appointing the Deputy Director for Demand Reduction under
this paragraph, the President shall take into consideration the
scientific, educational or professional background of the
individual, and whether the individual has experience in the
fields of substance abuse prevention, education, or treatment.
(2) Duties of deputy director of national drug control
policy.--The Deputy Director of National Drug Control Policy
shall--
(A) carry out the duties and powers prescribed by
the Director; and
(B) serve as the Director in the absence of the
Director or during any period in which the office of the
Director is vacant.
(3) Designation of other officers.--In the absence of the
Deputy Director, or if the Office of the Deputy Director is
vacant, the Director shall designate such other permanent
employee of the Office to serve as the Director, if the Director
is absent or unable to serve.
(4) Prohibition.--No person shall serve as Director or a
Deputy Director while serving in any other position in the
Federal Government.
(5) Prohibition on political campaigning.--Any officer or
employee of the Office who is appointed to that position by the
President, by and with the advice and consent of the Senate, may
not participate in Federal election campaign activities, except
that such official is not prohibited by this paragraph from
making contributions to individual candidates.
(b) Responsibilities.--The Director--
(1) shall assist the President in the establishment of
policies, goals, objectives, and priorities for the National
Drug Control Program;
(2) shall promulgate the National Drug Control Strategy
under section 706(a) and each report under section 706(b) in
accordance with section 706;
(3) shall coordinate and oversee the implementation by the
National Drug Control Program agencies of the policies, goals,
objectives, and priorities established under paragraph (1) and
the fulfillment of the responsibilities of such agencies under
the
National Drug Control Strategy and make recommendations to National Drug
Control Program agency heads with respect to implementation of Federal
counter-drug programs;
(4) shall make such recommendations to the President as the
Director determines are appropriate regarding changes in the
organization, management, and budgets of Federal departments and
agencies engaged in drug enforcement, and changes in the
allocation of personnel to and within those departments and
agencies, to implement the policies, goals, priorities, and
objectives established under paragraph (1) and the National Drug
Control Strategy;
(5) shall consult with and assist State and local
governments with respect to the formulation and implementation
of National Drug Control Policy and their relations with the
National Drug Control Program agencies;
[[Page 112 STAT. 2681-674]]
(6) shall appear before duly constituted committees and
subcommittees of the House of Representatives and of the Senate
to represent the drug policies of the executive branch;
(7) shall notify any National Drug Control Program agency if
its policies are not in compliance with the responsibilities of
the agency under the National Drug Control Strategy, transmit a
copy of each such notification to the President, and maintain a
copy of each such notification;
(8) shall provide, by July 1 of each year, budget
recommendations, including requests for specific initiatives
that are consistent with the priorities of the President under
the National Drug Control Strategy, to the heads of departments
and agencies with responsibilities under the National Drug
Control Program, which recommendations shall--
(A) apply to the next budget year scheduled for
formulation under the Budget and Accounting Act of 1921,
and each of the 4 subsequent fiscal years; and
(B) address funding priorities developed in the
National Drug Control Strategy;
(9) may serve as representative of the President in
appearing before Congress on all issues relating to the National
Drug Control Program;
(10) shall, in any matter affecting national security
interests, work in conjunction with the Assistant to the
President for National Security Affairs;
(11) may serve as spokesperson of the Administration on drug
issues;
(12) shall ensure that no Federal funds appropriated to the
Office of National Drug Control Policy shall be expended for any
study or contract relating to the legalization (for a medical
use or any other use) of a substance listed in schedule I of
section 202 of the Controlled Substances Act (21 U.S.C. 812) and
take such actions as necessary to oppose any attempt to legalize
the use of a substance (in any form) that--
(A) is listed in schedule I of section 202 of the
Controlled Substances Act (21 U.S.C. 812); and
(B) has not been approved for use for medical
purposes by the Food and Drug Administration;
(13) shall require each National Drug Control Program agency
to submit to the Director on an annual basis (beginning in 1999)
an evaluation of progress by the agency with respect to drug
control program goals using the performance measures for the
agency developed under section 706(c), including progress with
respect to--
(A) success in reducing domestic and foreign sources
of illegal drugs;
(B) success in protecting the borders of the United
States (and in particular the Southwestern border of the
United States) from penetration by illegal narcotics;
(C) success in reducing violent crime associated
with drug use in the United States;
(D) success in reducing the negative health and
social consequences of drug use in the United States;
and
(E) implementation of drug treatment and prevention
programs in the United States and improvements in the
adequacy and effectiveness of such programs;
[[Page 112 STAT. 2681-675]]
(14) shall submit to the Appropriations committees and the
authorizing committees of jurisdiction of the House of
Representatives and the Senate on an annual basis, not later
than 60 days after the date of the last day of the applicable
period, a summary of--
(A) each of the evaluations received by the Director
under paragraph (13); and
(B) the progress of each National Drug Control
Program agency toward the drug control program goals of
the agency using the performance measures for the agency
developed under section 706(c); and
(15) shall ensure that drug prevention and drug treatment
research and information is effectively disseminated by National
Drug Control Program agencies to State and local governments and
nongovernmental entities involved in demand reduction by--
(A) encouraging formal consultation between any such
agency that conducts or sponsors research, and any such
agency that disseminates information in developing
research and information product development agendas;
(B) encouraging such agencies (as appropriate) to
develop and implement dissemination plans that
specifically target State and local governments and
nongovernmental entities involved in demand reduction;
and
(C) developing a single interagency clearinghouse
for the dissemination of research and information by
such agencies to State and local governments and
nongovernmental agencies involved in demand reduction.
(c) National Drug Control Program Budget.--
(1) Responsibilities of national drug control program
agencies.--
(A) In general.--For each fiscal year, the head of
each department, agency, or program of the Federal
Government with responsibilities under the National Drug
Control Program Strategy shall transmit to the Director
a copy of the proposed drug control budget request of
the department, agency, or program at the same time as
that budget request is submitted to their superiors (and
before submission to the Office of Management and
Budget) in the preparation of the budget of the
President submitted to Congress under section 1105(a) of
title 31, United States Code.
(B) Submission of drug control budget requests.--The
head of each National Drug Control Program agency shall
ensure timely development and submission to the Director
of each proposed drug control budget request transmitted
pursuant to this paragraph, in such format as may be
designated by the Director with the concurrence of the
Director of the Office of Management and Budget.
(2) National drug control program budget proposal.--For each
fiscal year, following the transmission of proposed drug control
budget requests to the Director under paragraph (1), the
Director shall, in consultation with the head of each National
Drug Control Program agency--
(A) develop a consolidated National Drug Control
Program budget proposal designed to implement the
National Drug Control Strategy;
[[Page 112 STAT. 2681-676]]
(B) submit the consolidated budget proposal to the
President; and
(C) after submission under subparagraph (B), submit
the consolidated budget proposal to Congress.
(3) Review and certification of budget requests and budget
submissions of national drug control program agencies.--
(A) In general.--The Director shall review each drug
control budget request submitted to the Director under
paragraph (1).
(B) Review of budget requests.--
(i) Inadequate requests.--If the Director
concludes that a budget request submitted under
paragraph (1) is inadequate, in whole or in part,
to implement the objectives of the National Drug
Control Strategy with respect to the department,
agency, or program at issue for the year for which
the request is submitted, the Director shall
submit to the head of the applicable National Drug
Control Program agency a written description of
funding levels and specific initiatives that
would, in the determination of the Director, make
the request adequate to implement those
objectives.
(ii) Adequate requests.--If the Director
concludes that a budget request submitted under
paragraph (1) is adequate to implement the
objectives of the National Drug Control Strategy
with respect to the department, agency, or program
at issue for the year for which the request is
submitted, the Director shall submit to the head
of the applicable National Drug Control Program
agency a written statement confirming the adequacy
of the request.
(iii) Record.--The Director shall maintain a
record of each description submitted under clause
(i) and each statement submitted under clause
(ii).
(C) Agency response.--
(i) In general.--The head of a National Drug
Control Program agency that receives a description
under subparagraph (B)(i) shall include the
funding levels and initiatives described by the
Director in the budget submission for that agency
to the Office of Management and Budget.
(ii) Impact statement.--The head of a National
Drug Control Program agency that has altered its
budget submission under this subparagraph shall
include as an appendix to the budget submission
for that agency to the Office of Management and
Budget an impact statement that summarizes--
(I) the changes made to the budget
under this subparagraph; and
(II) the impact of those changes on
the ability of that agency to perform
its other responsibilities, including
any impact on specific missions or
programs of the agency.
(iii) Congressional notification.--The head of
a National Drug Control Program agency shall
submit a copy of any impact statement under clause
(ii) to the Senate and the House of
Representatives at the
[[Page 112 STAT. 2681-677]]
time the budget for that agency is submitted to
Congress under section 1105(a) of title 31, United
States Code.
(D) Certification of budget submissions.--
(i) In general.--At the time a National Drug
Control Program agency submits its budget request
to the Office of Management and Budget, the head
of the National Drug Control Program agency shall
submit a copy of the budget request to the
Director.
(ii) Certification.--The Director--
(I) shall review each budget
submission submitted under clause (i);
and
(II) based on the review under
subclause (I), if the Director concludes
that the budget submission of a National
Drug Control Program agency does not
include the funding levels and
initiatives described under subparagraph
(B)--
(aa) may issue a written
decertification of that agency's
budget; and
(bb) in the case of a
decertification issued under
item (aa), shall submit to the
Senate and the House of
Representatives a copy of--
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(4) Reprogramming and transfer requests.--
(A) In general.--No National Drug Control Program
agency shall submit to Congress a reprogramming or
transfer request with respect to any amount of
appropriated funds in an amount exceeding $5,000,000
that is included in the National Drug Control Program
budget unless the request has been approved by the
Director.
(B) Appeal.--The head of any National Drug Control
Program agency may appeal to the President any
disapproval by the Director of a reprogramming or
transfer request under this paragraph.
(d) Powers of the Director.--In carrying out subsection (b), the
Director may--
(1) select, appoint, employ, and fix compensation of such
officers and employees of the Office as may be necessary to
carry out the functions of the Office under this title;
(2) subject to subsection (e)(3), request the head of a
department or agency, or program of the Federal Government to
place department, agency, or program personnel who are engaged
in drug control activities on temporary detail to another
department, agency, or program in order to implement the
National Drug Control Strategy, and the head of the department
or agency shall comply with such a request;
(3) use for administrative purposes, on a reimbursable
basis, the available services, equipment, personnel, and
facilities of Federal, State, and local agencies;
(4) procure the services of experts and consultants in
accordance with section 3109 of title 5, United States Code,
relating to appointments in the Federal Service, at rates of
[[Page 112 STAT. 2681-678]]
compensation for individuals not to exceed the daily equivalent
of the rate of pay payable under level IV of the Executive
Schedule under section 5311 of title 5, United States Code;
(5) accept and use gifts and donations of property from
Federal, State, and local government agencies, and from the
private sector, as authorized in section 703(d);
(6) use the mails in the same manner as any other department
or agency of the executive branch;
(7) monitor implementation of the National Drug Control
Program, including--
(A) conducting program and performance audits and
evaluations; and
(B) requesting assistance from the Inspector General
of the relevant agency in such audits and evaluations;
(8) transfer funds made available to a National Drug Control
Program agency for National Drug Control Strategy programs and
activities to another account within such agency or to another
National Drug Control Program agency for National Drug Control
Strategy programs and activities, except that--
(A) the authority under this paragraph may be
limited in an annual appropriations Act or other
provision of Federal law;
(B) the Director may exercise the authority under
this paragraph only with the concurrence of the head of
each affected agency;
(C) in the case of an interagency transfer, the
total amount of transfers under this paragraph may not
exceed 3 percent of the total amount of funds made
available for National Drug Control Strategy programs
and activities to the agency from which those funds are
to be transferred;
(D) funds transferred to an agency under this
paragraph may only be used to increase the funding for
programs or activities have been authorized by Congress;
and
(E) the Director shall--
(i) submit to Congress, including to the
Committees on Appropriations of the Senate and the
House of Representatives, the authorizing
committees for the Office, and any other
applicable committees of jurisdiction, a
reprogramming or transfer request in advance of
any transfer under this paragraph in accordance
with the regulations of the affected agency or
agencies; and
(ii) <<NOTE: Reports.>> annually submit to
Congress a report describing the effect of all
transfers of funds made pursuant to this paragraph
or subsection (c)(4) during the 12-month period
preceding the date on which the report is
submitted;
(9) issue to the head of a National Drug Control Program
agency a fund control notice described in subsection (f) to
ensure compliance with the National Drug Control Program
Strategy; and
(10) participate in the drug certification process pursuant
to section 490 of the Foreign Assistance Act of 1961 (22 U.S.C.
2291j).
(e) Personnel Detailed to Office.--
[[Page 112 STAT. 2681-679]]
(1) Evaluations.--Notwithstanding any provision of chapter
43 of title 5, United States Code, the Director shall perform
the evaluation of the performance of any employee detailed to
the Office for purposes of the applicable performance appraisal
system established under such chapter for any rating period, or
part thereof, that such employee is detailed to such office.
(2) Compensation.--
(A) Bonus payments.--Notwithstanding any other
provision of law, the Director may provide periodic
bonus payments to any employee detailed to the Office.
(B) Restrictions.--An amount paid under this
paragraph to an employee for any period--
(i) shall not be greater than 20 percent of
the basic pay paid or payable to such employee for
such period; and
(ii) shall be in addition to the basic pay of
such employee.
(C) Aggregate amount.--The aggregate amount paid
during any fiscal year to an employee detailed to the
Office as basic pay, awards, bonuses, and other
compensation shall not exceed the annual rate payable at
the end of such fiscal year for positions at level III
of the Executive Schedule.
(3) Maximum number of detailees.--The maximum number of
personnel who may be detailed to another department or agency
(including the Office) under subsection (d)(2) during any fiscal
year is--
(A) for the Department of Defense, 50; and
(B) for any other department or agency, 10.
(f) Fund Control Notices.--
(1) In general.--A fund control notice may direct that all
or part of an amount appropriated to the National Drug Control
Program agency account be obligated by--
(A) months, fiscal year quarters, or other time
periods; and
(B) activities, functions, projects, or object
classes.
(2) Unauthorized obligation or expenditure prohibited.--An
officer or employee of a National Drug Control Program agency
shall not make or authorize an expenditure or obligation
contrary to a fund control notice issued by the Director.
(3) Disciplinary action for violation.--In the case of a
violation of paragraph (2) by an officer or employee of a
National Drug Control Program agency, the head of the agency,
upon the request of and in consultation with the Director, may
subject the officer or employee to appropriate administrative
discipline, including, when circumstances warrant, suspension
from duty without pay or removal from office.
(g) Inapplicability to Certain Programs.--The provisions of this
section shall not apply to the National Foreign Intelligence Program,
the Joint Military Intelligence Program and Tactical Intelligence and
Related Activities unless the agency that carries out such program is
designated as a National Drug Control Program agency by the President or
jointly by the Director and the head of the agency.
[[Page 112 STAT. 2681-680]]
(h) Construction.--Nothing in this Act shall be construed as
derogating the authorities and responsibilities of the Director of
Central Intelligence contained in sections 104 and 504 of the National
Security Act of 1947 or any other law.
SEC. 705. <<NOTE: 21 USC 1704.>> COORDINATION WITH NATIONAL DRUG CONTROL
PROGRAM AGENCIES IN DEMAND REDUCTION, SUPPLY REDUCTION, AND
STATE AND LOCAL AFFAIRS.
(a) Access to Information.--
(1) In general.--Upon the request of the Director, the head
of any National Drug Control Program agency shall cooperate with
and provide to the Director any statistics, studies, reports,
and other information prepared or collected by the agency
concerning the responsibilities of the agency under the National
Drug Control Strategy that relate to--
(A) drug abuse control; or
(B) the manner in which amounts made available to
that agency for drug control are being used by that
agency.
(2) Protection of intelligence information.--
(A) In general.--The authorities conferred on the
Office and the Director by this title shall be exercised
in a manner consistent with provisions of the National
Security Act of 1947 (50 U.S.C. 401 et
seq.). <<NOTE: Regulations.>> The Director of Central
Intelligence shall prescribe such regulations as may be
necessary to protect information provided pursuant to
this title regarding intelligence sources and methods.
(B) Duties of director.--The Director of Central
Intelligence shall, to the maximum extent practicable in
accordance with subparagraph (A), render full assistance
and support to the Office and the Director.
(3) Illegal drug cultivation.--The Secretary of Agriculture
shall annually submit to the Director an assessment of the
acreage of illegal drug cultivation in the United States.
(b) Certification of Policy Changes to Director.--
(1) In general.--Subject to paragraph (2), the head of a
National Drug Control Program agency shall, unless exigent
circumstances require otherwise, notify the Director in writing
regarding any proposed change in policies relating to the
activities of that agency under the National Drug Control
Program prior to implementation of such change. The Director
shall promptly review such proposed change and certify to the
head of that agency in writing whether such change is consistent
with the National Drug Control Strategy.
(2) Exception.--If prior notice of a proposed change under
paragraph (1) is not practicable--
(A) <<NOTE: Notification.>> the head of the National
Drug Control Program agency shall notify the Director of
the proposed change as soon as practicable; and
(B) upon such notification, the Director shall
review the change and certify to the head of that agency
in writing whether the change is consistent with the
National Drug Control Program.
(c) General Services Administration.--The Administrator of General
Services shall provide to the Director, in a reimbursable basis, such
administrative support services as the Director may request.
(d) Accounting of Funds Expended.--The Director shall--
[[Page 112 STAT. 2681-681]]
(A) require the National Drug Control Program agencies to
submit to the Director not later than February 1 of each year a
detailed accounting of all funds expended by the agencies for
National Drug Control Program activities during the previous
fiscal year, and require such accounting to be authenticated by
the Inspector General for each agency prior to submission to the
Director; and
(B) submit to Congress not later than April 1 of each year
the information submitted to the Director under subparagraph
(A).
SEC. 706. <<NOTE: 21 USC 1705.>> DEVELOPMENT, SUBMISSION,
IMPLEMENTATION, AND ASSESSMENT OF NATIONAL DRUG CONTROL
STRATEGY.
(a) Timing, Contents, and Process for Development and Submission of
National Drug Control Strategy.--
(1) Timing.--Not later than February 1, 1999, the President
shall submit to Congress a National Drug Control Strategy, which
shall set forth a comprehensive plan, covering a period of not
more than 5 years, for reducing drug abuse and the consequences
of drug abuse in the United States, by limiting the availability
of and reducing the demand for illegal drugs.
(2) Contents.--
(A) In general.--The National Drug Control Strategy
submitted under paragraph (1) shall include--
(i) comprehensive, research-based, long-range,
quantifiable, goals for reducing drug abuse and
the consequences of drug abuse in the United
States;
(ii) annual, quantifiable, and measurable
objectives and specific targets to accomplish
long-term quantifiable goals that the Director
determines may be achieved during each year of the
period beginning on the date on which the National
Drug Control Strategy is submitted;
(iii) 5-year projections for program and
budget priorities; and
(iv) 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.
(B) Classified information.--Any contents of the
National Drug Control Strategy that involves information
properly classified under criteria established by an
Executive order shall be presented to Congress
separately from the rest of the National Drug Control
Strategy.
(3) Process for development and submission.--
(A) Consultation.--In developing and effectively
implementing the National Drug Control Strategy, the
Director--
(i) shall consult with--
(I) the heads of the National Drug
Control Program agencies;
(II) Congress;
(III) State and local officials;
(IV) private citizens and
organizations with experience and
expertise in demand reduction;
(V) private citizens and
organizations with experience and
expertise in supply reduction; and
[[Page 112 STAT. 2681-682]]
(VI) appropriate representatives of
foreign governments;
(ii) with the concurrence of the Attorney
General, may require the El Paso Intelligence
Center to undertake specific tasks or projects to
implement the National Drug Control Strategy; and
(iii) with the concurrence of the Director of
Central Intelligence and the Attorney General, may
request that the National Drug Intelligence Center
undertake specific tasks or projects to implement
the National Drug Control Strategy.
(B) Inclusion in strategy.--The National Drug
Control Strategy under this subsection, and each report
submitted under subsection (b), shall include a list of
each entity consulted under subparagraph (A)(i).
(4) Specific targets.--The targets in the National Drug
Control Strategy shall include the following:
(A) Reduction of unlawful drug use to 3 percent of
the population of the United States or less by December
31, 2003 (as measured in terms of overall illicit drug
use during the past 30 days by the National Household
Survey), and achievement of at least 20 percent of such
reduction during each of 1999, 2000, 2001, 2002, and
2003.
(B) Reduction of adolescent unlawful drug use (as
measured in terms of illicit drug use during the past 30
days by the Monitoring the Future Survey of the
University of Michigan or the National PRIDE Survey
conducted by the National Parents' Resource Institute
for Drug Education) to 3 percent of the adolescent
population of the United States or less by December 31,
2003, and achievement of at least 20 percent of such
reduction during each of 1999, 2000, 2001, 2002, and
2003.
(C) Reduction of the availability of cocaine,
heroin, marijuana, and methamphetamine in the United
States by 80 percent by December 31, 2003.
(D) Reduction of the respective nationwide average
street purity levels for cocaine, heroin, marijuana, and
methamphetamine (as estimated by the interagency drug
flows assessment led by the Office of National Drug
Control Policy, and based on statistics collected by the
Drug Enforcement Administration and other National Drug
Control Program agencies identified as relevant by the
Director) by 60 percent by December 31, 2003, and
achievement of at least 20 percent of each such
reduction during each of 1999, 2000, 2001, 2002, and
2003.
(E) Reduction of drug-related crime in the United
States by 50 percent by December 31, 2003, and
achievement of at least 20 percent of such reduction
during each of 1999, 2000, 2001, 2002, and 2003,
including--
(i) reduction of State and Federal unlawful
drug trafficking and distribution;
(ii) reduction of State and Federal crimes
committed by persons under the influence of
unlawful drugs;
(iii) reduction of State and Federal crimes
committed for the purpose of obtaining unlawful
drugs or obtaining property that is intended to be
used for the purchase of unlawful drugs; and
[[Page 112 STAT. 2681-683]]
(iv) reduction of drug-related emergency room
incidents in the United States (as measured by
data of the Drug Abuse Warning Network on illicit
drug abuse), including incidents involving gunshot
wounds and automobile accidents in which illicit
drugs are identified in the bloodstream of the
victim, by 50 percent by December 31, 2003.
(5) Further reductions in drug use, availability, and
crime.--Following the submission of a National Drug Control
Strategy under this section to achieve the specific targets
described in paragraph (4), the Director may formulate a
strategy for additional reductions in drug use and availability
and drug-related crime beyond the 5-year period covered by the
National Drug Control Strategy that has been submitted.
(b) Annual Strategy Report.--
(1) In general.--Not later than February 1, 1999, and on
February 1 of each year thereafter, the President shall submit
to Congress a report on the progress in implementing the
Strategy under subsection (a), which shall include--
(A) an assessment of the Federal effectiveness in
achieving the National Drug Control Strategy goals and
objectives using the performance measurement system
described in subsection (c), including--
(i) an assessment of drug use and availability
in the United States; and
(ii) an estimate of the effectiveness of
interdiction, treatment, prevention, law
enforcement, and international programs under the
National Drug Control Strategy in effect during
the preceding year, or in effect as of the date on
which the report is submitted;
(B) any modifications of the National Drug Control
Strategy or the performance measurement system described
in subsection (c);
(C) an assessment of the manner in which the budget
proposal submitted under section 704(c) is intended to
implement the National Drug Control Strategy and whether
the funding levels contained in such proposal are
sufficient to implement such Strategy;
(D) measurable data evaluating the success or
failure in achieving the annual measurable objectives
described in subsection (a)(2)(A)(ii);
(E) an assessment of current drug use (including
inhalants) and availability, impact of drug use, and
treatment availability, which assessment shall include--
(i) estimates of drug prevalence and frequency
of use as measured by national, State, and local
surveys of illicit drug use and by other special
studies of--
(I) casual and chronic drug use;
(II) high-risk populations,
including school dropouts, the homeless
and transient, arrestees, parolees,
probationers, and juvenile delinquents;
and
(III) drug use in the workplace and
the productivity lost by such use;
(ii) an assessment of the reduction of drug
availability against an ascertained baseline, as
measured by--
[[Page 112 STAT. 2681-684]]
(I) the quantities of cocaine,
heroin, marijuana, methamphetamine, and
other drugs available for consumption in
the United States;
(II) the amount of marijuana,
cocaine, heroin, and precursor chemicals
entering the United States;
(III) the number of hectares of
marijuana, poppy, and coca cultivated
and destroyed domestically and in other
countries;
(IV) the number of metric tons of
marijuana, heroin, cocaine, and
methamphetamine seized;
(V) the number of cocaine and
methamphetamine processing laboratories
destroyed domestically and in other
countries;
(VI) changes in the price and purity
of heroin and cocaine, changes in the
price of methamphetamine, and changes in
tetrahydrocannabinol level of marijuana;
(VII) the amount and type of
controlled substances diverted from
legitimate retail and wholesale sources;
and
(VIII) the effectiveness of Federal
technology programs at improving drug
detection capabilities in interdiction,
and at United States ports of entry;
(iii) an assessment of the reduction of the
consequences of drug use and availability, which
shall include estimation of--
(I) the burden drug users placed on
hospital emergency departments in the
United States, such as the quantity of
drug-related services provided;
(II) the annual national health care
costs of drug use, including costs
associated with people becoming infected
with the human immunodeficiency virus
and other infectious diseases as a
result of drug use;
(III) the extent of drug-related
crime and criminal activity; and
(IV) the contribution of drugs to
the underground economy, as measured by
the retail value of drugs sold in the
United States;
(iv) a determination of the status of drug
treatment in the United States, by assessing--
(I) public and private treatment
capacity within each State, including
information on the treatment capacity
available in relation to the capacity
actually used;
(II) the extent, within each State,
to which treatment is available;
(III) the number of drug users the
Director estimates could benefit from
treatment; and
(IV) the specific factors that
restrict the availability of treatment
services to those seeking it and
proposed administrative or legislative
remedies to make treatment available to
those individuals; and
[[Page 112 STAT. 2681-685]]
(v) a review of the research agenda of the
Counter-Drug Technology Assessment Center to
reduce the availability and abuse of drugs; and
(F) an assessment of private sector initiatives and
cooperative efforts between the Federal Government and
State and local governments for drug control.
(2) Submission of revised strategy.--The President may
submit to Congress a revised National Drug Control Strategy that
meets the requirements of this section--
(A) at any time, upon a determination by the
President, in consultation with the Director, that the
National Drug Control Strategy in effect is not
sufficiently effective; and
(B) if a new President or Director takes office.
(3) 1999 strategy report.--With respect to the Strategy
report required to be submitted by this subsection on February
1, 1999, the President shall prepare the report using such
information as is available for the period covered by the
report.
(c) Performance Measurement System.--
(1) Sense of congress.--It is the sense of Congress that--
(A) the targets described in subsection (a) are
important to the reduction of overall drug use in the
United States;
(B) the President should seek to achieve those
targets during the 5 years covered by the National Drug
Control Strategy required to be submitted under
subsection (a);
(C) the purpose of such targets and the annual
reports to Congress on the progress towards achieving
the targets is to allow for the annual restructuring of
appropriations by the Appropriations Committees and
authorizing committees of jurisdiction of Congress to
meet the goals described in this Act;
(D) the performance measurement system developed by
the Director described in this subsection is central to
the National Drug Control Program targets, programs, and
budget;
(E) the Congress strongly endorses the performance
measurement system for establishing clear outcomes for
reducing drug use nationwide during the next five years,
and the linkage of this system to all agency drug
control programs and budgets receiving funds scored as
drug control agency funding.
(2) Submission to congress.--Not later than February 1,
1999, the Director shall submit to Congress a description of the
national drug control performance measurement system, designed
in consultation with affected National Drug Control Program
agencies, that--
(A) develops performance objectives, measures, and
targets for each National Drug Control Strategy goal and
objective;
(B) revises performance objectives, measures, and
targets, to conform with National Drug Control Program
Agency budgets;
(C) identifies major programs and activities of the
National Drug Control Program agencies that support the
goals and objectives of the National Drug Control
Strategy;
[[Page 112 STAT. 2681-686]]
(D) evaluates in detail the implementation by each
National Drug Control Program agency of program
activities supporting the National Drug Control
Strategy;
(E) monitors consistency between the drug-related
goals and objectives of the National Drug Control
Program agencies and
ensures that drug control agency goals and budgets support and are fully
consistent with the National Drug Control Strategy; and
(F) coordinates the development and implementation
of national drug control data collection and reporting
systems to support policy formulation and performance
measurement, including an assessment of--
(i) the quality of current drug use
measurement instruments and techniques to measure
supply reduction and demand reduction activities;
(ii) the adequacy of the coverage of existing
national drug use measurement instruments and
techniques to measure the casual drug user
population and groups that are at risk for drug
use; and
(iii) the actions the Director shall take to
correct any deficiencies and limitations
identified pursuant to subparagraphs (A) and (B)
of subsection (b)(4).
(3) Modifications.--A description of any modifications made
during the preceding year to the national drug control
performance measurement system described in paragraph (2) shall
be included in each report submitted under subsection (b).
SEC. 707. <<NOTE: 21 USC 1706.>> HIGH INTENSITY DRUG TRAFFICKING AREAS
PROGRAM.
(a) Establishment.--There is established in the Office a program to
be known as the High Intensity Drug Trafficking Areas Program.
(b) Designation.--The Director, upon consultation with the Attorney
General, the Secretary of the Treasury, heads of the National Drug
Control Program agencies, and the Governor of each applicable State, may
designate any specified area of the United States as a high intensity
drug trafficking area. After making such a designation and in order to
provide Federal assistance to the area so designated, the Director may--
(1) obligate such sums as appropriated for the High
Intensity Drug Trafficking Areas 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 any other action authorized under section 704 to
provide increased Federal assistance to those areas;
(4) coordinate activities under this subsection
(specifically administrative, recordkeeping, and funds
management activities) with State and local officials.
(c) Factors for Consideration.--In considering whether to designate
an area under this section as a high intensity drug trafficking area,
the Director shall consider, in addition to such other criteria as the
Director considers to be appropriate, the extent to which--
(1) the area is a center of illegal drug production,
manufacturing, importation, or distribution;
[[Page 112 STAT. 2681-687]]
(2) State and local law enforcement agencies have committed
resources to respond to the drug trafficking problem in the
area, thereby indicating a determination to respond aggressively
to the problem;
(3) drug-related activities in the area are having a harmful
impact in other areas of the country; and
(4) a significant increase in allocation of Federal
resources is necessary to respond adequately to drug-related
activities in the area.
(d) Use of Funds.--The Director shall ensure that no Federal funds
appropriated for the High Intensity Drug Trafficking Program are
expended for the establishment or expansion of drug treatment programs.
SEC. 708. <<NOTE: 21 USC 1707.>> COUNTER-DRUG TECHNOLOGY ASSESSMENT
CENTER.
(a) Establishment.--There is established within the Office the
Counter-Drug Technology Assessment Center (referred to in this section
as the ``Center''). The Center shall operate under the authority of the
Director of National Drug Control Policy and shall serve as the central
counter-drug technology research and development organization of the
United States Government.
(b) Director of Technology.--There shall be at the head of the
Center the Director of Technology, who shall be appointed by the
Director of National Drug Control Policy from among individuals
qualified and distinguished in the area of science, medicine,
engineering, or technology.
(c) Additional Responsibilities of the Director of National Drug
Control Policy.--
(1) In general.--The Director, acting through the Director
of Technology shall--
(A) identify and define the short-, medium-, and
long-term scientific and technological needs of Federal,
State, and local drug supply reduction agencies,
including--
(i) advanced surveillance, tracking, and radar
imaging;
(ii) electronic support measures;
(iii) communications;
(iv) data fusion, advanced computer systems,
and artificial intelligence; and
(v) chemical, biological, radiological
(including neutron, electron, and graviton), and
other means of detection;
(B) identify demand reduction basic and applied
research needs and initiatives, in consultation with
affected National Drug Control Program agencies,
including--
(i) improving treatment through
neuroscientific advances;
(ii) improving the transfer of biomedical
research to the clinical setting; and
(iii) in consultation with the National
Institute on Drug Abuse, and through interagency
agreements or grants, examining addiction and
rehabilitation research and the application of
technology to expanding the effectiveness or
availability of drug treatment;
(C) make a priority ranking of such needs identified
in subparagraphs (A) and (B) according to fiscal and
[[Page 112 STAT. 2681-688]]
technological feasibility, as part of a National
Counter-Drug Enforcement Research and Development
Program;
(D) oversee and coordinate counter-drug technology
initiatives with related activities of other Federal
civilian and military departments;
(E) provide support to the development and
implementation of the national drug control performance
measurement system; and
(F) pursuant to the authority of the Director of
National Drug Control Policy under section 704, submit
requests to Congress for the reprogramming or transfer
of funds appropriated for counter-drug technology
research and development.
(2) Limitation on authority.--The authority granted to the
Director under this subsection shall not extend to the award of
contracts, management of individual projects, or other
operational activities.
(d) Assistance and Support to Office of National Drug Control
Policy.--The Secretary of Defense and the Secretary of Health and Human
Services shall, to the maximum extent practicable, render assistance and
support to the Office and to the Director in the conduct of counter-drug
technology assessment.
SEC. 709. <<NOTE: 21 USC 1708.>> PRESIDENT'S COUNCIL ON COUNTER-
NARCOTICS.
(a) Establishment.--There is established a council to be known as
the President's Council on Counter-Narcotics (referred to in this
section as the ``Council'').
(b) Membership.--
(1) In general.--Subject to paragraph (2), the Council shall
be composed of 18 members, of whom--
(A) 1 shall be the President, who shall serve as
Chairman of the Council;
(B) 1 shall be the Vice President;
(C) 1 shall be the Secretary of State;
(D) 1 shall be the Secretary of the Treasury;
(E) 1 shall be the Secretary of Defense;
(F) 1 shall be the Attorney General;
(G) 1 shall be the Secretary of Transportation;
(H) 1 shall be the Secretary of Health and Human
Services;
(I) 1 shall be the Secretary of Education;
(J) 1 shall be the Representative of the United
States of America to the United Nations;
(K) 1 shall be the Director of the Office of
Management and Budget;
(L) 1 shall be the Chief of Staff to the President;
(M) 1 shall be the Director of the Office, who shall
serve as the Executive Director of the Council;
(N) 1 shall be the Director of Central Intelligence;
(O) 1 shall be the Assistant to the President for
National Security Affairs;
(P) 1 shall be the Counsel to the President;
(Q) 1 shall be the Chairman of the Joint Chiefs of
Staff; and
(R) 1 shall be the National Security Adviser to the
Vice President.
[[Page 112 STAT. 2681-689]]
(2) Additional members.--The President may, in the
discretion of the President, appoint additional members to the
Council.
(c) Functions.--The Council shall advise and assist the President
in--
(1) providing direction and oversight for the national drug
control strategy, including relating drug control policy to
other national security interests and establishing priorities;
and
(2) ensuring coordination among departments and agencies of
the Federal Government concerning implementation of the National
Drug Control Strategy.
(d) Administration.--
(1) In general.--The Council may utilize established or ad
hoc committees, task forces, or interagency groups chaired by
the Director (or a representative of the Director) in carrying
out the functions of the Council under this section.
(2) Staff.--The staff of the Office, in coordination with
the staffs of the Vice President and the Assistant to the
President for National Security Affairs, shall act as staff for
the Council.
(3) Cooperation from other agencies.--Each department and
agency of the executive branch shall--
(A) cooperate with the Council in carrying out the
functions of the Council under this section; and
(B) provide such assistance, information, and advice
as the Council may request, to the extent permitted by
law.
SEC. 710. <<NOTE: 21 USC 1709.>> PARENTS ADVISORY COUNCIL ON YOUTH DRUG
ABUSE.
(a) In General.--
(1) Establishment.--There is established a Council to be
known as the Parents Advisory Council on Youth Drug Abuse
(referred to in this section as the ``Council'').
(2) Membership.--
(A) Composition.--The Council shall be composed of
16 members, of whom--
(i) 4 shall be appointed by the President,
each of whom shall be a parent or guardian of a
child who is not less than 6 and not more than 18
years of age as of the date on which the
appointment is made;
(ii) 4 shall be appointed by the Majority
Leader of the Senate, 3 of whom shall be a parent
or guardian of a child who is not less than 6 and
not more than 18 years of age as of the date on
which the appointment is made;
(iii) 2 shall be appointed by the Minority
Leader of the Senate, each of whom shall be a
parent or guardian of a child who is not less than
6 and not more than 18 years of age as of the date
on which the appointment is made;
(iv) 4 shall be appointed by the Speaker of
the House of Representatives, 3 of whom shall be a
parent or guardian of a child who is not less than
6 and not more than 18 years of age as of the date
on which the appointment is made; and
[[Page 112 STAT. 2681-690]]
(v) 2 shall be appointed by the Minority
Leader of the House of Representatives, each of
whom shall be a parent or guardian of a child who
is not less than 6 and not more than 18 years of
age as of the date on which the appointment is
made.
(B) Requirements.--
(i) In general.--Each member of the Council
shall be an individual from the private sector
with a demonstrated interest and expertise in
research, education, treatment, or prevention
activities related to youth drug abuse.
(ii) Representatives of nonprofit
organizations.--Not less than 1 member appointed
under each of clauses (i) through (v) of paragraph
(2)(A) shall be a representative of a nonprofit
organization focused on involving parents in
antidrug education and prevention.
(C) Date.--The appointments of the initial members
of the Council shall be made not later than 60 days
after the date of enactment of this section.
(D) Executive director.--The Director shall appoint
the Executive Director of the Council, who shall be an
employee of the Office of National Drug Control Policy.
(3) Period of appointment; vacancies.--
(A) Period of appointment.--Each member of the
Council shall be appointed for a term of 3 years, except
that, of the initial members of the Council--
(i) 1 member appointed under each of clauses
(i) through (v) of paragraph (2)(A) shall be
appointed for a term of 1 year; and
(ii) 1 member appointed under each of clauses
(i) through (v) of paragraph (2)(A) shall be
appointed for a term of 2 years.
(B) Vacancies.--Any vacancy in the Council shall not
affect its powers, provided that a quorum is present,
but shall be filled in the same manner as the original
appointment. Any member appointed to fill a vacancy
occurring before the expiration of the term for which
the member's predecessor was appointed shall be
appointed only for the remainder of that term.
(C) Appointment of successor.--To the extent
necessary to prevent a vacancy in the membership of the
Council, a member of the Council may serve for not more
than 6 months after the expiration of the term of that
member, if the successor of that member has not been
appointed.
(4) Initial meeting.--Not later than 120 days after the date
on which all initial members of the Council have been appointed,
the Council shall hold its first meeting.
(5) Meetings.--The Council shall meet at the call of the
Chairperson.
(6) Quorum.--Nine members of the Council shall constitute a
quorum, but a lesser number of members may hold hearings.
(7) Chairperson and vice chairperson.--
(A) In general.--The members of the Council shall
select a Chairperson and Vice Chairperson from among the
members of the Council.
[[Page 112 STAT. 2681-691]]
(B) Duties of chairperson.--The Chairperson of the
Council shall assign committee duties relating to the
Council and direct the Executive Director to convene
hearings and conduct other necessary business of the
Council.
(C) Duties of vice chairperson.--If the Chairperson
of the Council is unable to serve, the Vice Chairperson
shall serve as the Chairperson.
(b) Duties of the Council.--
(1) In general.--The Council--
(A) shall advise the Director on drug prevention,
education, and treatment and assist the Deputy Director
of Demand Reduction in the responsibilities for the
coordination of the demand reduction programs of the
Federal Government and the analysis and consideration of
prevention and treatment alternatives; and
(B) may issue reports and recommendations on drug
prevention, education, and treatment, in addition to the
reports detailed in paragraph (2), as the Council
considers appropriate.
(2) Submission of reports.--Any report or recommendation
issued by the Council shall be submitted to the Director and
subsequently to Congress.
(3) Advice on the national drug control strategy.--Not later
than December 1, 1999, and on December 1 of each year
thereafter, the Council shall submit to the Director an annual
report containing drug control strategy recommendations on drug
prevention, education, and treatment. The Director may include
any recommendations submitted under this paragraph in the report
submitted by the Director under section 706(b).
(c) Expenses.--The members of the Council shall be allowed travel
expenses, including per diem in lieu of subsistence, at rates authorized
for employees of agencies under subchapter I of chapter 57 of title 5,
United States Code, while away from their homes or regular places of
business in the performance of services for the Council.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Council such sums as may be necessary carry out this
section.
SEC. 711. <<NOTE: 21 USC 1710.>> DRUG INTERDICTION.
(a) Definition.--In this section, the term ``Federal drug control
agency'' means--
(1) the Office of National Drug Control Policy;
(2) the Department of Defense;
(3) the Drug Enforcement Administration;
(4) the Federal Bureau of Investigation;
(5) the Immigration and Naturalization Service;
(6) the United States Coast Guard;
(7) the United States Customs Service; and
(8) any other department or agency of the Federal Government
that the Director determines to be relevant.
(b) Report.--In order to assist Congress in determining the
personnel, equipment, funding, and other resources that would be
required by Federal drug control agencies in order to achieve a level of
interdiction success at or above the highest level achieved before the
date of enactment of this title, not later than 90 days
[[Page 112 STAT. 2681-692]]
after the date of enactment of this Act, the Director shall submit to
Congress and to each Federal drug control program agency a report, which
shall include--
(1) with respect to the southern and western border regions
of the United States (including the Pacific coast, the border
with Mexico, the Gulf of Mexico coast, and other ports of entry)
and in overall totals, data relating to--
(A) the amount of marijuana, heroin,
methamphetamine, and cocaine--
(i) seized during the year of highest recorded
seizures for each drug in each region and during
the year of highest recorded overall seizures; and
(ii) disrupted during the year of highest
recorded disruptions for each drug in each region
and during the year of highest recorded overall
seizures; and
(B) the number of persons arrested for violations of
section 1010(a) of the Controlled Substances Import and
Export Act (21 U.S.C. 960(a)) and related offenses
during the year of the highest number of arrests on
record for each region and during the year of highest
recorded overall arrests;
(2) the price of cocaine, heroin, methamphetamine, and
marijuana during the year of highest price on record during the
preceding 10-year period, adjusted for purity where possible;
and
(3) a description of the personnel, equipment, funding, and
other resources of the Federal drug control agency devoted to
drug interdiction and securing the borders of the United States
against drug trafficking for each of the years identified in
paragraphs (1) and (2) for each Federal drug control agency.
(c) Budget Process.--
(1) Information to director.--Based on the report submitted
under subsection (b), each Federal drug control agency shall
submit to the Director, at the same time as each annual drug
control budget request is submitted by the Federal drug control
agency to the Director under section 704(c)(1), a description of
the specific personnel, equipment, funding, and other resources
that would be required for the Federal drug control agency to
meet or exceed the highest level of interdiction success for
that agency identified in the report submitted under subsection
(b).
(2) Information to congress.--The Director shall include
each submission under paragraph (1) in each annual consolidated
National Drug Control Program budget proposal submitted by the
Director to Congress under section 704(c)(2), which submission
shall be accompanied by a description of any additional
resources that would be required by the Federal drug control
agencies to meet the highest level of interdiction success
identified in the report submitted under subsection (b).
SEC. 712. ESTABLISHMENT OF SPECIAL FORFEITURE FUND.
Section 6073 of the Asset Forfeiture Amendments Act of 1988 (21
U.S.C. 1509) is amended--
(1) in subsection (b)--
(A) by striking ``section 524(c)(9)'' and inserting
``section 524(c)(8)''; and
[[Page 112 STAT. 2681-693]]
(B) by striking ``section 9307(g)'' and inserting
``section 9703(g)''; and
(2) in subsection (e), by striking ``strategy'' and
inserting ``Strategy''.
SEC. 713. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Title 5, United States Code.--Chapter 53 of title 5, United
States Code, is amended--
(1) in section 5312, by adding at the end the following:
``Director of National Drug Control Policy.'';
(2) in section 5313, by adding at the end the following:
``Deputy Director of National Drug Control Policy.''; and
(3) in section 5314, by adding at the end the following:
``Deputy Director for Demand Reduction, Office of National
Drug Control Policy.
``Deputy Director for Supply Reduction, Office of National
Drug Control Policy.
``Deputy Director for State and Local Affairs, Office of
National Drug Control Policy.''.
(b) National Security Act of 1947.--Section 101 of the National
Security Act of 1947 (50 U.S.C. 402) is amended by redesignating
subsection (f) as subsection (g) and inserting after subsection (e) the
following:
``(f) The Director of National Drug Control Policy may, in the role
of the Director as principal adviser to the National Security Council on
national drug control policy, and subject to the direction of the
President, attend and participate in meetings of the National Security
Council.''.
(c) Submission of National Drug Control Program Budget With Annual
Budget Request of President.--Section 1105(a) of title 31, United States
Code, is amended by inserting after paragraph (25) the following:
``(26) a separate statement of the amount of appropriations
requested for the Office of National Drug Control Policy and
each program of the National Drug Control Program.''.
SEC. 714. <<NOTE: 21 USC 1711.>> AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this title, to
remain available until expended, such sums as may be necessary for each
of fiscal years 1999 through 2003.
SEC. 715. <<NOTE: 21 USC 1712.>> TERMINATION OF OFFICE OF NATIONAL DRUG
CONTROL POLICY.
(a) In General.--Except as provided in subsection (b), effective on
September 30, 2003, this title and the amendments made by this title are
repealed.
(b) Exception.--Subsection (a) does not apply to section 713 or the
amendments made by that section.
TITLE <<NOTE: Western Hemisphere Drug Elimination Act. 21 USC 801
note.>> VIII--WESTERN HEMISPHERE DRUG ELIMINATION
SEC. 801. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This title may be cited as the ``Western
Hemisphere Drug Elimination Act''.
(b) Table of Contents.--The table of contents for this title is as
follows:
Sec. 801. Short title; table of contents.
Sec. 802. Findings and statement of policy.
[[Page 112 STAT. 2681-694]]
Subtitle A--Enhanced Source and Transit Country Coverage
Sec. 811. Expansion of radar coverage and operation in source and
transit countries.
Sec. 812. Expansion of Coast Guard drug interdiction.
Sec. 813. Expansion of aircraft coverage and operation in source and
transit countries.
Subtitle B--Enhanced Eradication and Interdiction Strategy in Source
Countries
Sec. 821. Additional eradication resources for Colombia.
Sec. 822. Additional eradication resources for Peru.
Sec. 823. Additional eradication resources for Bolivia.
Sec. 824. Miscellaneous additional eradication resources.
Sec. 825. Bureau of International Narcotics and Law Enforcement Affairs.
Subtitle C--Enhanced Alternative Crop Development Support in Source Zone
Sec. 831. Alternative crop development support.
Sec. 832. Authorization of appropriations for Agricultural Research
Service counterdrug research and development activities.
Sec. 833. Master plan for herbicides to control narcotic crops.
Sec. 834. Authorization of use of environmentally-approved herbicides to
eliminate illicit narcotics crops.
Subtitle D--Enhanced International Law Enforcement Training
Sec. 841. Enhanced international law enforcement academy training.
Sec. 842. Enhanced United States drug enforcement international
training.
Sec. 843. Provision of nonlethal equipment to foreign law enforcement
organizations for cooperative illicit narcotics control
activities.
Subtitle E--Enhanced Drug Transit and Source Zone Law Enforcement
Operations and Equipment
Sec. 851. Increased funding for operations and equipment; report.
Sec. 852. Funding for computer software and hardware to facilitate
direct communication between drug enforcement agencies.
Sec. 853. Sense of Congress regarding priority of drug interdiction and
counterdrug activities.
Subtitle F--Relationship to Other Laws
Sec. 861. Authorizations of appropriations.
Subtitle G--Trafficking in Controlled Substances
Sec. 871. Short title.
Sec. 872. Limitation.
SEC. 802. FINDINGS AND STATEMENT OF POLICY.
(a) Findings.--Congress makes the following findings:
(1) Teenage drug use in the United States has doubled since
1993.
(2) The drug crisis facing the United States is a top
national security threat.
(3) The spread of illicit drugs through United States
borders cannot be halted without an effective drug interdiction
strategy.
(4) Effective drug interdiction efforts have been shown to
limit the availability of illicit narcotics, drive up the street
price, support demand reduction efforts, and decrease overall
drug trafficking and use.
(5) A prerequisite for reducing youth drug use is increasing
the price of drugs. To increase price substantially, at least 60
percent of drugs must be interdicted.
(6) In 1987, the national drug control budget maintained a
significant balance between demand and supply reduction efforts,
illustrated as follows:
(A) 29 percent of the total drug control budget
expenditures for demand reduction programs.
[[Page 112 STAT. 2681-695]]
(B) 38 percent of the total drug control budget
expenditures for domestic law enforcement.
(C) 33 percent of the total drug control budget
expenditures for international drug interdiction
efforts.
(7) In the late 1980's and early 1990's, counternarcotic
efforts were successful, specifically in protecting the borders
of the United States from penetration by illegal narcotics
through increased seizures by the United States Coast Guard and
other agencies, including a 302 percent increase in pounds of
cocaine seized between 1987 and 1991.
(8) Limiting the availability of narcotics to drug
traffickers in the United States had a promising effect as
illustrated by the decline of illicit drug use between 1988 and
1991, through a--
(A) 13 percent reduction in total drug use;
(B) 35 percent drop in cocaine use; and
(C) 16 percent decrease in marijuana use.
(9) In 1993, drug interdiction efforts in the transit zones
were reduced due to an imbalance in the national drug control
strategy. This trend has continued through 1995 as shown by the
following figures:
(A) 35 percent for demand reduction programs.
(B) 53 percent for domestic law enforcement.
(C) 12 percent for international drug interdiction
efforts.
(10) Supply reduction efforts became a lower priority for
the Administration and the seizures by the United States Coast
Guard and other agencies decreased as shown by a 68 percent
decrease in the pounds of cocaine seized between 1991 and 1996.
(11) Reductions in funding for comprehensive interdiction
operations like OPERATION GATEWAY and OPERATION STEELWEB,
initiatives that encompassed all areas of interdiction and
attempted to disrupt the operating methods of drug smugglers
along the entire United States border, have created unprotected
United States border areas which smugglers exploit to move their
product into the United States.
(12) The result of this new imbalance in the national drug
control strategy caused the drug situation in the United States
to become a crisis with serious consequences including--
(A) doubling of drug-abuse-related arrests for
minors between 1992 and 1996;
(B) 70 percent increase in overall drug use among
children aged 12 to 17;
(C) 80 percent increase in drug use for graduating
seniors since 1992;
(D) a sharp drop in the price of 1 pure gram of
heroin from $1,647 in 1992 to $966 in February 1996; and
(E) a reduction in the street price of 1 gram of
cocaine from $123 to $104 between 1993 and 1994.
(13) The percentage change in drug use since 1992, among
graduating high school students who used drugs in the past 12
months, has substantially increased--marijuana use is up 80
percent, cocaine use is up 80 percent, and heroin use is up 100
percent.
(14) The Department of Defense has been called upon to
support counter-drug efforts of Federal law enforcement
[[Page 112 STAT. 2681-696]]
agencies that are carried out in source countries and through
transit zone interdiction, but in recent years Department of
Defense assets critical to those counter-drug activities have
been consistently diverted to missions that the Secretary of
Defense and the Chairman of the Joint Chiefs of Staff consider a
higher priority.
(15) The Secretary of Defense and the Chairman of the Joint
Chiefs of Staff, through the Department of Defense policy
referred to as the Global Military Force Policy, has established
the priorities for the allocation of military assets in the
following order: (1) war; (2) military operations other than war
that might involve contact with hostile forces (such as
peacekeeping operations and noncombatant evacuations); (3)
exercises and training; and (4) operational tasking other than
those involving hostilities (including counter-drug activities
and humanitarian assistance).
(16) Use of Department of Defense assets is critical to the
success of efforts to stem the flow of illegal drugs from source
countries and through transit zones to the United States.
(17) The placement of counter-drug activities in the fourth
and last priority of the Global Military Force Policy list of
priorities for the allocation of military assets has resulted in
a serious deficiency in assets vital to the success of source
country and transit zone efforts to stop the flow of illegal
drugs into the United States.
(18) At present the United States faces few, if any, threats
from abroad greater than the threat posed to the Nation's youth
by illegal and dangerous drugs.
(19) The conduct of counter-drug activities has the
potential for contact with hostile forces.
(20) The Department of Defense counter-drug activities
mission should be near the top, not among the last, of the
priorities for the allocation of Department of Defense assets
after the first priority for those assets for the war-fighting
mission of the Department of Defense.
(b) Statement of Policy.--It is the policy of the United States to--
(1) reduce the supply of drugs and drug use through an
enhanced drug interdiction effort in the major drug transit
countries, as well 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 as early as
January 1, 2003.
Subtitle A--Enhanced Source and Transit Country Coverage
SEC. 811. EXPANSION OF RADAR COVERAGE AND OPERATION IN SOURCE AND
TRANSIT COUNTRIES.
(a) Authorization of Appropriations.--Funds are authorized to be
appropriated for the Department of the Treasury for fiscal
[[Page 112 STAT. 2681-697]]
years 1999, 2000, and 2001 for the enhancement of radar coverage in drug
source and transit countries in the total amount of $14,300,000 which
shall be available for the following purposes:
(1) For restoration of radar, and operation and maintenance
of radar, in the Bahamas.
(2) For operation and maintenance of ground-based radar at
Guantanamo Bay Naval Base, Cuba.
(b) Report.--Not later than January 31, 1999, the Secretary of
Defense, in conjunction with the Director of Central Intelligence, shall
submit to the Committee on National Security, the Committee on
International Relations, and the Permanent Select Committee on
Intelligence of the House of Representatives and the Committee on Armed
Services, the Committee on Foreign Relations, and the Select Committee
on Intelligence of the Senate a report examining 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. The
report shall include--
(1) a discussion of the need and costs associated with the
establishment of a proposed fourth ROTHR site located in the
source or transit zones; and
(2) an assessment of the intelligence specific issues raised
if such a ROTHR facility were to be established in conjunction
with a foreign government.
SEC. 812. EXPANSION OF COAST GUARD DRUG INTERDICTION.
(a) Operating Expenses.--For operating expenses of the Coast Guard
associated with expansion of drug interdiction activities around Puerto
Rico, the United States Virgin Islands, and other transit zone areas of
operation, there is authorized to be appropriated to the Secretary of
Transportation $151,500,000 for each of fiscal years 1999, 2000, and
2001. Such amounts shall include (but are not limited to) amounts for
the following:
(1) For deployment of intelligent acoustic detection buoys
in the Florida Straits and Bahamas.
(2) For a nonlethal technology program to enhance
countermeasures against the threat of transportation of drugs by
so-called Go-Fast boats.
(b) Acquisition, Construction, and Improvement.--
(1) In general.--For acquisition, construction, and
improvement of facilities and equipment to be used for expansion
of Coast Guard drug interdiction activities, there is authorized
to be appropriated to the Secretary of Transportation for fiscal
year 1999 the total amount of $630,300,000 which shall be
available for the following purposes:
(A) For maritime patrol aircraft sensors.
(B) For acquisition of deployable pursuit boats.
(C) For the acquisition and construction of up to 15
United States Coast Guard Coastal Patrol Boats.
(D) For--
(i) the reactivation of up to 3 United States
Coast Guard HU-25 Falcon jets;
(ii) the procurement of up to 3 C-37A
aircraft; or
(iii) the procurement of up to 3 C-20H
aircraft.
[[Page 112 STAT. 2681-698]]
(E) For acquisition of installed or deployable
electronic sensors and communications systems for Coast
Guard Cutters.
(F) For acquisition and construction of facilities
and equipment to support regional and international law
enforcement training and support in Puerto Rico, the
United States Virgin Islands, and the Caribbean Basin.
(G) For acquisition or conversion of maritime patrol
aircraft.
(H) For acquisition or conversion of up to 2 vessels
to be used as Coast Guard Medium or High Endurance
Cutters.
(I) For acquisition or conversion of up to 2 vessels
to be used as Coast Guard Cutters as support, command,
and control platforms for drug interdiction operations.
(J) For acquisition of up to 6 Coast Guard Medium
Endurance Cutters.
(2) Continued availability.--Amounts appropriated under this
subsection may remain available until expended.
(c) Requirement To Accept Patrol Craft From Department of Defense.--
The Secretary of Transportation shall accept, for use by the Coast Guard
for expanded drug interdiction activities, 7 PC-170 patrol craft if
offered by the Department of Defense.
SEC. 813. EXPANSION OF AIRCRAFT COVERAGE AND OPERATION IN SOURCE AND
TRANSIT COUNTRIES.
(a) Department of the Treasury.--Funds are authorized to be
appropriated for the Department of the Treasury for fiscal years 1999,
2000, and 2001 for the enhancement of air coverage and operation for
drug source and transit countries in the total amount of $886,500,000
which shall be available for the following purposes:
(1) For procurement of 10 P-3B Early Warning aircraft for
the United States Customs Service to enhance overhead air
coverage of drug source zone countries.
(2) For the procurement and deployment of 10 P-3B Slick
airplanes for the United States Customs Service to enhance
overhead air coverage of the drug source zone.
(3) In fiscal years 2000 and 2001, for operation and
maintenance of 10 P-3B Early Warning aircraft for the United
States Customs Service to enhance overhead air coverage of drug
source zone countries.
(4) For personnel for the 10 P-3B Early Warning aircraft for
the United States Customs Service to enhance overhead air
coverage of drug source zone countries.
(5) In fiscal years 2000 and 2001, for operation and
maintenance of 10 P-3B Slick airplanes for the United States
Customs Service to enhance overhead coverage of the drug source
zone.
(6) For personnel for the 10 P-3B Slick airplanes for the
United States Customs Service to enhance overhead air coverage
of drug source zone countries.
(7) For construction and furnishing of an additional
facility for the P-3B aircraft.
(8) For operation and maintenance for overhead air coverage
for source countries.
(9) For operation and maintenance for overhead coverage for
the Caribbean and Eastern Pacific regions.
[[Page 112 STAT. 2681-699]]
(10) For purchase and for operation and maintenance of 3 RU-
38A observation aircraft (to be piloted by pilots under contract
with the United States).
(b) Report.--Not later than January 31, 1999, the Secretary of
Defense, in consultation with the Secretary of State and the Director of
Central Intelligence, shall submit to the Committee on National
Security, the Committee on International Relations, and the Permanent
Select Committee on Intelligence of the House of Representatives and to
the Committee on Armed Services, the Committee on Foreign Relations, and
the Select Committee on Intelligence of the Senate a report examining
the options available in the source and transit zones to replace Howard
Air Force Base in Panama and specifying the requirements of the United
States to establish an airbase or airbases for use in support of
counternarcotics operations to optimize operational effectiveness in the
source and transit zones. The report shall identify the following:
(1) The specific requirements necessary to support the
national drug control policy of the United States.
(2) The estimated construction, operation, and maintenance
costs for a replacement counterdrug airbase or airbases in the
source and transit zones.
(3) Possible interagency cost sharing arrangements for a
replacement airbase or airbases.
(4) Any legal or treaty-related issues regarding the
replacement airbase or airbases.
(5) A summary of completed alternative site surveys for the
airbase or airbases.
(c) Transfer of Aircraft.--The Secretary of the Navy shall transfer
to the United States Customs Service--
(1) ten currently retired and previously identified
heavyweight P-3B aircraft for modification into P-3 AEW&C
aircraft; and
(2) ten currently retired and previously identified
heavyweight P-3B aircraft for modification into P-3 Slick
aircraft.
Subtitle B--Enhanced Eradication and Interdiction Strategy in Source
Countries
SEC. 821. ADDITIONAL ERADICATION RESOURCES FOR COLOMBIA.
(a) Department of State.--Funds are authorized to be appropriated
for the Department of State for fiscal
years 1999, 2000, and 2001 for the enhancement of drug-related
eradication efforts in Colombia in the total amount of $201,250,000
which shall be available for the following purposes:
(1) For each such fiscal year for sustaining support of the
helicopters and fixed wing fleet of the national police of
Colombia.
(2) For the purchase of DC-3 transport aircraft for the
national police of Colombia.
(3) For acquisition of resources needed for prison security
in Colombia.
(4) For the purchase of minigun systems for the national
police of Colombia.
(5) For the purchase of 6 UH-60L Black Hawk utility
helicopters for the national police of Colombia and for
operation, maintenance, and training relating to such
helicopters.
[[Page 112 STAT. 2681-700]]
(6) For procurement, for upgrade of 50 UH-1H helicopters to
the Huey II configuration equipped with miniguns for the use of
the national police of Colombia.
(7) For the repair and rebuilding of the antinarcotics base
in southern Colombia.
(8) For providing sufficient and adequate base and force
security for any rebuilt facility in southern Colombia, and the
other forward operating antinarcotics bases of the Colombian
National Police antinarcotics unit.
<<NOTE: 22 USC 2291 note.>> (b) Counternarcotics Assistance.--
(1) Limitation on provision of assistance.--Except as
provided in paragraph (2), United States counternarcotics
assistance may not be provided for the Government of Colombia
under this title or under any other provision of law on or after
the date of enactment of this Act if the Government of Colombia
negotiates or permits the establishment of any demilitarized
zone in which the eradication of drug production by the security
forces of Colombia, including the Colombian National Police
antinarcotics unit, is prohibited.
(2) Exception.--If the Government of Colombia negotiates or
permits the establishment of a demilitarized zone described in
paragraph (1), United States counternarcotics assistance may be
provided for the Government of Colombia for a period of up to 90
consecutive days upon a finding by the President that providing
such assistance is in the national interest of the United
States.
(3) Notification.--In each case in which counternarcotics
assistance is provided for the Government of Colombia as a
result of a finding by the President described in paragraph (2),
the President shall notify the Committees on Appropriations and
the authorizing committees of jurisdiction of the House of
Representatives and the Senate not later than 5 days after such
assistance is provided.
SEC. 822. ADDITIONAL ERADICATION RESOURCES FOR PERU.
(a) Department of State.--Funds are authorized to be appropriated
for the Department of State for fiscal years 1999, 2000, and 2001 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 in Peru, in the total amount of $3,000,000, and an
additional amount of $1,000,000 for each of fiscal years 2000 and 2001
for operation and maintenance.
(b) Department of Defense Study.--The Secretary of Defense shall
conduct a study of Peruvian counternarcotics air interdiction
requirements and, not later than 90 days after the date of enactment of
this Act, submit to Congress a report on the results of the study. The
study shall include a review of the Peruvian Air Force's current and
future requirements for counternarcotics air
interdiction to complement the Peruvian Air Force's A-37 capability.
SEC. 823. ADDITIONAL ERADICATION RESOURCES FOR BOLIVIA.
Funds are authorized to be appropriated for the Department of State
for fiscal years 1999, 2000, and 2001 for enhancement of drug-related
eradication efforts in Bolivia in the total amount of $17,000,000 which
shall be available for the following purposes:
(1) For support of air operations in Bolivia.
(2) For support of riverine operations in Bolivia.
(3) For support of coca eradication programs.
[[Page 112 STAT. 2681-701]]
(4) For procurement of 2 mobile x-ray machines, with
operation and maintenance support.
SEC. 824. MISCELLANEOUS ADDITIONAL ERADICATION RESOURCES.
Funds are authorized to be appropriated for the Department of State
for fiscal years 1999, 2000, and 2001 for enhanced precursor chemical
control projects, in the total amount of $500,000.
SEC. 825. BUREAU OF INTERNATIONAL NARCOTICS AND LAW ENFORCEMENT AFFAIRS.
(a) Sense of Congress Relating to Professional Qualifications of
Officials Responsible for International Narcotics Control.--It is the
sense of Congress that any individual serving in the position of
assistant secretary in any department or agency of the Federal
Government who has primary responsibility for international narcotics
control and law enforcement, and the principal deputy of any such
assistant secretary, shall have substantial professional qualifications
in the fields of--
(1) management;
(2) Federal law enforcement or intelligence; and
(3) foreign policy.
(b) Sense of Congress Relating to Deficiencies in International
Narcotics Assistance Activities.--It is the sense of Congress that the
responsiveness and effectiveness of international narcotics assistance
activities under the Department of State have been severely hampered
due, in part, to the lack of law enforcement expertise by responsible
personnel in the Department of State.
Subtitle C--Enhanced Alternative Crop Development Support in Source Zone
SEC. 831. ALTERNATIVE CROP DEVELOPMENT SUPPORT.
Funds are authorized to be appropriated for the United States Agency
for International Development for fiscal years 1999, 2000, and 2001 for
alternative development programs in the total amount of $180,000,000
which shall be available as follows:
(1) In the Guaviare, Putumayo, and Caqueta regions in
Colombia.
(2) In the Ucayali, Apurimac, and Huallaga Valley regions in
Peru.
(3) In the Chapare and Yungas regions in Bolivia.
SEC. 832. AUTHORIZATION OF APPROPRIATIONS FOR AGRICULTURAL RESEARCH
SERVICE COUNTERDRUG RESEARCH AND DEVELOPMENT ACTIVITIES.
(a) In General.--There is authorized to be appropriated to the
Secretary of Agriculture for each of fiscal years 1999, 2000, and 2001,
$23,000,000 to support the counternarcotics research efforts of the
Agricultural Research Service of the Department of Agriculture. Of that
amount, funds are authorized as follows:
(1) $5,000,000 shall be used for crop eradication
technologies.
(2) $2,000,000 shall be used for narcotics plant
identification, chemistry, and biotechnology.
(3) $1,000,000 shall be used for worldwide crop
identification, detection tagging, and production estimation
technology.
(4) $5,000,000 shall be used for improving the disease
resistance, yield, and economic competitiveness of commercial
[[Page 112 STAT. 2681-702]]
crops that can be promoted as alternatives to the production of
narcotics plants.
(5) $10,000,000 to contract with entities meeting the
criteria described in subsection (b) for the product
development, environmental testing, registration, production,
aerial distribution system development, product effectiveness
monitoring, and modification of multiple herbicides to control
narcotic crops (including coca, poppy, and cannabis) in the
United States and internationally.
(b) Criteria for Eligible Entities.--An entity under this subsection
is an entity which possesses--
(1) experience in diseases of narcotic crops;
(2) intellectual property involving seed-borne dispersal
formulations;
(3) the availability of state-of-the-art containment or
quarantine facilities;
(4) country-specific herbicide formulations;
(5) specialized fungicide resistant formulations; or
(6) special security arrangements.
SEC. 833. MASTER PLAN FOR HERBICIDES TO CONTROL NARCOTIC CROPS.
(a) In General.--The Director of the Office of National Drug Control
Policy shall develop a 10-year master plan for the use of herbicides to
control narcotic crops (including coca, poppy, and cannabis) in the
United States and internationally.
(b) Coordination.--The Director shall develop the plan in
coordination with--
(1) the Department of Agriculture;
(2) the Drug Enforcement Administration of the Department of
Justice;
(3) the Department of Defense;
(4) the Environmental Protection Agency;
(5) the Bureau for International Narcotics and Law
Enforcement Activities of the Department of State;
(6) the United States Information Agency; and
(7) other appropriate agencies.
(c) Report.--Not later than March 1, 1999, the Director of the
Office of National Drug Control Policy shall submit to Congress a report
describing the activities undertaken to carry out this section.
SEC. 834. <<NOTE: 21 USC 1713.>> AUTHORIZATION OF USE OF
ENVIRONMENTALLY-APPROVED HERBICIDES TO ELIMINATE ILLICIT
NARCOTICS CROPS.
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 are authorized 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.
[[Page 112 STAT. 2681-703]]
Subtitle D--Enhanced International Law Enforcement Training
SEC. 841. ENHANCED INTERNATIONAL LAW ENFORCEMENT ACADEMY TRAINING.
(a) Maritime Law Enforcement Training Center.--Funds are authorized
to be appropriated for the Department of Transportation and the
Department of the Treasury for fiscal years 1999, 2000, and 2001 for the
joint establishment, operation, and maintenance in San Juan, Puerto
Rico, of a center for training law enforcement personnel of countries
located in the Latin American and Caribbean regions in matters relating
to maritime law enforcement, including customs-related ports management
matters, as follows:
(1) For each such fiscal year for funding by the Department
of Transportation, $1,500,000.
(2) For each such fiscal year for funding by the Department
of the Treasury, $1,500,000.
(b) United States Coast Guard International Maritime Training
Vessel.--Funds are authorized to be appropriated for the Department of
Transportation for fiscal years 1999, 2000, and 2001 for the
establishment, operation, and maintenance of maritime training vessels
in the total amount of $15,000,000 which shall be available for the
following purposes:
(1) For a vessel for international maritime training, which
shall visit participating Latin American and Caribbean nations
on a rotating schedule in order to provide law enforcement
training and to perform maintenance on participating national
assets.
(2) For support of the United States Coast Guard Balsam
Class Buoy Tender training vessel.
SEC. 842. ENHANCED UNITED STATES DRUG ENFORCEMENT INTERNATIONAL
TRAINING.
(a) Mexico.--Funds are authorized to be appropriated for the
Department of Justice for fiscal years 1999, 2000, and 2001 for
substantial exchanges for Mexican judges, prosecutors, and police, in
the total amount of $2,000,000 for each such fiscal year. The Attorney
General shall consult with the Secretary of State regarding such
exchanges.
(b) Brazil.--Funds are authorized to be appropriated for the
Department of Justice for fiscal years 1999, 2000, and 2001 for enhanced
support for the Brazilian Federal Police Training Center, in the total
amount of $1,000,000 for each such fiscal year. The Attorney General
shall consult with the Secretary of State regarding such enhanced
support.
(c) Panama.--
(1) In general.--Funds are authorized to be appropriated for
the Department of Transportation for fiscal years 1999, 2000,
and 2001 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 of Panama for drug enforcement and interdiction
activities, in the total amount of $1,000,000 for each such
fiscal year. The Secretary of Transportation shall consult with
the Secretary of State regarding the location and operation of
such assets for such purposes.
[[Page 112 STAT. 2681-704]]
(2) Eligibility to receive training.--Notwithstanding any
other provision of law, members of the national police of Panama
shall be eligible to receive training through the International
Military Education Training program.
(d) Venezuela.--There are authorized to be appropriated for the
Department of Justice for each of fiscal years 1999, 2000, and 2001,
$1,000,000 for operation and maintenance, for support for the Venezuelan
Judicial Technical Police Counterdrug Intelligence Center. The Attorney
General shall consult with the Secretary of State regarding such
support.
(e) Ecuador.--
(1) In general.--Funds are authorized to be appropriated for
the Department of Transportation and the Department of the
Treasury for each of fiscal years 1999, 2000, and 2001 for the
buildup of local coast guard and port control in Guayaquil and
Esmeraldas, Ecuador, as follows:
(A) For each such fiscal year for the Department of
Transportation, $500,000.
(B) For each such fiscal year for the Department of
the Treasury, $500,000.
(2) Consultation.--The Secretary of Transportation and the
Secretary of the Treasury shall consult with the Secretary of
State regarding the buildup described in paragraph (1).
(f) Haiti and the Dominican Republic.--Funds are authorized to be
appropriated for the Department of the Treasury for each of fiscal years
1999, 2000, and 2001, $500,000 for the buildup of local coast guard and
port control in Haiti and the Dominican Republic. The Secretary of the
Treasury shall consult with the Secretary of State regarding such
buildup of local coast guard and port patrol.
(g) Central America.--There are authorized to be appropriated for
the Department of the Treasury for each of fiscal years 1999, 2000, and
2001, $12,000,000 for the buildup of local coast guard and port control
in Belize, Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua.
The Secretary of the Treasury shall consult with the Secretary of State
regarding such buildup of local coast guard and port patrol.
SEC. 843. <<NOTE: 22 USC 2291-5.>> PROVISION OF NONLETHAL EQUIPMENT TO
FOREIGN LAW ENFORCEMENT ORGANIZATIONS FOR COOPERATIVE
ILLICIT NARCOTICS CONTROL ACTIVITIES.
(a) In General.--(1) Subject to paragraph (2), the Administrator of
the Drug Enforcement Administration, in consultation with the Secretary
of State, may transfer or lease each year nonlethal equipment to foreign
law enforcement organizations for the purpose of establishing and
carrying out cooperative illicit narcotics control activities.
(2)(A) The Administrator may transfer or lease equipment under
paragraph (1) only if the equipment is not designated as a munitions
item or controlled on the United States Munitions List pursuant to
section 38 of the Arms Export Control Act.
(B) The value of each piece of equipment transferred or leased under
paragraph (1) may not exceed $100,000.
(b) Additional Requirement.--The Administrator shall provide for the
maintenance and repair of any equipment transferred or leased under
subsection (a).
[[Page 112 STAT. 2681-705]]
(c) Notification Requirement.--Before the export of any item
authorized for transfer under subsection (a), the Administrator shall
provide written notice to the Committee on Foreign Relations of the
Senate and the Committee on International Relations of the House of
Representatives in accordance with the procedures applicable to
reprogramming notifications under section 634A of the Foreign Assistance
Act of 1961 (22 U.S.C. 2394-1).
(d) Sense of Congress.--It is the sense of Congress that--
(1) all United States 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 United States posts in Mexico; and
(2) all Mexican narcotics law enforcement personnel serving
in the United States should be accorded the same diplomatic
status as Drug Enforcement Administration personnel serving in
Mexico.
Subtitle E--Enhanced Drug Transit and Source Zone Law Enforcement
Operations and Equipment
SEC. 851. INCREASED FUNDING FOR OPERATIONS AND EQUIPMENT; REPORT.
(a) Drug Enforcement Administration.--Funds are authorized to be
appropriated for the Drug Enforcement Administration for fiscal years
1999, 2000, and 2001 for enhancement of counternarcotic operations in
drug transit and source countries in the total amount of $58,900,000
which shall be available for the following purposes:
(1) For support of the Merlin program.
(2) For support of the intercept program.
(3) For support of the development and implementation of
automation systems to support investigative and intelligence
requirements.
(4) For support of the Caribbean Initiative.
(5) For the hire of special agents, administrative and
investigative support personnel, and intelligence analysts for
the support of overseas investigations.
(b) Department of State.--Funds are authorized to be appropriated
for the Department of State for fiscal year 1999, 2000, and 2001 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, the total amount of $20,000,000.
(c) Department of the Treasury.--Funds are authorized to be
appropriated for the United States Customs Service for fiscal years
1999, 2000, and 2001 for enhancement of counternarcotic operations in
drug transit and source countries in the total amount of $71,500,000
which shall be available for the following purposes:
(1) For refurbishment of up to 30 interceptor and Blue Water
Platform vessels in the Caribbean maritime fleet.
(2) For purchase of up to 9 new interceptor vessels in the
Caribbean maritime fleet.
(3) For the hire and training of up to 25 special agents for
maritime operations in the Caribbean.
(4) For purchase of up to 60 automotive vehicles for ground
use in South Florida.
[[Page 112 STAT. 2681-706]]
(5) For each such fiscal year for operation and maintenance
support for up to 10 United States Customs Service Citations
Aircraft to be dedicated for the source and transit zone.
(6) For purchase of non-intrusive inspection systems
consistent with the United States Customs Service 5-year
technology plan, including truck x-rays and gamma-imaging for
drug interdiction purposes at high-threat seaports and land
border ports of entry.
(d) Department of Defense Report.--Not later than January 31, 1999,
the Secretary of Defense, in consultation with the Director of the
Office of National Drug Control Policy, shall submit to Congress a
report examining and proposing recommendations regarding any
organizational changes to optimize counterdrug activities, including
alternative cost-sharing arrangements regarding the following
facilities:
(1) The Joint Inter-Agency Task Force, East, Key West,
Florida.
(2) The Joint Inter-Agency Task Force, West, Alameda,
California.
(3) The Joint Inter-Agency Task Force, South, Panama City,
Panama.
(4) The Joint Task Force 6, El Paso, Texas.
SEC. 852. FUNDING FOR COMPUTER SOFTWARE AND HARDWARE TO FACILITATE
DIRECT COMMUNICATION BETWEEN DRUG ENFORCEMENT AGENCIES.
(a) Authorization.--Funds are authorized to be appropriated 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 United States borders, including the United
States Customs Service, the Border Patrol, the Federal Bureau of
Investigation, the Drug Enforcement Agency, and the Immigration and
Naturalization Service, in the total amount of $50,000,000.
(b) Availability.--Funds authorized pursuant to the authorization of
appropriations in subsection (a) shall remain available until expended.
SEC. 853. SENSE OF CONGRESS REGARDING PRIORITY OF DRUG INTERDICTION AND
COUNTERDRUG ACTIVITIES.
It is the sense of Congress that the Secretary of Defense should
revise the Global Military Force Policy of the Department of Defense in
order--
(1) to treat the international drug interdiction and
counter-drug activities of the Department as a military
operation other than war, thereby elevating the priority given
such activities under the Policy to the next priority below the
priority given to war under the Policy and to the same priority
as is given to peacekeeping operations under the Policy; and
(2) to allocate the assets of the Department to drug
interdiction and counter-drug activities in accordance with the
priority given those activities.
Subtitle F--Relationship to Other Laws
SEC. 861. AUTHORIZATIONS OF APPROPRIATIONS.
The funds authorized to be appropriated for any department or agency
of the Federal Government for fiscal years 1999, 2000,
[[Page 112 STAT. 2681-707]]
or 2001 by this title are in addition to funds authorized to be
appropriated for that department or agency for fiscal year 1999, 2000,
or 2001 by any other provision of law.
Subtitle <<NOTE: Controlled Substances Trafficking Prohibition Act. 21
USC 801 note.>> G--Trafficking in Controlled Substances
SEC. 871. SHORT TITLE.
This subtitle may be cited as the ``Controlled Substances
Trafficking Prohibition Act''.
SEC. 872. LIMITATION.
(a) Amendment.--Section 1006(a) of the Controlled Substances Import
and Export Act (21 U.S.C. 956(a)) is amended--
(1) by striking ``The Attorney General'' and inserting ``(1)
Subject to paragraph (2), the Attorney General''; and
(2) by adding at the end the following:
``(2) Notwithstanding any exemption under paragraph (1), a United
States resident who enters the United States through an international
land border with a controlled substance (except a substance in schedule
I) for which the individual does not possess a valid prescription issued
by a practitioner (as defined in section 102 of the Controlled
Substances Act (21 U.S.C. 802)) in accordance with applicable Federal
and State law (or documentation that verifies the issuance of such a
prescription to that individual) may not import the controlled substance
into the United States in an amount that exceeds 50 dosage units of the
controlled substance.''.
<<NOTE: 21 USC 956 note.>> (b) Federal Minimum Requirement.--
Section 1006(a)(2) of the Controlled Substances Import and Export Act,
as added by subsection (a), is a minimum Federal requirement and shall
not be construed to limit a State from imposing any additional
requirement.
<<NOTE: 21 USC 956 note.>> (c) Extent.--The amendment made by
subsection (a) shall not be construed to affect the jurisdiction of the
Secretary of Health and Human Services under the Federal Food, Drug and
Cosmetic Act (21 U.S.C. 301 et seq.).
TITLE <<NOTE: Drug-Free Workplace Act of 1998. 15 USC 631 note.>> IX--
DRUG-FREE WORKPLACE ACT
SEC. 901. SHORT TITLE.
This title may be cited as the ``Drug-Free Workplace Act of 1998''.
SEC. 902. <<NOTE: 15 USC 654 note.>> FINDINGS; PURPOSES.
(a) Findings.--Congress finds that--
(1) 74 percent of adults who use illegal drugs are employed;
(2) small business concerns employ over 50 percent of the
Nation's workforce;
(3) in more than 88 percent of families with children under
the age of 18, at least 1 parent is employed; and
(4) employees who use and abuse addictive illegal drugs and
alcohol increase costs for businesses and risk the health and
safety of all employees because--
(A) absenteeism is 66 percent higher among drug
users than individuals who do not use drugs;
(B) health benefit utilization is 300 percent higher
among drug users than individuals who do not use drugs;
(C) 47 percent of workplace accidents are drug-
related;
[[Page 112 STAT. 2681-708]]
(D) disciplinary actions are 90 percent higher among
drug users than among individuals who do not use drugs;
and
(E) employee turnover is significantly higher among
drug users than among individuals who do not use drugs.
(b) Purposes.--The purposes of this title are to--
(1) educate small business concerns about the advantages of
a drug-free workplace;
(2) provide grants and technical assistance in addition to
financial incentives to enable small business concerns to create
a drug-free workplace;
(3) assist working parents in keeping their children drug-
free; and
(4) encourage small business employers and employees alike
to participate in drug-free workplace programs.
SEC. 903. <<NOTE: 15 USC 654 note.>> SENSE OF CONGRESS.
It is the sense of Congress that--
(1) businesses should adopt drug-free workplace programs;
(2) States should consider incentives to encourage
businesses to adopt drug-free workplace programs; and
(3) such incentives may include--
(A) financial incentives, including--
(i) a reduction in workers' compensation
premiums;
(ii) a reduction in unemployment insurance
premiums; and
(iii) tax deductions in an amount equal to the
amount of expenditures for employee assistance
programs, treatment, or illegal drug testing; and
(B) other incentives, such as the adoption of
liability limitations, as recommended by the President's
Commission on Model State Drug Laws.
SEC. 904. <<NOTE: 15 USC 654.>> DRUG-FREE WORKPLACE DEMONSTRATION
PROGRAM.
Section 27 of the Small Business Act (15 U.S.C. 654) is amended to
read as follows:
``SEC. 27. DRUG-FREE WORKPLACE DEMONSTRATION PROGRAM.
``(a) Definitions.--In this section:
``(1) Drug-free workplace program.--The term `drug-free
workplace program' means a program that includes--
``(A) a written policy, including a clear statement
of expectations for workplace behavior, prohibitions
against reporting to work or working under the influence
of illegal drugs or alcohol, prohibitions against the
use or possession of illegal drugs in the workplace, and
the consequences of violating those expectations and
prohibitions;
``(B) drug and alcohol abuse prevention training for
a total of not less than 2 hours for each employee, and
additional voluntary drug and alcohol abuse prevention
training for employees who are parents;
``(C) employee illegal drug testing, with analysis
conducted by a drug testing laboratory certified by the
Substance Abuse and Mental Health Services
Administration, or approved by the College of American
Pathologists for forensic drug testing, and a review of
each positive test result by a medical review officer;
[[Page 112 STAT. 2681-709]]
``(D) employee access to an employee assistance
program, including confidential assessment, referral,
and short-term problem resolution; and
``(E) continuing alcohol and drug abuse prevention
education.
``(2) Eligible intermediary.--The term `eligible
intermediary' means an organization--
``(A) that has not less than 2 years of experience
in carrying out drug-free workplace programs;
``(B) that has a drug-free workplace policy in
effect;
``(C) that is located in a State, the District of
Columbia, or a territory of the United States; and
``(D) the purpose of which is--
``(i) to develop comprehensive drug-free
workplace programs or to supply drug-free
workplace services; or
``(ii) to provide other forms of assistance
and services to small business concerns.
``(3) Employee.--The term `employee' includes any--
``(A) applicant for employment;
``(B) employee;
``(C) supervisor;
``(D) manager;
``(E) officer of a small business concern who is
active in management of the concern; and
``(F) owner of a small business concern who is
active in management of the concern.
``(4) Medical review officer.--The term `medical review
officer'--
``(A) means a licensed physician with knowledge of
substance abuse disorders; and
``(B) does not include any--
``(i) employee of the small business concern;
or
``(ii) employee or agent of, or any person
having a financial interest in, the laboratory for
which the illegal drug test results are being
reviewed.
``(b) Establishment.--There is established a drug-free workplace
demonstration program, under which the Administrator may make grants to,
or enter into cooperative agreements or contracts with, eligible
intermediaries for the purpose of providing financial and technical
assistance to small business concerns seeking to establish a drug-free
workplace program.
``(c) Privacy Protection for Employees Participating in a Drug-Free
Workplace Program.--Each drug-free workplace program established with
assistance made available under this section shall--
``(1) include, as reasonably necessary and appropriate,
practices and procedures to ensure the confidentiality of
illegal drug test results and of any participation by an
employee in a rehabilitation program;
``(2) prohibit the mandatory disclosure of medical
information by an employee prior to a confirmed positive illegal
drug test; and
``(3) require that a medical review officer reviewing
illegal drug test results shall report only the final results,
limited to those drugs for which the employee tests positive, in
writing
[[Page 112 STAT. 2681-710]]
and in a manner designed to ensure the confidentiality of the
results.
``(d) Evaluation and Coordination.--Not later than 18 months after
the date of enactment of the Drug-Free Workplace Act of 1998, the
Administrator, in coordination with the Secretary of Labor, the
Secretary of Health and Human Services, and the Director of National
Drug Control Policy, shall--
``(1) evaluate the drug-free workplace programs established
with assistance made available under this section; and
``(2) <<NOTE: Reports.>> submit to Congress a report
describing the results of the evaluation under paragraph (1).
``(e) Contract Authority.--In carrying out this section, the
Administrator may--
``(1) contract with public and private entities to provide
assistance related to carrying out the program under this
section; and
``(2) compensate those entities for provision of that
assistance.
``(f) Construction.--Nothing in this section may be construed to
require an employer who attends a program offered by an intermediary to
contract for any service offered by the intermediary.
``(g) Authorization.--
``(1) In general.--There is authorized to be appropriated to
carry out this section, $10,000,000 for fiscal years 1999 and
2000. Amounts made available under this subsection shall remain
available until expended.
``(2) Small business development centers.--Of the total
amount made available under this subsection, not more than the
greater of 10 percent or $1,000,000 may be used to carry out
section 21(c)(3)(T).''.
SEC. 905. SMALL BUSINESS DEVELOPMENT CENTERS.
Section 21(c)(3) of the Small Business Act (15 U.S.C. 648(c)(3)) is
amended--
(1) in subparagraph (R), by striking ``and'' at the end;
(2) in subparagraph (S), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(T) providing information and assistance to small business
concerns with respect to establishing drug-free workplace
programs on or before October 1, 2000.''.
TITLE X--CANYON FERRY RESERVOIR, MONTANA, ACT
SECTION 1001. FINDINGS.
Congress finds that the conveyance of the properties described in
section 4(b) to the lessees of those properties for fair market value
would have the beneficial results of--
(1) reducing Pick-Sloan project debt for the Canyon Ferry
Unit;
(2) providing a permanent source of funding to acquire
publicly accessible land and interests in land, including
easements and conservation easements, in the State from willing
sellers at fair market value to--
(A) restore and conserve fisheries habitat,
including riparian habitat;
(B) restore and conserve wildlife habitat;
[[Page 112 STAT. 2681-711]]
(C) enhance public hunting, fishing, and
recreational opportunities; and
(D) improve public access to public land;
(3) eliminating Federal payments in lieu of taxes and
associated management expenditures in connection with the
Federal Government's ownership of the properties while
increasing local tax revenues from the new owners; and
(4) eliminating expensive and contentious disputes between
the Secretary and leaseholders while ensuring that the Federal
Government receives full and fair value for the properties.
SEC. 1002. PURPOSES.
The purposes of this Act are to--
(1) establish terms and conditions under which the Secretary
of the Interior shall, for fair market value, convey certain
properties around Canyon Ferry Reservoir, Montana, to private
parties; and
(2) acquire certain land for fish and wildlife conservation
purposes.
SEC. 1003. DEFINITIONS.
In this Act:
(1) Canyon ferry-broadwater county trust.--The term ``Canyon
Ferry-Broadwater County Trust'' means the Canyon Ferry-
Broadwater County Trust established under section 8.
(2) CFRA.--The term ``CFRA'' means the Canyon Ferry
Recreation Association, Incorporated, a Montana corporation.
(3) Commissioners.--The term ``Commissioners'' means the
Board of Commissioners for Broadwater County, Montana.
(4) Lease.--The term ``lease'' means a lease or permit in
effect on the date of enactment of this Act that gives a
leaseholder the right to occupy a property.
(5) Lessee.--The term ``lessee'' means--
(A) the leaseholder of 1 of the properties on the
date of enactment of this Act; and
(B) the leaseholder's heirs, executors, and assigns
of the leasehold interest in the property.
(6) Montana fish and wildlife conservation trust.--The term
``Montana Fish and Wildlife Conservation Trust'' means the
Montana Fish and Wildlife Conservation Trust established under
section 7.
(7) Project.--The term ``project'' means the Canyon Ferry
Unit of the Pick-Sloan Missouri River Basin Project.
(8) Property.--
(A) In general.--The term ``property'' means 1 of
the cabin sites described in section 4(b).
(B) Use in the plural.--The term ``properties''
means all 265 of the properties and any contiguous
parcels referred to in section 4(b)(1)(B).
(9) Purchaser.--The term ``purchaser'' means a person or
entity, excluding CFRA or a lessee, that purchases the
properties under section 4.
(10) Reservoir.--The term ``Reservoir'' means the Canyon
Ferry Reservoir, Montana.
(11) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(12) State.--The term ``State'' means the State of Montana.
[[Page 112 STAT. 2681-712]]
SEC. 1004. SALE OF PROPERTIES.
(a) In General.--Consistent with the Act of June 17, 1902 (32 Stat.
388, chapter 1093) and Acts supplemental to and amendatory of that Act
(43 U.S.C. 371 et seq.), the Secretary shall convey to CFRA or a
purchaser--
(1) all right, title, and interest (except the mineral
estate) of the United States in and to the properties, subject
to valid existing rights and the operational requirements of the
Pick-Sloan Missouri River Basin Program; and
(2) perpetual easements for--
(A) vehicular access to each property;
(B) access to and use of 1 dock per property; and
(C) access to and use of all boathouses, ramps,
retaining walls, and other improvements for which access
is provided in the leases as of the date of enactment of
this Act.
(b) Description of Properties.--
(1) In general.--The properties to be conveyed are--
(A) the 265 cabin sites of the Bureau of Reclamation
located along the northern end of the Reservoir in
portions of sections 2, 11, 12, 13, 15, 22, 23, and 26,
Township 10 North, Range 1 West; and
(B) any small parcel contiguous to any property (not
including shoreline or land needed to provide public
access to the shoreline of the Reservoir) that the
Secretary determines should be conveyed in order to
eliminate an inholding and facilitate administration of
surrounding land remaining in Federal ownership.
(2) Acreage; legal description.--The acreage and legal
description of each property and of each parcel shall be
determined by the Secretary in consultation with CFRA.
(3) Restrictive use covenant.--
(A) In general.--In order to maintain the unique
character of the Reservoir area, the Secretary, the
purchaser, CFRA, and each subsequent owner of each
property shall covenant that the use restrictions to
carry out subparagraphs (B) and (C) shall--
(i) be appurtenant to, and run, with each
property; and
(ii) be binding on each subsequent owner of
each property.
(B) Access to reservoir.--
(i) In general.--The Secretary, the purchaser,
CFRA, and the subsequent owners of each property
shall ensure that--
(I) public access to and along the
shoreline of the Reservoir in existence
on the date of enactment of this Act is
not obstructed; and
(II) adequate public access to and
along the shoreline of the Reservoir is
maintained.
(ii) Federal reclamation law.--
(I) In general.--No conveyance of
property under this Act shall restrict
or limit the authority or ability of the
Secretary to fulfill the duties of the
Secretary under the Act of June 17, 1902
(32 Stat. 388, chapter 1093), and Acts
supplemental
[[Page 112 STAT. 2681-713]]
to and amendatory of that Act (43 U.S.C.
371 et seq.).
(II) No liability.--The operation of
the Reservoir by the Secretary in
fulfillment of the duties described in
subclause (I) shall not result in
liability for damages, direct or
indirect, to the owner of any property
conveyed under section 4(a) or damages
from any loss of use or enjoyment of the
property.
(C) Historical use.--The Secretary, the purchaser,
CFRA, and each subsequent owner of each property shall
covenant that future uses of the property shall be
limited to the type and intensity of uses in existence
on the date of enactment of this Act, as limited by the
prohibitions contained in the annual operating plan of
the Bureau of Reclamation for the Reservoir in effect on
October 1, 1998.
(c) Purchase Process.--
(1) In general.--The Secretary shall--
(A) solicit sealed bids for the properties;
(B) subject to paragraph (2), sell the properties to
the bidder that submits the highest bid above the
minimum bid determined under paragraph (2); and
(C) not accept any bid for less than all of the
properties in 1 transaction.
(2) Minimum bid.--
(A) In general.--Before accepting bids, the
Secretary shall establish a minimum bid, which shall be
equal to the fair market value of the properties
determined by an appraisal of each property, exclusive
of the value of private improvements made by the
leaseholders before the date of the conveyance, in
conformance with the Uniform Appraisal Standards for
Federal Land Acquisition.
(B) Fair market value.--Any dispuste over the fair
market value of a property under subparagraph (A) shall
be resolved in accordance with section 2201.4 of title
43, Code of Federal Regulations.
(3) Right of first refusal.--If the highest bidder is other
than CFRA, CFRA shall have the right to match the highest bid
and purchase the properties at a price equal to the amount of
the highest bid.
(d) Terms of Conveyance.--
(1) Purchaser.--If the highest bidder is other than CFRA,
and CFRA does not match the highest bid, the following shall
apply:
(A) Payment.--The purchaser shall pay the amount bid
to the Secretary for distribution in accordance with
section 6.
(B) Conveyance.--The Secretary shall convey the
properties to the purchaser.
(C) Option to purchase.--The purchaser shall give
each lessee of a property conveyed under this section an
option to purchase the property at fair market value, as
determined under subsection (c)(2).
(D) Nonpurchasing lessees.--
(i) Right to continue lease.--A lessee that is
unable or unwilling to purchase a property shall
be provided the opportunity to continue to lease
the
[[Page 112 STAT. 2681-714]]
property for fair market value rent under the same
terms and conditions as apply under the existing
lease for the property, and shall have the right
to renew the term of the existing lease for 2
consecutive 5-year terms.
(ii) Compensation for improvements.--If a
lessee declines to purchase a property, the
purchaser shall compensate the lessee for the fair
market value, as determined pursuant to customary
appraisal procedures, of all improvements made to
the property by the lessee. The lessee may sell
the improvements to the purchaser at any time, but
the sale shall be completed by the final
termination of the lease, after all renewals under
clause (i).
(2) CFRA.--If CFRA is the highest bidder, or matches the
highest bid, the following shall apply:
(A) Closing.--On receipt of a purchase request from
a lessee or CFRA, the Secretary shall close on the
property and prepare all other properties for closing
within 45 days.
(B) Payment.--At the closing for a property--
(i) the lessee or CFRA shall deliver to the
Secretary payment for the property,
which the Secretary shall distribute in accordance with section 6; and
(ii) the Secretary shall convey the property
to the lessee or CFRA.
(C) Appraisal.--The Secretary shall determine the
purchase amount of each property based on the appraisal
conducted under subsection (c)(2), the amount of the bid
under subsection (c)(1), and the proportionate share of
administrative costs pursuant to subsection (e). The
total purchase amount for all properties shall equal the
total bid amount plus administrative costs under
subsection (e).
(D) Timing.--CFRA and the lessees shall purchase at
least 75 percent of the properties not later than August
1 of the year that begins at least 12 months after title
to the first property is conveyed by the Secretary to a
lessee.
(E) Right to renew.--The Secretary shall afford the
lessees who have not purchased properties under this
section the right to renew the term of the existing
lease for 2 (but not more than 2) consecutive 5-year
terms.
(F) Reimbursement.--A lessee shall reimburse CFRA
for a proportionate share of the costs to CFRA of
completing the transactions contemplated by this Act,
including any interest charges.
(G) Rental payments.--All rent received from the
leases shall be distributed by the Secretary in
accordance with section 6.
(e) Administrative Costs.--Any reasonable administrative costs
incurred by the Secretary, including the costs of survey and appraisals,
incident to the conveyance under subsection (a) shall be reimbursed by
the purchaser or CFRA.
(f) Timing.--The Secretary shall make every effort to complete the
conveyance under subsection (a) not later than 1 year after the
satisfaction of the condition established by section 8(b).
[[Page 112 STAT. 2681-715]]
(g) Closings.--Real estate closings to complete the conveyance under
subsection (a) may be staggered to facilitate the conveyance as agreed
to by the Secretary and the purchaser or CFRA.
(h) Conveyance to Lessee.--If a lessee purchases a property from the
purchaser or CFRA, the Secretary, at the request of the lessee, shall
have the conveyance documents prepared in the name or names of the
lessee so as to minimize the amount of time and number of documents
required to complete the closing for the property.
SEC. 1005. AGREEMENT.
(a) Management of Silo's Campground.--Not later than 180 days after
the date of enactment of this Act, the Secretary, acting through the
Commissioner of Reclamation, shall--
(1) offer to contract with the Commissioners to manage the
Silo's campground;
(2) enter into such a contract if agreed to by the Secretary
and the Commissioners; and
(3) grant necessary easements for access roads within and
adjacent to the Silo's campground.
(b) Concession Income.--Any income generated by any concession that
may be granted by the Commissioners at the Silo's recreation area--
(1) shall be deposited in the Canyon Ferry-Broadwater County
Trust; and
(2) may be disbursed by the Canyon Ferry-Broadwater County
Trust manager as part of the income of the Trust.
SEC. 1006. USE OF PROCEEDS.
Notwithstanding any other provision of law, proceeds of conveyances
under this Act shall be available, without further Act of appropriation,
as follows:
(1) 10 percent of the proceeds shall be applied by the
Secretary of the Treasury to reduce the outstanding debt for the
Pick-Sloan project at the Reservoir.
(2) 90 percent of the proceeds shall be deposited in the
Montana Fish and Wildlife Conservation Trust.
SEC. 1007. MONTANA FISH AND WILDLIFE CONSERVATION TRUST.
(a) Establishment.--The Secretary, in consultation with the State
congressional delegation and the Governor of the State, shall establish
a nonprofit charitable permanent perpetual public trust in the State, to
be known as the ``Montana Fish and Wildlife Conservation Trust''
(referred to in this section as the ``Trust'').
(b) Purpose.--The purpose of the Trust shall be to provide a
permanent source of funding to acquire publicly accessible land and
interests in land, including easements and conservation easements, in
the State from willing sellers at fair market value to--
(1) restore and conserve fisheries habitat, including
riparian habitat;
(2) restore and conserve wildlife habitat;
(3) enhance public hunting, fishing, and recreational
opportunities; and
(4) improve public access to public land.
(c) Administration.--
(1) Trust manager.--The Trust shall be managed by a trust
manager, who--
[[Page 112 STAT. 2681-716]]
(A) shall be responsible for investing the corpus of
the Trust; and
(B) shall disburse funds from the Trust on receiving
a request for disbursement from a majority of the
members of the Joint State-Federal Agency Board
established under paragraph (2) and after determining,
in consultation with the Citizen Advisory Board
established under paragraph (3) and after consideration
of any comments submitted by members of the public, that
the request meets the purpose of the Trust under
subsection (b) and the requirements of subsections (d)
and (e).
(2) Joint state-federal agency board.--
(A) Establishment.--There is established a Joint
State-Federal agency Board, which shall consist of--
(i) 1 Forest Service employee employed in the
State designated by the Forest Service;
(ii) 1 Bureau of Land Management employee
employed in the State designated by the Bureau of
Land Management;
(iii) 1 Bureau of Reclamation employee
employed in the State designated by the Bureau of
Reclamation;
(iv) 1 United States Fish and Wildlife Service
employee employed in the State designated by the
United States Fish and Wildlife Service; and
(v) 1 Montana Department of Fish, Wildlife and
Parks employee designated by the Department.
(B) Requests for disbursement.--After consulting
with the Citizen Advisory Board established under
paragraph (3) and after consideration of the Trust plan
prepared under paragraph (3)(C) and of any comments or
requests submitted by members of the public, the Joint
State-Federal Agency Board, by a vote of a majority of
its members, may submit to the Trust Manager a request
for disbursement if the Board determines that the
request meets the purpose of the Trust.
(3) Citizen advisory board.--
(A) In general.--The Secretary shall nominate, and
the Joint State-Federal Agency
Board shall approve by a majority vote, a Citizen Advisory Board.
(B) Membership.--The Citizen Advisory Board shall
consist of 4 members, including 1 with a demonstrated
commitment to improving public access to public land and
to fish and wildlife conservation, from each of--
(i) a Montana organization representing
agricultural landowners;
(ii) a Montana organization representing
hunters;
(iii) a Montana organization representing
fishermen; and
(iv) a Montana nonprofit land trust or
environmental organization.
(C) Duties.--The Citizen Advisory Board, in
consultation with the Joint State-Federal Agency Board
and the Montana Association of Counties, shall prepare
and periodically update a Trust plan including
recommendations for requests for disbursement by the
Joint State-Federal Agency Board.
[[Page 112 STAT. 2681-717]]
(D) Objectives of plan.--The Trust plan shall be
designed to maximize the effectiveness of Montana Fish
and Wildlife Conservation Trust expenditures
considering--
(i) public needs and requests;
(ii) availability of property;
(iii) alternative sources of funding; and
(iv) availability of matching funds.
(4) Public notice and comment.--Before requesting any
disbursements under paragraph (2), the Joint State-Federal
Agency Board shall--
(A) notify members of the public, including local
governments; and
(B) provide opportunity for public comment.
(d) Use.--
(1) Principal.--The principal of the Trust shall be
inviolate.
(2) Earnings.--Earnings on amounts in the Trust shall be
used to carry out subsection (b) and to administer the Trust and
Citizen Advisory Board.
(3) Local purposes.--Not more than 50 percent of the income
from the Trust in any year shall be used outside the watershed
of the Missouri River in the State, from Holter Dam upstream to
the confluence of the Jefferson River, Gallatin River, and
Madison River.
(e) Management.--Land and interests in land acquired under this
section shall be managed for the purpose described in subsection (b).
SEC. 1008. CANYON FERRY-BROADWATER COUNTY TRUST.
(a) Establishment.--The Commissioners shall establish a nonprofit
charitable permanent perpetual public trust to be known as the ``Canyon
Ferry-Broadwater County Trust'' (referred to in this section as the
``Trust'').
(b) Priority of Trust Establishment.--
(1) Condition to sale.--No sale of property under section 4
shall be made until at least $3,000,000, or a lesser amount as
offset by in-kind contributions made before full funding of the
trust, is deposited as the initial corpus of the Trust.
(2) In-kind contributions.--
(A) In general.--In-kind contributions--
(i) shall be approved in advance by the
Commissioners;
(ii) shall be made in Broadwater County;
(iii) shall be related to the improvement of
access to the portions of the Reservoir lying
within Broadwater County or
to the creation and improvement of new and existing recreational areas
within Broadwater County; and
(iv) shall not include any contribution made
by Broadwater County.
(B) Approval.--Approval by the Commissioners of an
in-kind contribution under subparagraph (A) shall
include approval of the value, nature, and type of the
contribution and of the entity that makes the
contribution.
(3) Interest.--Notwithstanding any other provision of this
Act, all interest earned on the principal of the Trust shall
[[Page 112 STAT. 2681-718]]
be reinvested and considered part of its corpus until the
condition stated in paragraph (1) is met.
(c) Trust Management.--
(1) Trust manager.--The Trust shall be managed by a
nonprofit foundation or other independent trustee to be selected
by the Commissioners.
(2) Use.--The Trust manager shall invest the corpus of the
Trust and disburse funds as follows:
(A) Principal.--A sum not to exceed $500,000 may be
expended from the corpus to pay for the planning and
construction of a harbor at the Silo's recreation area.
(B) Interest.--The balance of the Trust shall be
held and the income shall be expended annually for the
improvement of access to the portions of the Reservoir
lying within Broadwater County, Montana, and for the
creation and improvement of new and existing
recreational areas within Broadwater County.
(3) Disbursement.--The Trust manager--
(A) shall approve or reject any request for
disbursement; and
(B) shall not make any expenditure except on the
recommendation of the advisory committee established
under subsection (d).
(d) Advisory Committee.--
(1) Establishment.--The Commissioners shall appoint an
advisory committee consisting of not fewer than 3 nor more than
5 persons.
(2) Duties.--The advisory committee shall meet on a regular
basis to establish priorities and make requests for the
disbursement of funds to the Trust manager.
(3) Approval by the commissioners.--The advisory committee
shall recommend only such expenditures as are approved by the
Commissioners.
(e) No Offset.--Neither the corpus nor the income of the Trust shall
be used to reduce or replace the regular operating expenses of the
Secretary at the Reservoir, unless approved by the Commissioners.
SEC. 1009. AUTHORIZATION.
(a) In General.--The Secretary is authorized to--
(1) investigate, plan, construct, operate, and maintain
public recreational facilities on land withdrawn or acquired for
the development of the 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 purposes of the project;
and
(4) investigate, plan, construct, operate, and maintain
facilities for the conservation of fish and wildlife resources.
(b) Costs.--The costs (including operation and maintenance costs) of
carrying out subsection (a) shall be nonreimbursable and nonreturnable
under Federal reclamation law.
[[Page 112 STAT. 2681-719]]
TITLE XI--MORATORIUM ON CERTAIN <<NOTE: Internet Tax Freedom Act. 47 USC
151 note.>> TAXES
SEC. 1100. SHORT TITLE.
This title may be cited as the ``Internet Tax Freedom Act''.
SEC. 1101. MORATORIUM.
(a) Moratorium.--No State or political subdivision thereof shall
impose any of the following taxes during the period beginning on October
1, 1998, and ending 3 years after the date of the enactment of this
Act--
(1) taxes on Internet access, unless such tax was generally
imposed and actually enforced prior to October 1, 1998; and
(2) multiple or discriminatory taxes on electronic commerce.
(b) Preservation of State and Local Taxing Authority.--Except as
provided in this section, nothing in this title shall be construed to
modify, impair, or supersede, or authorize the modification, impairment,
or superseding of, any State or local law pertaining to taxation that is
otherwise permissible by or under the Constitution of the United States
or other Federal law and in effect on the date of enactment of this Act.
(c) Liabilities and Pending Cases.--Nothing in this title affects
liability for taxes accrued and enforced before the date of enactment of
this Act, nor does this title affect ongoing litigation relating to such
taxes.
(d) Definition of Generally Imposed and Actually Enforced.--For
purposes of this section, a tax has been generally imposed and actually
enforced prior to October 1, 1998, if, before that date, the tax was
authorized by statute and either--
(1) a provider of Internet access services had a reasonable
opportunity to know by virtue of a rule or other public
proclamation made by the appropriate administrative agency of
the State or political subdivision thereof, that such agency has
interpreted and applied such tax to Internet access services; or
(2) a State or political subdivision thereof generally
collected such tax on charges for Internet access.
(e) Exception to Moratorium.--
(1) In general.--Subsection (a) shall also not apply in the
case of any person or entity who knowingly and with knowledge of
the character of the material, in interstate or foreign commerce
by means of the World Wide Web, makes any communication for
commercial purposes that is available to any minor and that
includes any material that is harmful to minors unless such
person or entity has restricted access by minors to material
that is harmful to minors--
(A) by requiring use of a credit card, debit
account, adult access code, or adult personal
identification number;
(B) by accepting a digital certificate that verifies
age; or
(C) by any other reasonable measures that are
feasible under available technology.
(2) Scope of exception.--For purposes of paragraph (1), a
person shall not be considered to making a communication for
commercial purposes of material to the extent that the person
is--
(A) a telecommunications carrier engaged in the
provision of a telecommunications service;
[[Page 112 STAT. 2681-720]]
(B) a person engaged in the business of providing an
Internet access service;
(C) a person engaged in the business of providing an
Internet information location tool; or
(D) similarly engaged in the transmission, storage,
retrieval, hosting, formatting, or translation (or any
combination thereof) of a communication made by another
person, without selection or alteration of the
communication.
(3) Definitions.--In this subsection:
(A) By means of the world wide web.--The term ``by
means of the World Wide Web'' means by placement of
material in a computer server-based file archive so that
it is publicly accessible, over the Internet, using
hypertext transfer protocol, file transfer protocol, or
other similar protocols.
(B) Commercial purposes; engaged in the business.--
(i) Commercial purposes.--A person shall be
considered to make a communication for commercial
purposes only if such person is engaged in the
business of making such communications.
(ii) Engaged in the business.--The term
``engaged in the business'' means that the person
who makes a communication, or offers to make a
communication, by means of the World Wide Web,
that includes any material that is harmful to
minors, devotes time, attention, or labor to such
activities, as a regular course of such
person's trade or business, with the objective of earning a profit as a
result of such activities (although it is not necessary that the person
make a profit or that the making or offering to make such communications
be the person's sole or principal business or source of income). A
person may be considered to be engaged in the business of making, by
means of the World Wide Web, communications for commercial purposes that
include material that is harmful to minors, only if the person knowingly
causes the material that is harmful to minors to be posted on the World
Wide Web or knowingly solicits such material to be posted on the World
Wide Web.
(C) Internet.--The term ``Internet'' means
collectively the myriad of computer and
telecommunications facilities, including equipment and
operating software, which comprise the interconnected
world-wide network of networks that employ the
Transmission Control Protocol/Internet Protocol, or any
predecessor or successor protocols to such protocol, to
communicate information of all kinds by wire or radio.
(D) Internet access service.--The term ``Internet
access service'' means a service that enables users to
access content, information, electronic mail, or other
services offered over the Internet and may also include
access to proprietary content, information, and other
services as part of a package of services offered to
consumers. Such term does not include telecommunications
services.
(E) Internet information location tool.--The term
``Internet information location tool'' means a service
that
[[Page 112 STAT. 2681-721]]
refers or links users to an online location on the World
Wide Web. Such term includes directories, indices,
references, pointers, and hypertext links.
(F) Material that is harmful to minors.--The term
``material that is harmful to minors'' means any
communication, picture, image, graphic image file,
article, recording, writing, or other matter of any kind
that is obscene or that--
(i) the average person, applying contemporary
community standards, would find, taking the
material as a whole and with respect to minors, is
designed to appeal to, or is designed to pander
to, the prurient interest;
(ii) depicts, describes, or represents, in a
manner patently offensive with respect to minors,
an actual or simulated sexual act or sexual
contact, an actual or simulated normal or
perverted sexual act, or a lewd exhibition of the
genitals or post-pubescent female breast; and
(iii) taken as a whole, lacks serious
literary, artistic, political, or scientific value
for minors.
(G) Minor.--The term ``minor'' means any person
under 17 years of age.
(H) Telecommunications carrier; telecommunications
service.--The terms ``telecommunications carrier'' and
``telecommunications service'' have the meanings given
such terms in section 3 of the Communications Act of
1934 (47 U.S.C. 153).
(f) Additional Exception to Moratorium.--
(1) In general.--Subsection (a) shall also not apply with
respect to an Internet access provider,
unless, at the time of entering into an agreement with a customer for
the provision of Internet access services, such provider offers such
customer (either for a fee or at no charge) screening software that is
designed to permit the customer to limit access to material on the
Internet that is harmful to minors.
(2) Definitions.--In this subsection:
(A) Internet access provider.--The term `Internet
access provider' means a person engaged in the business
of providing a computer and communications facility
through which a customer may obtain access to the
Internet, but does not include a common carrier to the
extent that it provides only telecommunications
services.
(B) Internet access services.--The term `Internet
access services' means the provision of computer and
communications services through which a customer using a
computer and a modem or other communications device may
obtain access to the Internet, but does not include
telecommunications services provided by a common
carrier.
(C) Screening software.--The term ``screening
software'' means software that is designed to permit a
person to limit access to material on the Internet that
is harmful to minors.
(3) Applicability.--Paragraph (1) shall apply to agreements
for the provision of Internet access services entered into on or
after the date that is 6 months after the date of enactment of
this Act.
[[Page 112 STAT. 2681-722]]
SEC. 1102. ADVISORY COMMISSION ON ELECTRONIC COMMERCE.
(a) Establishment of Commission.--There is established a commission
to be known as the Advisory Commission on Electronic Commerce (in this
title referred to as the ``Commission''). The Commission shall--
(1) be composed of 19 members appointed in accordance with
subsection (b), including the chairperson who shall be selected
by the members of the Commission from among themselves; and
(2) conduct its business in accordance with the provisions
of this title.
(b) Membership.--
(1) In general.--The Commissioners shall serve for the life
of the Commission. The membership of the Commission shall be as
follows:
(A) 3 representatives from the Federal Government,
comprised of the Secretary of Commerce, the Secretary of
the Treasury, and the United States Trade Representative
(or their respective delegates).
(B) 8 representatives from State and local
governments (one such representative shall be from a
State or local government that does not impose a sales
tax and one representative shall be from a State that
does not impose an income tax).
(C) 8 representatives of the electronic commerce
industry (including small business), telecommunications
carriers, local retail businesses, and consumer groups,
comprised of--
(i) 5 individuals appointed by the Majority
Leader of the Senate;
(ii) 3 individuals appointed by the Minority
Leader of the Senate;
(iii) 5 individuals appointed by the Speaker
of the House of Representatives; and
(iv) 3 individuals appointed by the Minority
Leader of the House of Representatives.
(2) Appointments.--Appointments to the Commission shall be
made not later than 45 days after the date of the enactment of
this Act. The chairperson shall be selected not later than 60
days after the date of the enactment of this Act.
(3) Vacancies.--Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner as the
original appointment.
(c) Acceptance of Gifts and Grants.--The Commission may accept, use,
and dispose of gifts or grants of services or property, both real and
personal, for purposes of aiding or facilitating the work of the
Commission. Gifts or grants not used at the expiration of the Commission
shall be returned to the donor or grantor.
(d) Other Resources.--The Commission shall have reasonable access to
materials, resources, data, and other information from the Department of
Justice, the Department of Commerce, the Department of State, the
Department of the Treasury, and the Office of the United States Trade
Representative. The Commission shall also have reasonable access to use
the facilities of any such Department or Office for purposes of
conducting meetings.
(e) Sunset.--The Commission shall terminate 18 months after the date
of the enactment of this Act.
[[Page 112 STAT. 2681-723]]
(f) Rules of the Commission.--
(1) Quorum.--Nine members of the Commission shall constitute
a quorum for conducting the business of the Commission.
(2) Meetings.--Any meetings held by the Commission shall be
duly noticed at least 14 days in advance and shall be open to
the public.
(3) Opportunities to testify.--The Commission shall provide
opportunities for representatives of the general public,
taxpayer groups, consumer groups, and State and local government
officials to testify.
(4) Additional rules.--The Commission may adopt other rules
as needed.
(g) Duties of the Commission.--
(1) In general.--The Commission shall conduct a thorough
study of Federal, State and local, and international taxation
and tariff treatment of transactions using the Internet and
Internet access and other comparable intrastate, interstate or
international sales activities.
(2) Issues to be studied.--The Commission may include in the
study under subsection (a)--
(A) an examination of--
(i) barriers imposed in foreign markets on
United States providers of property, goods,
services, or information engaged in electronic
commerce and on United States providers of
telecommunications services; and
(ii) how the imposition of such barriers will
affect United States consumers, the
competitiveness of United States citizens
providing property, goods, services, or
information in foreign markets, and the growth and
maturing of the Internet;
(B) an examination of the collection and
administration of consumption taxes on electronic
commerce in other countries and the United States, and
the impact of such collection on the global economy,
including an examination of the relationship between the
collection and administration of such taxes when the
transaction uses the Internet and when it does not;
(C) an examination of the impact of the Internet and
Internet access (particularly voice transmission) on the
revenue base for taxes imposed under section 4251 of the
Internal Revenue Code of 1986;
(D) an examination of model State legislation that--
(i) would provide uniform definitions of
categories of property, goods, service, or
information subject to or exempt from sales and
use taxes; and
(ii) would ensure that Internet access
services, online services, and communications and
transactions using the Internet, Internet access
service, or online services would be treated in a
tax and technologically neutral manner relative to
other forms of remote sales;
(E) an examination of the effects of taxation,
including the absence of taxation, on all interstate
sales transactions, including transactions using the
Internet, on retail businesses and on State and local
governments, which examination may include a review of
the efforts of State
[[Page 112 STAT. 2681-724]]
and local governments to collect sales and use taxes
owed on in-State purchases from out-of-State sellers;
and
(F) the examination of ways to simplify Federal and
State and local taxes imposed on the provision of
telecommunications services.
(3) Effect on the communications act of 1934.--Nothing in
this section shall include an examination of any fees or charges
imposed by the Federal Communications Commission or States
related to--
(A) obligations under the Communications Act of 1934
(47 U.S.C. 151 et seq.); or
(B) the implementation of the Telecommunications Act
of 1996 (or of amendments made by that Act).
(h) National Tax Association Communications and Electronic
Commerce Tax Project.--The Commission shall, to the extent possible,
ensure that its work does not undermine the efforts of the National Tax
Association Communications and Electronic Commerce Tax Project.
SEC. 1103. REPORT.
Not later than 18 months after the date of the enactment of this
Act, the Commission shall transmit to Congress for its consideration a
report reflecting the results, including such legislative
recommendations as required to address the findings of the Commission's
study under this title. Any recommendation agreed to by the Commission
shall be tax and technologically neutral and apply to all forms of
remote commerce. No finding or recommendation shall be included in the
report unless agreed to by at least two-thirds of the members of the
Commission serving at the time the finding or recommendation is made.
SEC. 1104. DEFINITIONS.
For the purposes of this title:
(1) Bit tax.--The term ``bit tax'' means any tax on
electronic commerce expressly imposed on or measured by the
volume of digital information transmitted electronically, or the
volume of digital information per unit of time transmitted
electronically, but does not include taxes imposed on the
provision of telecommunications services.
(2) Discriminatory tax.--The term ``discriminatory tax''
means--
(A) any tax imposed by a State or political
subdivision thereof on electronic commerce that--
(i) is not generally imposed and legally
collectible by such State or such political
subdivision on transactions involving similar
property, goods, services, or information
accomplished through other means;
(ii) is not generally imposed and legally
collectible at the same rate by such State or such
political subdivision on transactions involving
similar property, goods, services, or information
accomplished through other means, unless the rate
is lower as part of a phase-out of the tax over
not more than a 5-year period;
(iii) imposes an obligation to collect or pay
the tax on a different person or entity than in
the case of transactions involving similar
property, goods, services, or information
accomplished through other means;
[[Page 112 STAT. 2681-725]]
(iv) establishes a classification of Internet
access service providers or online service
providers for purposes of establishing a higher
tax rate to be imposed on such providers than the
tax rate generally applied to providers of similar
information services delivered through other
means; or
(B) any tax imposed by a State or political
subdivision thereof, if--
(i) except with respect to a tax (on Internet
access) that was generally imposed and actually
enforced prior to October 1, 1998, the sole
ability to access a site on a remote seller's out-
of-State computer server is considered a factor in
determining
a remote seller's tax collection obligation; or
(ii) a provider of Internet access service or
online services is deemed to be the agent of a
remote seller for determining tax collection
obligations solely as a result of--
(I) the display of a remote seller's
information or content on the out-of-
State computer server of a provider of
Internet access service or online
services; or
(II) the processing of orders
through the out-of-State computer server
of a provider of Internet access service
or online services.
(3) Electronic commerce.--The term ``electronic commerce''
means any transaction conducted over the Internet or through
Internet access, comprising the sale, lease, license, offer, or
delivery of property, goods, services, or information, whether
or not for consideration, and includes the provision of Internet
access.
(4) Internet.--The term ``Internet'' means collectively the
myriad of computer and telecommunications facilities, including
equipment and operating software, which comprise the
interconnected world-wide network of networks that employ the
Transmission Control Protocol/Internet Protocol, or any
predecessor or successor protocols to such protocol, to
communicate information of all kinds by wire or radio.
(5) Internet access.--The term ``Internet access'' means a
service that enables users to access content, information,
electronic mail, or other services offered over the Internet,
and may also include access to proprietary content, information,
and other services as part of a package of services offered to
users. Such term does not include telecommunications services.
(6) Multiple tax.--
(A) In general.--The term ``multiple tax'' means any
tax that is imposed by one State or political
subdivision thereof on the same or essentially the same
electronic commerce that is also subject to another tax
imposed by another State or political subdivision
thereof (whether or not at the same rate or on the same
basis), without a credit (for example, a resale
exemption certificate) for taxes paid in other
jurisdictions.
(B) Exception.--Such term shall not include a sales
or use tax imposed by a State and 1 or more political
subdivisions thereof on the same electronic commerce or
[[Page 112 STAT. 2681-726]]
a tax on persons engaged in electronic commerce which
also may have been subject to a sales or use tax
thereon.
(C) Sales or use tax.--For purposes of subparagraph
(B), the term ``sales or use tax'' means a tax that is
imposed on or incident to the sale, purchase, storage,
consumption, distribution, or other use of tangible
personal property or services as may be defined by laws
imposing such tax and which is measured by the amount of
the sales price or other charge for such property or
service.
(7) State.--The term ``State'' means any of the several
States, the District of Columbia, or any commonwealth,
territory, or possession of the United States.
(8) Tax.--
(A) In general.--The term ``tax'' means--
(i) any charge imposed by any governmental
entity for the purpose of generating revenues for
governmental purposes, and is not a fee imposed
for a specific privilege, service, or benefit
conferred; or
(ii) the imposition on a seller of an
obligation to collect and to remit to a
governmental entity any sales or use tax imposed
on a buyer by a governmental entity.
(B) Exception.--Such term does not include any
franchise fee or similar fee imposed by a State or local
franchising authority, pursuant to section 622 or 653 of
the Communications Act of 1934 (47 U.S.C. 542, 573), or
any other fee related to obligations or
telecommunications carriers under the Communications Act
of 1934 (47 U.S.C. 151 et seq.).
(9) Telecommunications service.--The term
``telecommunications service'' has the meaning given such term
in section 3(46) of the Communications Act of 1934 (47 U.S.C.
153(46)) and includes communications services (as defined in
section 4251 of the Internal Revenue Code of 1986).
(10) Tax on internet access.--The term ``tax on Internet
access'' means a tax on Internet access, including the
enforcement or application of any new or preexisting tax on the
sale or use of Internet services unless such tax was generally
imposed and actually enforced prior to October 1, 1998.
TITLE XII--OTHER PROVISIONS
SEC. 1201. DECLARATION THAT INTERNET SHOULD BE FREE OF NEW FEDERAL
TAXES.
It is the sense of Congress that no new Federal taxes similar to the
taxes described in section 1101(a) should be enacted with respect to the
Internet and Internet access during the moratorium provided in such
section.
SEC. 1202. NATIONAL TRADE ESTIMATE.
Section 181 of the Trade Act of 1974 (19 U.S.C. 2241) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A)--
(i) by striking ``and'' at the end of clause
(i);
(ii) by inserting ``and'' at the end of clause
(ii); and
[[Page 112 STAT. 2681-727]]
(iii) by inserting after clause (ii) the
following new clause:
``(iii) United States electronic commerce,'';
and
(B) in subparagraph (C)--
(i) by striking ``and'' at the end of clause
(i);
(ii) by inserting ``and'' at the end of clause
(ii);
(iii) by inserting after clause (ii) the
following new clause:
``(iii) the value of additional United States
electronic commerce,''; and
(iv) by inserting ``or transacted with,''
after ``or invested in'';
(2) in subsection (a)(2)(E)--
(A) by striking ``and'' at the end of clause (i);
(B) by inserting ``and'' at the end of clause (ii);
and
(C) by inserting after clause (ii) the following new
clause:
``(iii) the value of electronic commerce
transacted with,''; and
(3) by adding at the end the following new subsection:
``(d) Electronic Commerce.--For purposes of this section, the term
`electronic commerce' has the meaning given that term in section 1104(3)
of the Internet Tax Freedom Act.''.
SEC. 1203. <<NOTE: 19 USC 2241 note.>> DECLARATION THAT THE INTERNET
SHOULD BE FREE OF FOREIGN TARIFFS, TRADE BARRIERS, AND OTHER
RESTRICTIONS.
(a) In General.--It is the sense of Congress that the President
should seek bilateral, regional, and multilateral agreements to remove
barriers to global electronic commerce through the World Trade
Organization, the Organization for Economic Cooperation and Development,
the Trans-Atlantic Economic Partnership, the Asia Pacific Economic
Cooperation forum, the Free Trade Area of the America, the North
American Free Trade Agreement, and other appropriate venues.
(b) Negotiating Objectives.--The negotiating objectives of the
United States shall be--
(1) to assure that electronic commerce is free from--
(A) tariff and nontariff barriers;
(B) burdensome and discriminatory regulation and
standards; and
(C) discriminatory taxation; and
(2) to accelerate the growth of electronic commerce by
expanding market access opportunities for--
(A) the development of telecommunications
infrastructure;
(B) the procurement of telecommunications equipment;
(C) the provision of Internet access and
telecommunications services; and
(D) the exchange of goods, services, and digitalized
information.
(c) Electronic Commerce.--For purposes of this section, the term
``electronic commerce'' has the meaning given that term in section
1104(3).
[[Page 112 STAT. 2681-728]]
SEC. 1204. NO EXPANSION OF TAX <<NOTE: 19 USC 2241 note.>> AUTHORITY.
Nothing in this title shall be construed to expand the duty of any
person to collect or pay taxes beyond that which existed immediately
before the date of the enactment of this Act.
SEC. 1205. <<NOTE: 19 USC 2241 note.>> PRESERVATION OF AUTHORITY.
Nothing in this title shall limit or otherwise affect the
implementation of the Telecommunications Act of 1996 (Public Law 104-
104) or the amendments made by such Act.
SEC. 1206. <<NOTE: 19 USC 2241 note.>> SEVERABILITY.
If any provision of this title, or any amendment made by this title,
or the application of that provision to any person or circumstance, is
held by a court of competent jurisdiction to violate any provision of
the Constitution of the United States, then the other provisions of that
title, and the application of that provision to other persons and
circumstances, shall not be affected.
TITLE <<NOTE: Children's Online Privacy Protection Act of 1998.>> XIII--
CHILDREN'S ONLINE PRIVACY PROTECTION
SEC. 1301. <<NOTE: 15 USC 6501 note.>> SHORT TITLE.
This title may be cited as the ``Children's Online Privacy
Protection Act of 1998''.
SEC. 1302. <<NOTE: 15 USC 6501.>> DEFINITIONS.
In this title:
(1) Child.--The term ``child'' means an individual under the
age of 13.
(2) Operator.--The term ``operator''--
(A) means any person who operates a website located
on the Internet or an online service and who collects or
maintains personal information from or about the users
of or visitors to such website or online service, or on
whose behalf such information is collected or
maintained, where such website or online service is
operated for commercial purposes, including any person
offering products or services for sale through that
website or online service, involving commerce--
(i) among the several States or with 1 or more
foreign nations;
(ii) in any territory of the United States or
in the District of Columbia, or between any such
territory and--
(I) another such territory; or
(II) any State or foreign nation; or
(iii) between the District of Columbia and any
State, territory, or foreign nation; but
(B) does not include any nonprofit entity that would
otherwise be exempt from coverage under section 5 of the
Federal Trade Commission Act (15 U.S.C. 45).
(3) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(4) Disclosure.--The term ``disclosure'' means, with respect
to personal information--
(A) the release of personal information collected
from a child in identifiable form by an operator for any
purpose, except where such information is provided to a
person other than the operator who provides support for
the
[[Page 112 STAT. 2681-729]]
internal operations of the website and does not disclose
or use that information for any other purpose; and
(B) making personal information collected from a
child by a website or online service directed to
children or with actual knowledge that such information
was collected from a child, publicly available in
identifiable form, by any means including by a public
posting, through the Internet, or through--
(i) a home page of a website;
(ii) a pen pal service;
(iii) an electronic mail service;
(iv) a message board; or
(v) a chat room.
(5) Federal agency.--The term ``Federal agency'' means an
agency, as that term is defined in section 551(1) of title 5,
United States Code.
(6) Internet.--The term ``Internet'' means collectively the
myriad of computer and telecommunications facilities, including
equipment and operating software, which comprise the
interconnected world-wide network of networks that employ the
Transmission Control Protocol/Internet Protocol, or any
predecessor or successor protocols to such protocol, to
communicate information of all kinds by wire or radio.
(7) Parent.--The term ``parent'' includes a legal guardian.
(8) Personal information.--The term ``personal information''
means individually identifiable information about an individual
collected online, including--
(A) a first and last name;
(B) a home or other physical address including
street name and name of a city or town;
(C) an e-mail address;
(D) a telephone number;
(E) a Social Security number;
(F) any other identifier that the Commission
determines permits the physical or online contacting of
a specific individual; or
(G) information concerning the child or the parents
of that child that the website collects online from the
child and combines with an identifier described in this
paragraph.
(9) Verifiable parental consent.--The term ``verifiable
parental consent'' means any reasonable effort (taking into
consideration available technology), including a request for
authorization for future collection, use, and disclosure
described in the notice, to ensure that a parent of a child
receives notice of the operator's personal information
collection, use, and disclosure practices, and authorizes the
collection, use, and disclosure, as applicable, of personal
information and the subsequent use of that information before
that information is collected from that child.
(10) Website or online service directed to children.--
(A) In general.--The term ``website or online
service directed to children'' means--
(i) a commercial website or online service
that is targeted to children; or
(ii) that portion of a commercial website or
online service that is targeted to children.
[[Page 112 STAT. 2681-730]]
(B) Limitation.--A commercial website or online
service, or a portion of a commercial website or online
service, shall not be deemed directed to children solely
for referring or linking to a commercial website or
online service directed to children by using information
location tools, including a directory, index, reference,
pointer, or hypertext link.
(11) Person.--The term ``person'' means any individual,
partnership, corporation, trust, estate, cooperative,
association, or other entity.
(12) Online contact information.--The term ``online contact
information'' means an e-mail address or another substantially
similar identifier that permits direct contact with a person
online.
SEC. 1303. <<NOTE: 15 USC 6502.>> REGULATION OF UNFAIR AND DECEPTIVE
ACTS AND PRACTICES IN CONNECTION WITH THE COLLECTION AND USE
OF PERSONAL INFORMATION FROM AND ABOUT CHILDREN ON THE
INTERNET.
(a) Acts Prohibited.--
(1) In general.--It is unlawful for an operator of a website
or online service directed to children, or any operator that has
actual knowledge that it is collecting personal information from
a child, to collect personal information from a child in a
manner that violates the regulations prescribed under subsection
(b).
(2) Disclosure to parent protected.--Notwithstanding
paragraph (1), neither an operator of such a website or online
service nor the operator's agent shall be held to be liable
under any Federal or State law for any disclosure made in good
faith and following reasonable procedures in responding to a
request for disclosure of personal information under subsection
(b)(1)(B)(iii) to the parent of a child.
(b) Regulations.--
(1) In general.--Not later than 1 year after the date of the
enactment of this Act, the Commission shall promulgate under
section 553 of title 5, United States Code, regulations that--
(A) require the operator of any website or online
service directed to children that collects personal
information from children or the operator of a website
or online service that has actual knowledge that it is
collecting personal information from a child--
(i) <<NOTE: Notice.>> to provide notice on the
website of what information is collected from
children by the operator, how the operator uses
such information, and the operator's disclosure
practices for such information; and
(ii) to obtain verifiable parental consent for
the collection, use, or disclosure of personal
information from children;
(B) require the operator to provide, upon request of
a parent under this subparagraph whose child has
provided personal information to that website or online
service, upon proper identification of that parent, to
such parent--
(i) a description of the specific types of
personal information collected from the child by
that operator;
(ii) the opportunity at any time to refuse to
permit the operator's further use or maintenance
in
[[Page 112 STAT. 2681-731]]
retrievable form, or future online collection, of
personal information from that child; and
(iii) notwithstanding any other provision of
law, a means that is reasonable under the
circumstances for the parent to obtain any
personal information collected from that child;
(C) prohibit conditioning a child's participation in
a game, the offering of a prize, or another activity on
the child disclosing more personal information than is
reasonably necessary to participate in such activity;
and
(D) require the operator of such a website or online
service to establish and maintain reasonable procedures
to protect the confidentiality, security, and integrity
of personal information collected from children.
(2) When consent not required.--The regulations shall
provide that verifiable parental consent under paragraph
(1)(A)(ii) is not required in the case of--
(A) online contact information collected from a
child that is used only to respond directly on a one-
time basis to a specific request from the child and is
not used to recontact the child and is not maintained in
retrievable form by the operator;
(B) a request for the name or online contact
information of a parent or child that is used for the
sole purpose of obtaining parental consent or providing
notice under this section and where such information is
not maintained in retrievable form by the operator if
parental consent is not obtained after a reasonable
time;
(C) online contact information collected from a
child that is used only to respond more than once
directly to a specific request from the child and is not
used to recontact the child beyond the scope of that
request--
(i) if, before any additional response after
the initial response to the child, the operator
uses reasonable efforts to provide a parent notice
of the online contact information collected from
the child, the purposes for which it is to be
used, and an opportunity for the parent to request
that the operator make no further use of the
information and that it not be maintained in
retrievable form; or
(ii) without notice to the parent in such
circumstances as the Commission may determine are
appropriate, taking into consideration the
benefits to the child of access to information and
services, and risks to the security and privacy of
the child, in regulations promulgated under this
subsection;
(D) the name of the child and online contact
information (to the extent reasonably necessary to
protect the safety of a child participant on the site)--
(i) used only for the purpose of protecting
such safety;
(ii) not used to recontact the child or for
any other purpose; and
(iii) not disclosed on the site,
if the operator uses reasonable efforts to provide a
parent notice of the name and online contact information
collected from the child, the purposes for which it is
to be used,
[[Page 112 STAT. 2681-732]]
and an opportunity for the parent to request that the
operator make no further use of the information and that
it not be maintained in retrievable form; or
(E) the collection, use, or dissemination of such
information by the operator of such a website or online
service necessary--
(i) to protect the security or integrity of
its website;
(ii) to take precautions against liability;
(iii) to respond to judicial process; or
(iv) to the extent permitted under other
provisions of law, to provide information to law
enforcement agencies or for an investigation on a
matter related to public safety.
(3) Termination of service.--The regulations shall permit
the operator of a website or an online service to terminate
service provided to a child whose parent has refused, under the
regulations prescribed under paragraph (1)(B)(ii), to permit the
operator's further use or maintenance in retrievable form, or
future online collection, of personal information from that
child.
(c) Enforcement.--Subject to sections 1304 and 1306, a violation of
a regulation prescribed under subsection (a) shall be treated as a
violation of a rule defining an unfair or deceptive act or practice
prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act
(15 U.S.C. 57a(a)(1)(B)).
(d) Inconsistent State Law.--No State or local government may impose
any liability for commercial activities or actions by operators in
interstate or foreign commerce in connection with an activity or action
described in this title that is inconsistent with the treatment of those
activities or actions under this section.
SEC. 1304. <<NOTE: 15 USC 6503.>> SAFE HARBORS.
(a) Guidelines.--An operator may satisfy the requirements of
regulations issued under section 1303(b) by following a set of self-
regulatory guidelines, issued by representatives of the marketing or
online industries, or by other persons, approved under subsection (b).
(b) Incentives.--
(1) Self-regulatory incentives.--In prescribing regulations
under section 1303, the Commission shall provide incentives for
self-regulation by operators to implement the protections
afforded children under the regulatory requirements described in
subsection (b) of that section.
(2) Deemed compliance.--Such incentives shall include
provisions for ensuring that a person will be deemed to be in
compliance with the requirements of the regulations under
section 1303 if that person complies with guidelines that, after
notice and comment, are approved by the Commission upon making a
determination that the guidelines meet the requirements of the
regulations issued under section 1303.
(3) Expedited response to requests.--The Commission shall
act upon requests for safe harbor treatment within 180 days of
the filing of the request, and shall set forth in writing its
conclusions with regard to such requests.
(c) Appeals.--Final action by the Commission on a request for
approval of guidelines, or the failure to act
within 180 days on a request for approval of guidelines, submitted under
subsection
[[Page 112 STAT. 2681-733]]
(b) may be appealed to a district court of the United States of
appropriate jurisdiction as provided for in section 706 of title 5,
United States Code.
SEC. 1305. <<NOTE: 15 USC 6504.>> ACTIONS BY STATES.
(a) In General.--
(1) Civil actions.--In any case in which the attorney
general of a State has reason to believe that an interest of the
residents of that State has been or is threatened or adversely
affected by the engagement of any person in a practice that
violates any regulation of the Commission prescribed under
section 1303(b), the State, as parens patriae, may bring a civil
action on behalf of the residents of the State in a district
court of the United States of appropriate jurisdiction to--
(A) enjoin that practice;
(B) enforce compliance with the regulation;
(C) obtain damage, restitution, or other
compensation on behalf of residents of the State; or
(D) obtain such other relief as the court may
consider to be appropriate.
(2) Notice.--
(A) In general.--Before filing an action under
paragraph (1), the attorney general of the State
involved shall provide to the Commission--
(i) written notice of that action; and
(ii) a copy of the complaint for that action.
(B) Exemption.--
(i) In general.--Subparagraph (A) shall not
apply with respect to the filing of an action by
an attorney general of a State under this
subsection, if the attorney general determines
that it is not feasible to provide the notice
described in that subparagraph before the filing
of the action.
(ii) Notification.--In an action described in
clause (i), the attorney general of a State shall
provide notice and a copy of the complaint to the
Commission at the same time as the attorney
general files the action.
(b) Intervention.--
(1) In general.--On receiving notice under subsection
(a)(2), the Commission shall have the right to intervene in the
action that is the subject of the notice.
(2) Effect of intervention.--If the Commission intervenes in
an action under subsection (a), it shall have the right--
(A) to be heard with respect to any matter that
arises in that action; and
(B) to file a petition for appeal.
(3) Amicus curiae.--Upon application to the court, a person
whose self-regulatory guidelines have been approved by the
Commission and are relied upon as a defense by any defendant to
a proceeding under this section may file amicus curiae in that
proceeding.
(c) Construction.--For purposes of bringing any civil action under
subsection (a), nothing in this title shall be construed to prevent an
attorney general of a State from exercising the powers conferred on the
attorney general by the laws of that State to--
[[Page 112 STAT. 2681-734]]
(1) conduct investigations;
(2) administer oaths or affirmations; or
(3) compel the attendance of witnesses or the production of
documentary and other evidence.
(d) Actions by the Commission.--In any case in which an action is
instituted by or on behalf of the Commission for violation of any
regulation prescribed under section 1303, no State may, during the
pendency of that action, institute an action under subsection (a)
against any defendant named in the complaint in that action for
violation of that regulation.
(e) Venue; Service of Process.--
(1) Venue.--Any action brought under subsection (a) may be
brought in the district court of the United States that meets
applicable requirements relating to venue under section 1391 of
title 28, United States Code.
(2) Service of process.--In an action brought under
subsection (a), process may be served in any district in which
the defendant--
(A) is an inhabitant; or
(B) may be found.
SEC. 1306. <<NOTE: 15 USC 6505.>> ADMINISTRATION AND APPLICABILITY OF
ACT.
(a) In General.--Except as otherwise provided, this title shall be
enforced by the Commission under the Federal Trade Commission Act (15
U.S.C. 41 et seq.).
(b) Provisions.--Compliance with the requirements imposed under
this title shall be enforced under--
(1) section 8 of the Federal Deposit Insurance Act (12
U.S.C. 1818), in the case of--
(A) national banks, and Federal branches and Federal
agencies of foreign banks, by the Office of the
Comptroller of the Currency;
(B) member banks of the Federal Reserve System
(other than national banks), branches and agencies of
foreign banks (other than Federal branches, Federal
agencies, and insured State branches of foreign banks),
commercial lending companies owned or controlled by
foreign banks, and organizations operating under section
25 or 25(a) of the Federal Reserve Act (12 U.S.C. 601 et
seq. and 611 et. seq.), by the Board; and
(C) banks insured by the Federal Deposit Insurance
Corporation (other than members of the Federal Reserve
System) and insured State branches of foreign banks, by
the Board of Directors of the Federal Deposit Insurance
Corporation;
(2) section 8 of the Federal Deposit Insurance Act (12
U.S.C. 1818), by the Director of the Office of Thrift
Supervision, in the case of a savings association the deposits
of which are insured by the Federal Deposit Insurance
Corporation;
(3) the Federal Credit Union Act (12 U.S.C. 1751 et seq.) by
the National Credit Union Administration Board with respect to
any Federal credit union;
(4) part A of subtitle VII of title 49, United States Code,
by the Secretary of Transportation with respect to any air
carrier or foreign air carrier subject to that part;
(5) the Packers and Stockyards Act, 1921 (7 U.S.C. 181 et.
seq.) (except as provided in section 406 of that Act (7
[[Page 112 STAT. 2681-735]]
U.S.C. 226, 227)), by the Secretary of Agriculture with respect
to any activities subject to that Act; and
(6) the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.) by
the Farm Credit Administration with respect to any Federal land
bank, Federal land bank association, Federal intermediate credit
bank, or production credit association.
(c) Exercise of Certain Powers.--For the purpose of the exercise by
any agency referred to in subsection (a) of its powers under any Act
referred to in that subsection, a violation of any requirement imposed
under this title shall be deemed to be a violation of a requirement
imposed under that Act. In addition to its powers under any provision of
law specifically referred to in subsection (a), each of the agencies
referred to in that subsection may exercise, for the purpose of
enforcing compliance with any requirement imposed under this title, any
other authority conferred on it by law.
(d) Actions by the Commission.--The Commission shall prevent any
person from violating a rule of the Commission under section 1303 in the
same manner, by the same means, and with the same jurisdiction, powers,
and duties as though all applicable terms and provisions of the Federal
Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and
made a part of this title. Any entity that violates such rule shall be
subject to the penalties and entitled to the privileges and immunities
provided in the Federal Trade Commission Act in the same manner, by the
same means, and with the same jurisdiction, power, and duties as though
all applicable terms and provisions of the Federal Trade Commission Act
were incorporated into and made a part of this title.
(e) Effect on Other Laws.--Nothing contained in the Act shall be
construed to limit the authority of the Commission under any other
provisions of law.
SEC. 1307. <<NOTE: 15 USC 6506.>> REVIEW.
Not later than 5 years after the effective date of the regulations
initially issued under section 1303, the Commission shall--
(1) review the implementation of this title, including the
effect of the implementation of this title on practices relating
to the collection and disclosure of information relating to
children, children's ability to obtain access to information of
their choice online, and on the availability of websites
directed to children; and
(2) <<NOTE: Reports.>> prepare and submit to Congress a
report on the results of the review under paragraph (1).
SEC. 1308. <<NOTE: 15 USC 6501 note.>> EFFECTIVE DATE.
Sections 1303(a), 1305, and 1306 of this title take effect on the
later of--
(1) the date that is 18 months after the date of enactment
of this Act; or
(2) the date on which the Commission rules on the first
application filed for safe harbor treatment under section 1304
if the Commission does not rule on the first such application
within one year after the date of enactment of this Act, but in
no case later than the date that is 30 months after the date of
enactment of this Act.
[[Page 112 STAT. 2681-736]]
TITLE <<NOTE: Child Online Protection Act. 47 USC 609 note.>> XIV--CHILD
ONLINE PROTECTION
SEC. 1401. SHORT TITLE.
This title may be cited as the ``Child Online Protection Act''.
SEC. 1402. <<NOTE: 47 USC 231 note.>> CONGRESSIONAL FINDINGS.
The Congress finds that--
(1) while custody, care, and nurture of the child resides
first with the parent, the widespread availability of the
Internet presents opportunities for minors to access materials
through the World Wide Web in a manner that can frustrate
parental supervision or control;
(2) the protection of the physical and psychological well-
being of minors by shielding them from materials that are
harmful to them is a compelling governmental interest;
(3) to date, while the industry has developed innovative
ways to help parents and educators restrict material that is
harmful to minors through parental control protections and self-
regulation, such efforts have not provided a national solution
to the problem of minors accessing harmful material on the World
Wide Web;
(4) a prohibition on the distribution of material harmful to
minors, combined with legitimate defenses, is currently the most
effective and least restrictive means by which to satisfy the
compelling government interest; and
(5) notwithstanding the existence of protections that limit
the distribution over the World Wide Web of material that is
harmful to minors, parents, educators, and industry must
continue efforts to find ways to protect children from being
exposed to harmful material found on the Internet.
SEC. 1403. REQUIREMENT TO RESTRICT ACCESS BY MINORS TO MATERIALS
COMMERCIALLY DISTRIBUTED BY MEANS OF THE WORLD WIDE WEB THAT
ARE HARMFUL TO MINORS.
Part I of title II of the Communications Act of 1934 (47 U.S.C. 201
et seq.) is amended by adding at the end the following new section:
``SEC. 231. <<NOTE: 47 USC 231.>> RESTRICTION OF ACCESS BY MINORS TO
MATERIALS COMMERCIALLY DISTRIBUTED BY MEANS OF WORLD WIDE
WEB THAT ARE HARMFUL TO MINORS.
``(a) Requirement To Restrict Access.--
``(1) Prohibited conduct.--Whoever knowingly and with
knowledge of the character of the material, in interstate or
foreign commerce by means of the World Wide Web, makes any
communication for commercial purposes that is available to any
minor and that includes any material that is harmful to minors
shall be fined not more than $50,000, imprisoned not more than 6
months, or both.
``(2) Intentional violations.--In addition to the penalties
under paragraph (1), whoever intentionally violates such
paragraph shall be subject to a fine of not more than $50,000
for each violation. For purposes of this paragraph, each day of
violation shall constitute a separate violation.
``(3) Civil penalty.--In addition to the penalties under
paragraphs (1) and (2), whoever violates paragraph (1) shall be
subject to a civil penalty of not more than $50,000 for
[[Page 112 STAT. 2681-737]]
each violation. For purposes of this paragraph, each day of
violation shall constitute a separate violation.
``(b) Inapplicability of Carriers and Other Service Providers.--For
purposes of subsection (a), a person shall not be considered to make any
communication for commercial purposes to the extent that such person
is--
``(1) a telecommunications carrier engaged in the provision
of a telecommunications service;
``(2) a person engaged in the business of providing an
Internet access service;
``(3) a person engaged in the business of providing an
Internet information location tool; or
``(4) similarly engaged in the transmission, storage,
retrieval, hosting, formatting, or translation (or any
combination thereof) of a communication made by another person,
without selection or alteration of the content of the
communication, except that such person's deletion of a
particular communication or material made by another person in a
manner consistent with subsection (c) or section 230 shall not
constitute such selection or alteration of the content of the
communication.
``(c) Affirmative Defense.--
``(1) Defense.--It is an affirmative defense to prosecution
under this section that the defendant, in good faith, has
restricted access by minors to material that is harmful to
minors--
``(A) by requiring use of a credit card, debit
account, adult access code, or adult personal
identification number;
``(B) by accepting a digital certificate that
verifies age; or
``(C) by any other reasonable measures that are
feasible under available technology.
``(2) Protection for use of defenses.--No cause of action
may be brought in any court or administrative agency against any
person on account of any activity that is not in violation of
any law punishable by criminal or civil penalty, and that the
person has taken in good faith to implement a defense authorized
under this subsection or otherwise to restrict or prevent the
transmission of, or access to, a communication specified in this
section.
``(d) Privacy Protection Requirements.--
``(1) Disclosure of information limited.--A person making a
communication described in subsection (a)--
``(A) shall not disclose any information collected
for the purposes of restricting access to such
communications to individuals 17 years of age or older
without the prior written or electronic consent of--
``(i) the individual concerned, if the
individual is an adult; or
``(ii) the individual's parent or guardian, if
the individual is under 17 years of age; and
``(B) shall take such actions as are necessary to
prevent unauthorized access to such information by a
person other than the person making such communication
and the recipient of such communication.
``(2) Exceptions.--A person making a communication described
in subsection (a) may disclose such information if the
disclosure is--
[[Page 112 STAT. 2681-738]]
``(A) necessary to make the communication or conduct
a legitimate business activity related to making the
communication; or
``(B) made pursuant to a court order authorizing
such disclosure.
``(e) Definitions.--For purposes of this subsection, the following
definitions shall apply:
``(1) By means of the world wide web.--The term `by means of
the World Wide Web' means by placement of material in a computer
server-based file archive so that it is publicly accessible,
over the Internet, using hypertext transfer protocol or any
successor protocol.
``(2) Commercial purposes; engaged in the business.--
``(A) Commercial purposes.--A person shall be
considered to make a communication for commercial
purposes only if such person is engaged in the business
of making such communications.
``(B) Engaged in the business.--The term `engaged in
the business' means that the person who makes a
communication, or offers to make a communication, by
means of the World Wide Web, that includes any material
that is harmful to minors, devotes time, attention, or
labor to such activities, as a regular course of such
person's trade or business, with the objective of
earning a profit as a result of such activities
(although it is not necessary that the person make a
profit or that the making or offering to make such
communications be the person's sole or principal
business or source of income). A person may be
considered to be engaged in the business of making, by
means of the World Wide Web, communications for
commercial purposes that include material that is
harmful to minors, only if the person knowingly causes
the material that is harmful to minors to be posted on
the World Wide Web or knowingly solicits such material
to be posted on the World Wide Web.
``(3) Internet.--The term `Internet' means the combination
of computer facilities and electromagnetic transmission media,
and related equipment and software, comprising the
interconnected worldwide network of computer networks that
employ the Transmission Control Protocol/Internet Protocol or
any successor protocol to transmit information.
``(4) Internet access service.--The term `Internet access
service' means a service that enables users to access content,
information, electronic mail, or other services offered over the
Internet, and may also include access to proprietary content,
information, and other services as part of a package of services
offered to consumers. Such term does not include
telecommunications services.
``(5) Internet information location tool.--The term
`Internet information location tool' means a service that refers
or links users to an online location on the World Wide Web. Such
term includes directories, indices, references, pointers, and
hypertext links.
``(6) Material that is harmful to minors.--The term
`material that is harmful to minors' means any communication,
picture, image, graphic image file, article, recording, writing,
or other matter of any kind that is obscene or that--
[[Page 112 STAT. 2681-739]]
``(A) the average person, applying contemporary
community standards, would find, taking the material as
a whole and with respect to minors, is designed to
appeal to, or is designed to pander to, the prurient
interest;
``(B) depicts, describes, or represents, in a manner
patently offensive with respect to minors, an actual or
simulated sexual act or sexual contact, an actual or
simulated normal or perverted sexual act, or a lewd
exhibition of the genitals or post-pubescent female
breast; and
``(C) taken as a whole, lacks serious literary,
artistic, political, or scientific value for minors.
``(7) Minor.--The term `minor' means any person under 17
years of age.''.
SEC. 1404. NOTICE REQUIREMENT.
(a) Notice.--Section 230 of the Communications Act of 1934 (47
U.S.C. 230) is amended--
(1) in subsection (d)(1), by inserting ``or 231'' after
``section 223'';
(2) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(3) by inserting after subsection (c) the following new
subsection:
``(d) Obligations of Interactive Computer Service.--A provider of
interactive computer service shall, at the time of entering an agreement
with a customer for the provision of interactive computer service and in
a manner deemed appropriate by the provider, notify such customer that
parental control protections (such as computer hardware, software, or
filtering services) are commercially available that may assist the
customer in limiting access to material that is harmful to minors. Such
notice shall identify, or provide the customer with access to
information identifying, current providers of such protections.''.
(b) Conforming Amendment.--Section 223(h)(2) of the Communications
Act of 1934 (47 U.S.C. 223(h)(2)) is amended by striking ``230(e)(2)''
and inserting ``230(f)(2)''.
SEC. 1405. <<NOTE: 47 USC 231 note.>> STUDY BY COMMISSION ON ONLINE
CHILD PROTECTION.
(a) Establishment.--There is hereby established a temporary
Commission to be known as the Commission on Online Child Protection (in
this section referred to as the ``Commission'') for the purpose of
conducting a study under this section regarding methods to help reduce
access by minors to material that is harmful to minors on the Internet.
(b) Membership.--The Commission shall be composed of 19 members,
as follows:
(1) Industry members.--The Commission shall include--
(A) 2 members who are engaged in the business of
providing Internet filtering or blocking services or
software;
(B) 2 members who are engaged in the business of
providing Internet access services;
(C) 2 members who are engaged in the business of
providing labeling or ratings services;
(D) 2 members who are engaged in the business of
providing Internet portal or search services;
(E) 2 members who are engaged in the business of
providing domain name registration services;
[[Page 112 STAT. 2681-740]]
(F) 2 members who are academic experts in the field
of technology; and
(G) 4 members who are engaged in the business of
making content available over the Internet.
Of the members of the Commission by reason of each
subparagraph of this paragraph, an equal number shall be
appointed by the Speaker of the House of Representatives and by
the Majority Leader of the Senate.
(2) Ex officio members.--The Commission shall include the
following officials:
(A) The Assistant Secretary (or the Assistant
Secretary's designee).
(B) The Attorney General (or the Attorney General's
designee).
(C) The Chairman of the Federal Trade Commission (or
the Chairman's designee).
(c) Study.--
(1) In general.--The Commission shall conduct a study to
identify technological or other methods that--
(A) will help reduce access by minors to material
that is harmful to minors on the Internet; and
(B) may meet the requirements for use as affirmative
defenses for purposes of section 231(c) of the
Communications Act of 1934 (as added by this title).
Any methods so identified shall be used as the basis for
making legislative recommendations to the Congress under
subsection (d)(3).
(2) Specific methods.--In carrying out the study, the
Commission shall identify and analyze various technological
tools and methods for protecting minors from material that is
harmful to minors, which shall include (without limitation)--
(A) a common resource for parents to use to help
protect minors (such as a ``one-click-away'' resource);
(B) filtering or blocking software or services;
(C) labeling or rating systems;
(D) age verification systems;
(E) the establishment of a domain name for posting
of any material that is harmful to minors; and
(F) any other existing or proposed technologies or
methods for reducing access by minors to such material.
(3) Analysis.--In analyzing technologies and other methods
identified pursuant to paragraph (2), the Commission shall
examine--
(A) the cost of such technologies and methods;
(B) the effects of such technologies and methods on
law enforcement entities;
(C) the effects of such technologies and methods on
privacy;
(D) the extent to which material that is harmful to
minors is globally distributed and the effect of such
technologies and methods on such distribution;
(E) the accessibility of such technologies and
methods to parents; and
(F) such other factors and issues as the Commission
considers relevant and appropriate.
(d) Report.--Not later than 1 year after the enactment of this Act,
the Commission shall submit a report to the Congress
[[Page 112 STAT. 2681-741]]
containing the results of the study under this section, which shall
include--
(1) a description of the technologies and methods identified
by the study and the results of the analysis of each such
technology and method;
(2) the conclusions and recommendations of the Commission
regarding each such technology or method;
(3) recommendations for legislative or administrative
actions to implement the conclusions of the committee; and
(4) a description of the technologies or methods identified
by the study that may meet the requirements for use as
affirmative defenses for purposes of section 231(c) of the
Communications Act of 1934 (as added by this title).
(e) Staff and Resources.--The Assistant Secretary for Communication
and Information of the Department of Commerce shall provide to the
Commission such staff and resources as the Assistant Secretary
determines necessary for the Commission to perform its duty efficiently
and in accordance with this section.
(f) Termination.--The Commission shall terminate 30 days after the
submission of the report under subsection (d).
(g) Inapplicability of Federal Advisory Committee Act.--The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Commission.
SEC. 1406. <<NOTE: 47 USC 223 note.>> EFFECTIVE DATE.
This title and the amendments made by this title shall take effect
30 days after the date of enactment of this Act.
TITLE <<NOTE: Vaccine Injury Compensation Program Modification Act. 26
USC 1 note.>> XV--VACCINE INJURY COMPENSATION PROGRAM MODIFICATION ACT
SECTION 1501. SHORT TITLE.
This title may be cited as the ``Vaccine Injury Compensation Program
Modification Act''.
SEC. 1502. ELIMINATION OF THRESHOLD REQUIREMENT OF UNREIMBURSABLE
EXPENSES.
Section 2111(c)(1)(D)(i) of the Public Health Service Act (42 U.S.C.
300aa-11(c)(1)(D)(i)) is amended by striking ``and incurred
unreimbursable expenses due in whole or in part to such illness,
disability, injury, or condition in an amount greater than $1,000''.
SEC. 1503. INCLUSION OF ROTAVIRUS GASTROENTERITIS AS A TAXABLE VACCINE.
(a) In General.--Section 4132(1) of the Internal Revenue Code of
1986 <<NOTE: 26 USC 4132.>> (defining taxable vaccine) is amended by
adding at the end the following new subparagraph:
``(K) Any vaccine against rotavirus
gastroenteritis.''.
<<NOTE: 26 USC 4132 note.>> (b) Effective Date.--
(1) Sales.--The amendment made by this section shall apply
to sales after the date of the enactment of this Act.
(2) Deliveries.--For purposes of paragraph (1), in the case
of sales on or before the date of the enactment of this Act for
which delivery is made after such date, the delivery date shall
be considered the sale date.
SEC. 1504. VACCINE INJURY COMPENSATION TRUST FUND.
(a) Amendments Related to Section 904 of 1997 Act.--
[[Page 112 STAT. 2681-742]]
(1) Paragraph (1) of section 9510(c) of the 1986
Code <<NOTE: 26 USC 9510.>> is amended to read as follows:
``(1) In general.--Amounts in the Vaccine Injury
Compensation Trust Fund shall be available, as provided in
appropriation Acts, only for--
``(A) the payment of compensation under subtitle 2
of title XXI of the Public Health Service Act (as in
effect on August 6, 1997) for vaccine-related injury or
death with respect to any vaccine--
``(i) which is administered after September
30, 1988, and
``(ii) which is a taxable vaccine (as defined
in section 4132(a)(1)) at the time the vaccine was
administered, or
``(B) the payment of all expenses of administration
incurred by the Federal Government in administering such
subtitle.''.
(2) Section 9510(b) of the 1986 Code is amended by adding at
the end the following new paragraph:
``(3) Limitation on transfers to vaccine injury compensation
trust fund.--No amount may be appropriated to the Vaccine Injury
Compensation Trust Fund on and after the date of any expenditure
from the Trust Fund which is not permitted by this section. The
determination of whether an expenditure is so permitted shall be
made without regard to--
``(A) any provision of law which is not contained or
referenced in this title or in a revenue Act, and
``(B) whether such provision of law is a
subsequently enacted provision or directly or indirectly
seeks to waive the application of this paragraph.''.
<<NOTE: 26 USC 9510 note.>> (b) Effective Date.--The amendments
made by this section shall take effect as if included in the provisions
of the Taxpayer Relief Act of 1997 to which they relate.
TITLE <<NOTE: Persian Gulf War Veterans Act of 1998.>> XVI--SERVICE
CONNECTION FOR PERSIAN GULF WAR ILLNESSES
SEC. 1601. <<NOTE: 38 USC 101 note.>> SHORT TITLE.
This title may be cited as the ``Persian Gulf War Veterans Act of
1998''.
SEC. 1602. PRESUMPTION OF SERVICE CONNECTION FOR ILLNESSES ASSOCIATED
WITH SERVICE IN THE PERSIAN GULF DURING THE PERSIAN GULF
WAR.
(a) In General.--(1) Subchapter II of chapter 11 of title 38, United
States Code, is amended by adding at the end the following:
``Sec. 1118. Presumptions of service connection for illnesses associated
with service in the Persian Gulf during the
Persian Gulf War
``(a)(1) For purposes of section 1110 of this title, and subject to
section 1113 of this title, each illness, if any, described in paragraph
(2) shall be considered to have been incurred in or aggravated by
service referred to in that paragraph, notwithstanding that there is no
record of evidence of such illness during the period of such service.
[[Page 112 STAT. 2681-743]]
``(2) An illness referred to in paragraph (1) is any diagnosed or
undiagnosed illness that--
``(A) <<NOTE: Regulations.>> the Secretary determines in
regulations prescribed under this section to warrant a
presumption of service connection by reason of having a positive
association with exposure to a biological, chemical, or other
toxic agent, environmental or wartime hazard, or preventive
medicine or vaccine known or presumed to be associated with
service in the Armed Forces in the Southwest Asia theater of
operations during the Persian Gulf War; and
``(B) becomes manifest within the period, if any, prescribed
in such regulations in a veteran who served on active duty in
that theater of operations during that war and by reason of such
service was exposed to such agent, hazard, or medicine or
vaccine.
``(3) For purposes of this subsection, a veteran who served on
active duty in the Southwest Asia theater of operations during the
Persian Gulf War and has an illness described in paragraph (2) shall be
presumed to have been exposed by reason of such service to the agent,
hazard, or medicine or vaccine associated with the illness in the
regulations prescribed under this section unless there is conclusive
evidence to establish that the veteran was not exposed to the agent,
hazard, or medicine or vaccine by reason of such service.
``(b)(1)(A) <<NOTE: Regulations.>> Whenever the Secretary makes a
determination described in subparagraph (B), the Secretary shall
prescribe regulations providing that a presumption of service connection
is warranted for the illness covered by that determination for purposes
of this section.
``(B) A determination referred to in subparagraph (A) is a
determination based on sound medical and scientific evidence that a
positive association exists between--
``(i) the exposure of humans or animals to a biological,
chemical, or other toxic agent, environmental or wartime hazard,
or preventive medicine or vaccine known or presumed to be
associated with service in the Southwest Asia theater of
operations during the Persian Gulf War; and
``(ii) the occurrence of a diagnosed or undiagnosed illness
in humans or animals.
``(2)(A) In making determinations for purposes of paragraph (1), the
Secretary shall take into account--
``(i) the reports submitted to the Secretary by the National
Academy of Sciences under section 1603 of the Persian Gulf War
Veterans Act of 1998; and
``(ii) all other sound medical and scientific information
and analyses available to the Secretary.
``(B) In evaluating any report, information, or analysis for
purposes of making such determinations, the Secretary shall take into
consideration whether the results are statistically significant, are
capable of replication, and withstand peer review.
``(3) An association between the occurrence of an illness in humans
or animals and exposure to an agent, hazard, or medicine or vaccine
shall be considered to be positive for purposes of this subsection if
the credible evidence for the association is equal to or outweighs the
credible evidence against the association.
``(c)(1) Not later than 60 days after the date on which the
Secretary receives a report from the National Academy of Sciences
[[Page 112 STAT. 2681-744]]
under section 1603 of the Persian Gulf War Veterans Act of 1998, the
Secretary shall determine whether or not a presumption of service
connection is warranted for each illness, if any, covered by the report.
``(2) <<NOTE: Regulations.>> If the Secretary determines under this
subsection that a presumption of service connection is warranted, the
Secretary shall, not later than 60 days after making the determination,
issue proposed regulations setting forth the Secretary's determination.
``(3)(A) <<NOTE: Federal Register, publication.>> If the Secretary
determines under this subsection that a presumption of service
connection is not warranted, the Secretary shall, not later than 60 days
after making the determination, publish in the Federal Register a notice
of the determination. The notice shall include an explanation of the
scientific basis for the determination.
``(B) <<NOTE: Regulations.>> If an illness already presumed to be
service connected under this section is subject to a determination under
subparagraph (A), the Secretary shall, not later than 60 days after
publication of the notice under that subparagraph, issue proposed
regulations removing the presumption of service connection for the
illness.
``(4) <<NOTE: Regulations.>> Not later than 90 days after the date
on which the Secretary issues any proposed regulations under this
subsection, the Secretary shall <<NOTE: Effective date.>> issue final
regulations. Such regulations shall be effective on the date of
issuance.
``(d) Whenever the presumption of service connection for an illness
under this section is removed under subsection (c)--
``(1) a veteran who was awarded compensation for the illness
on the basis of the presumption before the effective date of the
removal of the presumption shall continue to be entitled to
receive compensation on that basis; and
``(2) a survivor of a veteran who was awarded dependency and
indemnity compensation for the death of a veteran resulting from
the illness on the
basis of the presumption before that date shall continue to be entitled
to receive dependency and indemnity compensation on that basis.
``(e) <<NOTE: Termination date.>> Subsections (b) through (d) shall
cease to be effective 10 years after the first day of the fiscal year in
which the National Academy of Sciences submits to the Secretary the
first report under section 1603 of the Persian Gulf War Veterans Act of
1998.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1117 the
following new item:
``1118. Presumptions of service connection for illnesses associated with
service in the Persian Gulf during the Persian Gulf War.''.
(b) Conforming Amendments.--Section 1113 of title 38, United States
Code, is amended--
(1) by striking out ``or 1117'' each place it appears and
inserting in lieu thereof ``1117, or 1118''; and
(2) in subsection (a), by striking out ``or 1116'' and
inserting in lieu thereof ``, 1116, or 1118''.
(c) Compensation for Undiagnosed Gulf War Illnesses.--Section 1117
of title 38, United States Code, is amended--
(1) by redesignating subsections (c), (d), and (e) as
subsections (d), (e), and (f), respectively; and
(2) by inserting after subsection (b) the following new
subsection (c):
[[Page 112 STAT. 2681-745]]
``(c)(1) Whenever the Secretary determines under section 1118(c) of
this title that a presumption of service connection for an undiagnosed
illness (or combination of undiagnosed illnesses) previously established
under this section is no longer warranted--
``(A) a veteran who was awarded compensation under this
section for such illness (or combination of illnesses) on the
basis of the presumption shall continue to be entitled to
receive compensation under this section on that basis; and
``(B) a survivor of a veteran who was awarded dependency and
indemnity compensation for the death of a veteran resulting from
the disease on the basis of the presumption before that date
shall continue to be entitled to receive dependency and
indemnity compensation on that basis.
``(2) <<NOTE: Termination date.>> This subsection shall cease to be
effective 10 years after the first day of the fiscal year in which the
National Academy of Sciences submits to the Secretary the first report
under section 1603 of the Persian Gulf War Veterans Act of 1998.''.
SEC. 1603. <<NOTE: 38 USC 1117 note.>> AGREEMENT WITH NATIONAL ACADEMY
OF SCIENCES.
(a) Purpose.--The purpose of this section is to provide for the
National Academy of Sciences, an independent nonprofit scientific
organization with appropriate expertise, to review and evaluate the
available scientific evidence regarding associations between illnesses
and exposure to toxic agents, environmental or wartime hazards, or
preventive medicines or vaccines associated with Gulf War service.
(b) Agreement.--The Secretary of Veterans Affairs shall seek to
enter into an agreement with the National Academy of Sciences for the
Academy to perform the activities covered by this section. The Secretary
shall seek to enter into the agreement not later than two months after
the date of enactment of this Act.
(c) Identification of Agents and Illnesses.--(1) Under the agreement
under subsection (b), the National Academy of Sciences shall--
(A) identify the biological, chemical, or other toxic
agents, environmental or wartime hazards, or preventive
medicines or vaccines to which members of the Armed Forces who
served in the Southwest Asia theater of operations during the
Persian Gulf War may have been exposed by reason of such
service; and
(B) identify the illnesses (including diagnosed illnesses
and undiagnosed illnesses) that are manifest in such members.
(2) In identifying illnesses under paragraph (1)(B), the Academy
shall review and summarize the relevant scientific evidence regarding
illnesses among the members described in paragraph (1)(A) and among
other appropriate populations of individuals, including mortality,
symptoms, and adverse reproductive health outcomes among such members
and individuals.
(d) Initial Consideration of Specific Agents.--(1) In identifying
under subsection (c) the agents, hazards, or preventive medicines or
vaccines to which members of the Armed Forces may have been exposed for
purposes of the first report under subsection (i), the National Academy
of Sciences shall consider, within the first six months after the date
of enactment of this Act, the following:
(A) The following organophosphorous pesticides:
(i) Chlorpyrifos.
[[Page 112 STAT. 2681-746]]
(ii) Diazinon.
(iii) Dichlorvos.
(iv) Malathion.
(B) The following carbamate pesticides:
(i) Proxpur.
(ii) Carbaryl.
(iii) Methomyl.
(C) The carbamate pyridostigmine bromide used as nerve agent
prophylaxis.
(D) The following chlorinated hydrocarbon and other
pesticides and repellents:
(i) Lindane.
(ii) Pyrethrins.
(iii) Permethrins.
(iv) Rodenticides (bait).
(v) Repellent (DEET).
(E) The following low-level nerve agents and precursor
compounds at exposure levels below those which produce
immediately apparent incapacitating symptoms:
(i) Sarin.
(ii) Tabun.
(F) The following synthetic chemical compounds:
(i) Mustard agents at levels below those which cause
immediate blistering.
(ii) Volatile organic compounds.
(iii) Hydrazine.
(iv) Red fuming nitric acid.
(v) Solvents.
(vi) Uranium.
(G) The following ionizing radiation:
(i) Depleted uranium.
(ii) Microwave radiation.
(iii) Radio frequency radiation.
(H) The following environmental particulates and pollutants:
(i) Hydrogen sulfide.
(ii) Oil fire byproducts.
(iii) Diesel heater fumes.
(iv) Sand micro-particles.
(I) Diseases endemic to the region (including the
following):
(i) Leishmaniasis.
(ii) Sandfly fever.
(iii) Pathogenic escherechia coli.
(iv) Shigellosis.
(J) Time compressed administration of multiple live,
`attenuated', and toxoid vaccines.
(2) The consideration of agents, hazards, and medicines and vaccines
under paragraph (1) shall not preclude the Academy from identifying
other agents, hazards, or medicines or vaccines to which members of the
Armed
Forces may have been exposed for purposes of any report under subsection
(i).
(3) <<NOTE: Reports.>> Not later than six months after the date of
enactment of this Act, the Academy shall submit to the designated
congressional committees a report specifying the agents, hazards, and
medicines and vaccines considered under paragraph (1).
(e) Determinations of Associations Between Agents and Illnesses.--
(1) For each agent, hazard, or medicine or vaccine
[[Page 112 STAT. 2681-747]]
and illness identified under subsection (c), the National Academy of
Sciences shall determine, to the extent that available scientific data
permit meaningful determinations--
(A) whether a statistical association exists between
exposure to the agent, hazard, or medicine or vaccine and the
illness, taking into account the strength of the scientific
evidence and the appropriateness of the scientific methodology
used to detect the association;
(B) the increased risk of the illness among human or animal
populations exposed to the agent, hazard, or medicine or
vaccine; and
(C) whether a plausible biological mechanism or other
evidence of a causal relationship exists between exposure to the
agent, hazard, or medicine or vaccine and the illness.
(2) The Academy shall include in its reports under subsection (i) a
full discussion of the scientific evidence and reasoning that led to its
conclusions under this subsection.
(f) Review of Potential Treatment Models for Certain Illnesses.--
Under the agreement under subsection (b), the National Academy of
Sciences shall separately review, for each chronic undiagnosed illness
identified under subsection (c)(1)(B) and for any other chronic illness
that the Academy determines to warrant such review, the available
scientific data in order to identify empirically valid models of
treatment for such illnesses which employ successful treatment
modalities for populations with similar symptoms.
(g) Recommendations for Additional Scientific Studies.--(1) Under
the agreement under subsection (b), the National Academy of Sciences
shall make any recommendations that it considers appropriate for
additional scientific studies (including studies relating to treatment
models) to resolve areas of continuing scientific uncertainty relating
to the health consequences of exposure to toxic agents, environmental or
wartime hazards, or preventive medicines or vaccines associated with
Gulf War service.
(2) In making recommendations for additional studies, the Academy
shall consider the available scientific data, the value and relevance of
the information that could result from such studies, and the cost and
feasibility of carrying out such studies.
(h) Subsequent Reviews.--(1) Under the agreement under subsection
(b), the National Academy of Sciences shall conduct on a periodic and
ongoing basis additional reviews of the evidence and data relating to
its activities under this section.
(2) As part of each review under this subsection, the Academy
shall--
(A) conduct as comprehensive a review as is practicable of
the evidence referred to in subsection (c) and the data referred
to in subsections (e), (f), and (g) that became available since
the last review of such evidence and data under this section;
and
(B) make determinations under the subsections referred to in
subparagraph (A) on the basis of the results of such review and
all other reviews previously conducted for purposes of this
section.
(i) Reports.--(1) Under the agreement under subsection (b), the
National Academy of Sciences shall submit to the committees and
officials referred to in paragraph (5) periodic written reports
regarding the Academy's activities under the agreement.
[[Page 112 STAT. 2681-748]]
(2) The first report under paragraph (1) shall be submitted not
later than 18 months after the date of enactment of this Act. That
report shall include--
(A) the determinations and discussion referred to in
subsection (e);
(B) the results of the review of models of treatment under
subsection (f); and
(C) any recommendations of the Academy under subsection (g).
(3) Reports shall be submitted under this subsection at least once
every two years, as measured from the date of the report under paragraph
(2).
(4) In any report under this subsection (other than the report under
paragraph (2)), the Academy may specify an absence of meaningful
developments in the scientific or medical community with respect to the
activities of the Academy under this section during the 2-year period
ending on the date of such report.
(5) Reports under this subsection shall be submitted to the
following:
(A) The designated congressional committees.
(B) The Secretary of Veterans Affairs.
(C) The Secretary of Defense.
(j) Sunset.--This section shall cease to be effective 10 years
after the last day of the fiscal year in which the National Academy of
Sciences submits the first report under subsection (i).
(k) Alternative Contract Scientific Organization.--(1) If the
Secretary is unable within the time period set forth in subsection (b)
to enter into an agreement with the National Academy of Sciences for the
purposes of this section on terms acceptable to the Secretary, the
Secretary shall seek to enter into an agreement for purposes of this
section with another appropriate scientific organization that is not
part of the Government, operates as a not-for-profit entity, and has
expertise and objectivity comparable to that of the National Academy of
Sciences.
(2) If the Secretary enters into an agreement with another
organization under this subsection, any reference in this section and
section 1118 of title 38, United States Code (as added by section
1602(a)), to the National Academy of Sciences shall be treated as a
reference to such other organization.
SEC. 1604. <<NOTE: 38 USC 1117 note.>> REPEAL OF INCONSISTENT PROVISIONS
OF LAW.
In the event of the enactment, before, on, or after the date of
the enactment of this Act, of section 101 of the Veterans Programs
Enhancement Act of 1998, or any similar provision of law enacted during
the second session of the 105th Congress requiring an agreement with the
National Academy of Sciences regarding an evaluation of health
consequences of service in Southwest Asia during the Persian Gulf War,
such section 101 (or other provision of law) shall be treated as if
never enacted, and shall have no force or effect.
SEC. 1605. <<NOTE: 38 USC 1117 note.>> DEFINITIONS.
In this title:
(1) The term ``toxic agent, environmental or wartime hazard,
or preventive medicine or vaccine associated with Gulf War
service'' means a biological, chemical, or other toxic agent,
environmental or wartime hazard, or preventive medicine or
vaccine that is known or presumed to be associated with service
[[Page 112 STAT. 2681-749]]
in the Armed Forces in the Southwest Asia theater of operations
during the Persian Gulf War, whether such association arises as
a result of single, repeated, or sustained exposure and whether
such association arises through exposure singularly or in
combination.
(2) The term ``designated congressional committees'' means
the following:
(A) The Committees on Veterans' Affairs and Armed
Services of the Senate.
(B) The Committees on Veterans' Affairs and National
Security of the House of Representatives.
(3) The term ``Persian Gulf War'' has the meaning given that
term in section 101(33) of title 38, United States Code.
TITLE <<NOTE: Government Paperwork Elimination Act. 44 USC 3504
note.>> XVII--GOVERNMENT PAPERWORK ELIMINATION ACT
SEC. 1701. SHORT TITLE.
This title may be cited as the ``Government Paperwork Elimination
Act''.
SEC. 1702. AUTHORITY OF OMB TO PROVIDE FOR ACQUISITION AND USE OF
ALTERNATIVE INFORMATION TECHNOLOGIES BY EXECUTIVE AGENCIES.
Section 3504(a)(1)(B)(vi) of title 44, United States Code, is
amended to read as follows:
``(vi) the acquisition and use of information
technology, including 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.''.
SEC. 1703. PROCEDURES FOR USE AND ACCEPTANCE OF ELECTRONIC SIGNATURES BY
EXECUTIVE AGENCIES.
(a) In General.--In order to fulfill the responsibility to
administer the functions assigned under chapter 35 of title 44, United
States Code, the provisions of the Clinger-Cohen Act of 1996 (divisions
D and E of Public Law 104-106) and the amendments made by that Act, and
the provisions of this title, the Director of the Office of Management
and Budget shall, in consultation with the National Telecommunications
and Information Administration and not later than 18 months after the
date of enactment of this Act, develop procedures for the use and
acceptance of electronic signatures by Executive agencies.
(b) Requirements for Procedures.--(1) The procedures developed
under subsection (a)--
(A) shall be compatible with standards and technology for
electronic signatures that are generally used in commerce and
industry and by State governments;
(B) may not inappropriately favor one industry or
technology;
(C) shall ensure that electronic signatures are as reliable
as is appropriate for the purpose in question and keep intact
the information submitted;
(D) shall provide for the electronic acknowledgment of
electronic forms that are successfully submitted; and
(E) shall, to the extent feasible and appropriate, require
an Executive agency that anticipates receipt by electronic
[[Page 112 STAT. 2681-750]]
means of 50,000 or more submittals of a particular form to take
all steps necessary to ensure that multiple methods of
electronic signatures are available for the submittal of such
form.
(2) The Director shall ensure the compatibility of the procedures
under paragraph (1)(A) in consultation with appropriate private bodies
and State government entities that set standards for the use and
acceptance of electronic signatures.
SEC. 1704. DEADLINE FOR IMPLEMENTATION BY EXECUTIVE AGENCIES OF
PROCEDURES FOR USE AND ACCEPTANCE OF ELECTRONIC SIGNATURES.
In order to fulfill the responsibility to administer the functions
assigned under chapter 35 of title 44, United States Code, the
provisions of the Clinger-Cohen Act of 1996 (divisions D and E of Public
Law 104-106) and the amendments made by that Act, and the provisions of
this title, the Director of the Office of Management and Budget shall
ensure that, commencing not later than five years after the date of
enactment of this Act, Executive agencies provide--
(1) for the option of the electronic maintenance,
submission, or disclosure of information, when practicable as a
substitute for paper; and
(2) for the use and acceptance of electronic signatures,
when practicable.
SEC. 1705. ELECTRONIC STORAGE AND FILING OF EMPLOYMENT FORMS.
In order to fulfill the responsibility to administer the functions
assigned under chapter 35 of title 44, United States Code, the
provisions of the Clinger-Cohen Act of 1996 (divisions D and E of Public
Law 104-106) and the amendments made by that Act, and the provisions of
this title, the Director of the Office of Management and Budget shall,
not later than 18 months after the date of enactment of this Act,
develop procedures to permit private employers to store and file
electronically with Executive agencies forms containing information
pertaining to the employees of such employers.
SEC. 1706. STUDY ON USE OF ELECTRONIC SIGNATURES.
(a) Ongoing Study Required.--In order to fulfill the responsibility
to administer the functions assigned under chapter 35 of title 44,
United States Code, the provisions of the Clinger-Cohen Act of 1996
(divisions D and E of Public Law 104-106) and the amendments made by
that Act, and the provisions of this title, the Director of the Office
of Management and Budget shall, in cooperation with the National
Telecommunications and Information Administration, conduct an ongoing
study of the use of electronic signatures under this title on--
(1) paperwork reduction and electronic commerce;
(2) individual privacy; and
(3) the security and authenticity of transactions.
(b) Reports.--The Director shall submit to Congress on a periodic
basis a report describing the results of the study carried out under
subsection (a).
[[Page 112 STAT. 2681-751]]
SEC. 1707. ENFORCEABILITY AND LEGAL EFFECT OF ELECTRONIC RECORDS.
Electronic records submitted or maintained in accordance with
procedures developed under this title, or electronic signatures or other
forms of electronic authentication used in accordance with such
procedures, shall not be denied legal effect, validity, or
enforceability because such records are in electronic form.
SEC. 1708. DISCLOSURE OF INFORMATION.
Except as provided by law, information collected in the provision of
electronic signature services for communications with an executive
agency, as provided by this title, shall only be used or disclosed by
persons who obtain, collect, or maintain such information as a business
or government practice, for the purpose of facilitating such
communications, or with the prior affirmative consent of the person
about whom the information pertains.
SEC. 1709. APPLICATION WITH INTERNAL REVENUE LAWS.
No provision of this title shall apply to the Department of the
Treasury or the Internal Revenue Service to the extent that such
provision--
(1) involves the administration of the internal revenue
laws; or
(2) conflicts with any provision of the Internal Revenue
Service Restructuring and Reform Act of 1998 or the Internal
Revenue Code of 1986.
SEC. 1710. DEFINITIONS.
For purposes of this title:
(1) Electronic signature.--The term ``electronic signature''
means a method of signing an electronic message that--
(A) identifies and authenticates a particular person
as the source of the electronic message; and
(B) indicates such person's approval of the
information contained in the electronic message.
(2) Executive agency.--The term ``Executive agency'' has the
meaning given that term in section 105 of title 5, United States
Code.
DIVISION <<NOTE: Drug Demand Reduction Act. 21 USC 1801 note.>> D--DRUG
DEMAND REDUCTION ACT
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the ``Drug Demand
Reduction Act''.
(b) Table of Contents.--The table of contents for this division is
as follows:
Sec. 1. Short title; table of contents.
TITLE I--TARGETED SUBSTANCE ABUSE PREVENTION AND TREATMENT PROGRAMS
Subtitle A--National Youth Anti-Drug Media Campaign
Sec. 101. Short title.
Sec. 102. Requirement <<NOTE: 21 USC 1801.>> to conduct national media
campaign.
Sec. 103. Use of funds.
Sec. 104. Reports to Congress.
Sec. 105. Authorization of appropriations.
Subtitle B--Drug-Free Prisons and Jails
Sec. 111. Short title.
[[Page 112 STAT. 2681-752]]
Sec. 112. Purpose.
Sec. 113. Program authorization.
Sec. 114. Grant application.
Sec. 115. Uses of funds.
Sec. 116. Evaluation and recommendation report to Congress.
Sec. 117. Definitions.
Sec. 118. Authorization of appropriations.
Subtitle C--Drug-Free Schools Quality Assurance
Sec. 121. Short title.
Sec. 122. Amendment to Safe and Drug-Free Schools and Communities Act.
TITLE II--STATEMENT OF NATIONAL ANTIDRUG POLICY
Subtitle A--Congressional Leadership in Community Coalitions
Sec. 201. Sense of Congress.
Subtitle B--Rejection of Legalization of Drugs
Sec. 211. Sense of Congress.
Subtitle C--Report on Streamlining Federal Prevention and Treatment
Efforts
Sec. 221. Report on streamlining Federal prevention and treatment
efforts.
TITLE <<NOTE: Drug-Free Media Campaign Act of 1998.>> I--TARGETED
SUBSTANCE ABUSE PREVENTION AND TREATMENT PROGRAMS
Subtitle A--National Youth Anti-Drug Media Campaign
SEC. 101. <<NOTE: 21 USC 1801 note.>> SHORT TITLE.
This subtitle may be cited as the ``Drug-Free Media Campaign Act of
1998''.
SEC. 102. <<NOTE: 21 USC 1801.>> REQUIREMENT TO CONDUCT NATIONAL MEDIA
CAMPAIGN.
(a) In General.--The Director of the Office of National Drug Control
Policy (in this subtitle referred to as the ``Director'') shall conduct
a national media campaign in accordance with this subtitle for the
purpose of reducing and preventing drug abuse among young people in the
United States.
(b) Local Target Requirement.--The Director shall, to the maximum
extent feasible, use amounts made available to carry out this subtitle
under section 105 for media that focuses on, or includes specific
information on, prevention or treatment resources for consumers within
specific local areas.
SEC. 103. <<NOTE: 21 USC 1802.>> USE OF FUNDS.
(a) Authorized Uses.--
(1) In general.--Amounts made available to carry out this
subtitle for the support of the national media campaign may only
be used for--
(A) the purchase of media time and space;
(B) talent reuse payments;
(C) out-of-pocket advertising production costs;
(D) testing and evaluation of advertising;
(E) evaluation of the effectiveness of the media
campaign;
(F) the negotiated fees for the winning bidder on
request for proposals issued by the Office of National
Drug Control Policy;
(G) partnerships with community, civic, and
professional groups, and government organizations
related to the media campaign; and
[[Page 112 STAT. 2681-753]]
(H) entertainment industry collaborations to fashion
antidrug messages in motion pictures, television
programing, popular music, interactive (Internet and
new) media projects and activities, public information,
news media outreach, and corporate sponsorship and
participation.
(2) Advertising.--In carrying out this subtitle, the
Director shall devote sufficient funds to the advertising
portion of the national media campaign to meet the stated reach
and frequency goals of the campaign.
(b) Prohibitions.--None of the amounts made available under section
105 may be obligated or expended--
(1) to supplant current antidrug community based coalitions;
(2) to supplant current pro bono public service time donated
by national and local broadcasting networks;
(3) for partisan political purposes; or
(4) to fund media campaigns that feature any elected
officials, persons seeking elected office, cabinet level
officials, or other Federal officials employed pursuant to
section 213 of Schedule C of title 5, Code of Federal
Regulations, unless the Director provides advance notice to the
Committees on Appropriations of the House of Representatives and
the Senate, the Committee on Government Reform and Oversight of
the House of Representatives and the Committee on the Judiciary
of the Senate.
(c) Matching Requirement.--Amounts made available under section 105
should be matched by an equal amount of non-Federal funds for the
national media campaign, or be matched with in-kind contributions to the
campaign of the same value.
SEC. 104. <<NOTE: 21 USC 1803.>> REPORTS TO CONGRESS.
The Director shall--
(1) submit to Congress on an annual basis a report on the
activities for which amounts made available under section 105
have been obligated during the preceding year, including
information for each quarter of such year, and on the specific
parameters of the national media campaign; and
(2) not later than 1 year after the date of enactment of
this Act, submit to Congress a report on the effectiveness of
the national media campaign based on measurable outcomes
provided to Congress previously.
SEC. 105. <<NOTE: 21 USC 1804.>> AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Office of National
Drug Control Policy to carry out this subtitle $195,000,000 for each of
fiscal years 1999 through 2002.
Subtitle <<NOTE: Drug-Free Prisons and Jails Act of 1998. 42 USC 3751
note.>> B--Drug-Free Prisons and Jails
SEC. 111. SHORT TITLE.
This subtitle may be cited as the ``Drug-Free Prisons and Jails Act
of 1998''.
SEC. 112. PURPOSE.
The purpose of this subtitle is to provide for the establishment of
model programs for comprehensive treatment of substance-involved
offenders in the criminal justice system to reduce drug abuse and drug-
related crime, and reduce the costs of the criminal
[[Page 112 STAT. 2681-754]]
justice system, that can be successfully replicated by States and local
units of government through a comprehensive evaluation.
SEC. 113. PROGRAM AUTHORIZATION.
(a) Establishment.--The Director of the Bureau of Justice Assistance
shall establish a model substance abuse treatment program for substance-
involved offenders by--
(1) providing financial assistance to grant recipients
selected in accordance with section 114(b); and
(2) evaluating the success of programs conducted pursuant to
this subtitle.
(b) Grant Awards.--The Director may award not more than 5 grants to
units of local government and not more than 5 grants to States.
(c) Administrative Costs.--Not more than 5 percent of a grant award
made pursuant to this subtitle may be used for administrative costs.
SEC. 114. GRANT APPLICATION.
(a) Contents.--An application submitted by a unit of local
government or a State for a grant award under this subtitle shall
include each of the following:
(1) Strategy.--A strategy to coordinate programs and
services for substance-involved offenders provided by the unit
of local government or the State, as the case may be, developed
in consultation with representatives from all components of the
criminal justice system within the jurisdiction, including
judges, law enforcement personnel, prosecutors, corrections
personnel, probation personnel, parole personnel, substance
abuse treatment personnel, and substance abuse prevention
personnel.
(2) Certification.--A certification that--
(A) Federal funds made available under this subtitle
will not be used to supplant State or local funds, but
will be used to increase the amounts of such funds that
would, in the absence of Federal funds, be made
available for law enforcement activities; and
(B) the programs developed pursuant to this subtitle
meet all requirements of this subtitle.
(b) Review and Approval.--Subject to section 113(b), the Director
shall approve applications and make grant awards to units of local
governments and States that show the most promise for accomplishing the
purposes of this subtitle consistent with the provisions of section 115.
SEC. 115. USES OF FUNDS.
A unit of local government or State that receives a grant award
under this subtitle shall use such funds to provide comprehensive
treatment programs to inmates in prisons or jails, including not less
than 3 of the following:
(1) Tailored treatment programs to meet the special needs of
different types of substance-involved offenders.
(2) Random and frequent drug testing, including a system of
sanctions.
(3) Training and assistance for corrections officers and
personnel to assist substance-involved offenders in correctional
facilities.
[[Page 112 STAT. 2681-755]]
(4) Clinical assessment of incoming substance-involved
offenders.
(5) Availability of religious and spiritual activity and
counseling to provide an environment that encourages recovery
from substance involvement in correctional facilities.
(6) Education and vocational training.
(7) A substance-free correctional facility policy.
SEC. 116. EVALUATION AND RECOMMENDATION REPORT TO CONGRESS.
(a) Evaluation.--
<<NOTE: Contracts.>> (1) In general.--The Director shall
enter into a contract, with an evaluating agency that has
demonstrated experience in the evaluation of substance abuse
treatment, to conduct an evaluation that incorporates the
criteria described in paragraph (2).
(2) Evaluation criteria.--The Director, in consultation with
the Directors of the appropriate National Institutes of Health,
shall establish minimum criteria for evaluating each program.
Such criteria shall include--
(A) reducing substance abuse among participants;
(B) reducing recidivism among participants;
(C) cost effectiveness of providing services to
participants; and
(D) a data collection system that will produce data
comparable to that used by the Office of Applied Studies
of the Substance Abuse and Mental Health Services
Administration and the Bureau of Justice Statistics of
the Office of Justice Programs.
(b) Report.--The Director shall submit to the appropriate
committees, at the same time as the President's budget for fiscal year
2001 is submitted, a report that--
(1) describes the activities funded by grant awards under
this subtitle;
(2) includes the evaluation submitted pursuant to subsection
(a); and
(3) makes recommendations regarding revisions to the
authorization of the program, including extension, expansion,
application requirements, reduction, and termination.
SEC. 117. DEFINITIONS.
In this subtitle:
(1) Appropriate committees.--The term ``appropriate
committees'' means the Committees on the Judiciary and the
Committees on Appropriations of the House of Representatives and
the Senate.
(2) Director.--The term ``Director'' means the Director of
the Bureau of Justice Assistance.
(3) Substance-involved offender.--The term ``substance-
involved offender'' means an individual under the supervision of
a State or local criminal justice system, awaiting trial or
serving a sentence imposed by the criminal justice system, who--
(A) violated or has been arrested for violating a
drug or alcohol law;
(B) was under the influence of alcohol or an illegal
drug at the time the crime was committed;
(C) stole property to buy illegal drugs; or
[[Page 112 STAT. 2681-756]]
(D) has a history of substance abuse and addiction.
(4) Unit of local government.--The term ``unit of local
government'' means any city, county, township, town, borough,
parish, village, or other general purpose political subdivision
of a State, an Indian tribe which performs law enforcement
functions as determined by the Secretary of the Interior and any
agency of the District of Columbia government or the United
States Government performing law enforcement functions in and
for the District of Columbia, and the Trust Territory of the
Pacific Islands.
SEC. 118. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this subtitle from the Violent Crime Reduction Trust Fund as
authorized by title 31 of the Violent Crime and Control and Law
Enforcement Act of 1994 (42 U.S.C. 14211)--
(1) for fiscal year 1999, $30,000,000; and
(2) for fiscal year 2000, $20,000,000.
(b) Reservation.--The Director may reserve each fiscal year not more
than 20 percent of the funds appropriated pursuant to subsection (a) for
activities required under section 116.
Subtitle <<NOTE: Drug-Free Schools Quality Assurance Act. 20 USC 6301
note.>> C--Drug-Free Schools Quality Assurance
SEC. 121. SHORT TITLE.
This subtitle may be cited as the ``Drug-Free Schools Quality
Assurance Act''.
SEC. 122. AMENDMENT TO SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES ACT.
Subpart 3 of title IV of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7141 et seq.) is amended by adding at the end the
following:
``SEC. 4134. <<NOTE: 20 USC 7144.>> QUALITY RATING.
``(a) In General.--The chief executive officer of each State, or in
the case of a State in which the constitution or law of such State
designates another individual, entity, or agency in the State to be
responsible for education activities, such individual, entity, or
agency, is authorized and encouraged--
``(1) to establish a standard of quality for drug, alcohol,
and tobacco prevention programs implemented in public elementary
schools and secondary schools in the State in accordance with
subsection (b); and
``(2) to identify and designate, upon application by a
public elementary school or secondary school, any such school
that achieves such standard as a quality program school.
``(b) Criteria.--The standard referred to in subsection (a) shall
address, at a minimum--
``(1) a comparison of the rate of illegal use of drugs,
alcohol, and tobacco by students enrolled in the school for a
period of time to be determined by the chief executive officer
of the State;
``(2) the rate of suspensions or expulsions of students
enrolled in the school for drug, alcohol, or tobacco-related
offenses;
``(3) the effectiveness of the drug, alcohol, or tobacco
prevention program as proven by research;
[[Page 112 STAT. 2681-757]]
``(4) the involvement of parents and community members in
the design of the drug, alcohol, and tobacco prevention program;
and
``(5) the extent of review of existing community drug,
alcohol, and tobacco prevention programs before implementation
of the public school program.
``(c) Request for Quality Program School Designation.--A school that
wishes to receive a quality program school designation shall submit a
request and documentation of compliance with this section to the chief
executive officer of the State or the individual, entity, or agency
described in subsection (a), as the case may be.
``(d) Public Notification.--Not less than once a year, the chief
executive officer of each State or the individual, entity, or agency
described in subsection (a), as the case may be, shall make available to
the public a list of the names of each public school in the State that
has received a quality program school designation in accordance with
this section.''.
TITLE II--STATEMENT OF NATIONAL ANTIDRUG POLICY
Subtitle A--Congressional Leadership in Community Coalitions
SEC. 201. SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) Illegal drug use is dangerous to the physical well-being
of the Nation's youth.
(2) Illegal drug use can destroy the lives of the Nation's
youth by diminishing their sense of morality and with it
everything in life that is important and worthwhile.
(3) According to recently released national surveys, drug
use among the Nation's youth remains at alarmingly high levels.
(4) National leadership is critical to conveying to the
Nation's youth the message that drug use is dangerous and wrong.
(5) National leadership can help mobilize every sector of
the community to support the implementation of comprehensive,
sustainable, and effective programs to reduce drug abuse.
(6) As of September 1, 1998, 76 Members of the House of
Representatives were establishing community-based antidrug
coalitions in their congressional districts or were actively
supporting such coalitions that already existed.
(7) The individual Members of the House of Representatives
can best help their constituents prevent drug use among the
Nation's youth by establishing community-based antidrug
coalitions in their congressional districts or by actively
supporting such coalitions that already exist.
(b) Sense of Congress.--It is the sense of Congress that the
individual Members of the House of Representatives, including the
Delegates and the Resident Commissioner, should establish community-
based antidrug coalitions in their congressional districts or should
actively support any such coalitions that have been established.
[[Page 112 STAT. 2681-758]]
Subtitle B--Rejection of Legalization of Drugs
SEC. 211. SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) Illegal drug use is harmful and wrong.
(2) Illegal drug use can kill the individuals involved or
cause the individuals to hurt or kill others, and such use
strips the individuals of their moral sense.
(3) The greatest threat presented by such use is to the
youth of the United States, who are illegally using drugs in
increasingly greater numbers.
(4) The people of the United States are more concerned about
illegal drug use and crimes associated with such use than with
any other current social problem.
(5) Efforts to legalize or otherwise legitimize drug use
present a message to the youth of the United States that drug
use is acceptable.
(6) Article VI, clause 2 of the Constitution of the United
States states that ``[t]his Constitution, and the laws of the
United States which shall be made in pursuance thereof; and all
treaties made, or which shall be made, under the authority of
the United States, shall be the supreme law of the land; and
judges in every state shall be bound thereby, any thing in the
Constitution or laws of any state to the contrary
notwithstanding.''.
(7) The courts of the United States have repeatedly found
that any State law that conflicts with a Federal law or treaty
is preempted by such law or treaty.
(8) The Controlled Substances Act (21 U.S.C. 801 et seq.)
strictly regulates the use and possession of drugs.
(9) The United Nations Convention Against Illicit Traffic in
Narcotic Drugs and Psychotrophic Substances Treaty similarly
regulates the use and possession of drugs.
(10) Any attempt to authorize under State law an activity
prohibited under such Treaty or the Controlled Substances Act
would conflict with that Treaty or Act.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the several States, and the citizens of such States,
should reject the legalization of drugs
through legislation, ballot proposition, constitutional amendment, or
any other means; and
(2) each State should make efforts to be a drug-free State.
Subtitle C--Report on Streamlining Federal Prevention and Treatment
Efforts
SEC. 221. REPORT ON STREAMLINING FEDERAL <<NOTE: 21 USC 1703
note.>> PREVENTION AND TREATMENT EFFORTS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the efforts of the Federal Government 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.
(b) Report Requirement.--
[[Page 112 STAT. 2681-759]]
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Director of the Office of National
Drug Control Policy shall prepare and submit to the appropriate
committees a report evaluating options for increasing the
efficacy of drug prevention and treatment programs and
activities by the Federal Government. Such option shall include
the merits of a consolidation of programs into a single agency,
transferring programs from 1 agency to another, and improving
coordinating mechanisms and authorities. The report shall also
include a thorough review of the activities and potential
consolidation of existing Federal drug information
clearinghouses.
(2) Recommendation and explanatory statement.--The study
submitted under paragraph (1) shall identify options that are
determined by the Director to have merit, and an explanation
which options should be implemented.
(3) Authorization of appropriations.--There is authorized to
be appropriated to the Office of National Drug Control Policy to
carry out this subsection $1,000,000 for contracting, policy
research, and related costs.
(c) Appropriate Committees Defined.--In this section, the term
``appropriate committees'' means the Committee on Appropriations, the
Committee on Commerce, and the Committee on Education and the Workforce
of the House of Representatives, and the Committee on Appropriations,
and Committee on Labor and Human Resources of the Senate.
DIVISION <<NOTE: Methampheta- mine Trafficking Penalty Enhancement Act
of 1998. 21 USC 801 note.>> E--METHAMPHETAMINE TRAFFICKING PENALTY
ENHANCEMENT ACT OF 1998
SECTION 1. SHORT TITLE.
This division may be cited as the ``Methamphetamine Trafficking
Penalty Enhancement Act of 1998''.
SEC. 2. METHAMPHETAMINE PENALTY INCREASES.
(a) Controlled Substances Act.--Section 401(b)(1) of the Controlled
Substances Act (21 U.S.C. 841(b)(1)) is amended--
(1) in subparagraph (A)(viii)--
(A) by striking ``100 grams'' and inserting ``50
grams''; and
(B) by striking ``1 kilogram'' and inserting ``500
grams''; and
(2) in subparagraph (B)(viii)--
(A) by striking ``10 grams'' and inserting ``5
grams''; and
(B) by striking ``100 grams'' and inserting ``50
grams''.
(b) Controlled Substances Import and Export Act.--Section 1010(b) of
the Controlled Substances Import and Export Act (21 U.S.C. 960(b)) is
amended--
(1) in paragraph (1)(H)--
(A) by striking ``100 grams'' and inserting ``50
grams''; and
(B) by striking ``1 kilogram'' and inserting ``500
grams''; and
(2) in paragraph (2)(H)--
(A) by striking ``10 grams'' and inserting ``5
grams''; and
(B) by striking ``100 grams'' and inserting ``50
grams''.
[[Page 112 STAT. 2681-760]]
SEC. 3. ADDITIONAL REQUIREMENTS FOR THE USE OF FUNDS UNDER THE VIOLENT
OFFENDER INCARCERATION AND TRUTH-IN-SENTENCING GRANTS
PROGRAM.
Section 20105(b) of the Violent Crime Control and Law Enforcement
Act of 1994 <<NOTE: 42 USC 13705.>> is amended to read as follows:
``(b) Additional Requirements.--
``(1) Eligibility for grant.--To be eligible to receive a
grant under section 20103 or section 20104, a State shall--
``(A) provide assurances to the Attorney General
that the State has implemented or will implement not
later than 18 months after the date of the enactment of
this subtitle, policies that provide for the recognition
of the rights of crime victims; and
``(B) subject to the limitation of paragraph (2), no
later than September 1, 2000, consider 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.
``(2) Use of funds.--Beginning in fiscal year 1999, not more
than 10 percent of the funds provided under section 20103 or
section 20104 of this subtitle may be applied to the cost of
offender drug testing and intervention programs during periods
of incarceration and post-incarceration criminal justice
supervision, consistent with guidelines issued by the Attorney
General. Further, such funds may be used by the States to pay
the costs of providing to the Attorney General a baseline study
on their prison drug abuse problem. Such studies shall be
consistent with guidelines issued by the Attorney General.''.
DIVISION F--NOT LEGALIZING MARIJUANA FOR MEDICINAL USE
It is the sense of the Congress that--
(1) certain drugs are listed on Schedule I of the Controlled
Substances Act if they have a high potential for abuse, lack any
currently accepted medical use in treatment, and are unsafe,
even under medical supervision;
(2) the consequences of illegal use of Schedule I drugs are
well documented, particularly with regard to physical health,
highway safety, and criminal activity;
(3) pursuant to section 401 of the Controlled Substances Act,
it is illegal to manufacture, distribute, or dispense marijuana,
heroin, LSD, and more than 100 other Schedule I drugs;
(4) pursuant to section 505 of the Federal Food, Drug and
Cosmetic Act, before any drug can be approved as a medication in
the United States, it must meet extensive scientific and medical
standards established by the Food and Drug Administration to
ensure it is safe and effective;
(5) marijuana and other Schedule I drugs have not been
approved by the Food and Drug Administration to treat any
disease or condition;
(6) the Federal Food, Drug and Cosmetic Act already prohibits
the sale of any unapproved drug, including marijuana, that
[[Page 112 STAT. 2681-761]]
has not been proven safe and effective for medical purposes and
grants the Food and Drug Administration the authority to enforce
this prohibition through seizure and other civil action, as well
as through criminal penalties;
(7) marijuana use by children in grades 8 through 12 declined
steadily from 1980 to 1992, but, from 1992 to 1996, has
dramatically increased by 253 percent among 8th graders, 151
percent among 10th graders, and 84 percent among 12th graders,
and the average age of first-time use of marijuana is now
younger than it has ever been;
(8) according to the 1997 survey by the Center on Addiction
and Substance Abuse at Columbia University, 500,000 8th graders
began using marijuana in the 6th and 7th grades;
(9) according to that same 1997 survey, youths between the
ages of 12 and 17 who use marijuana are 85 times more likely to
use cocaine than those who abstain from marijuana, and 60
percent of adolescents who use marijuana before the age of 15
will later use cocaine; and
(10) the rate of illegal drug use among youth is linked to
their perceptions of the health and safety risks of those drugs,
and the ambiguous cultural messages about marijuana use are
contributing to a growing acceptance of marijuana use among
children and teenagers;
(11) Congress continues to support the existing Federal legal
process for determining the safety and efficacy of drugs and
opposes efforts to circumvent this process by legalizing
marijuana, and other Schedule I drugs, for medicinal use without
valid scientific evidence and the approval of the Food and Drug
Administration; and
(12) not later than 90 days after the date of the enactment of
this Act--
(A) <<NOTE: Reports.>> the Attorney General shall
submit to the Committees on the Judiciary of the House
of Representatives and the Senate a report on--
(i) the total quantity of marijuana eradicated
in the United States during the period from 1992
through 1997; and
(ii) the annual number of arrests and
prosecutions for Federal marijuana offenses during
the period described in clause (i); and
(B) <<NOTE: Reports.>> the Commissioner of Foods and
Drugs shall submit to the Committee on Commerce of the
House of Representatives and the Committee on Labor and
Human Resources of the Senate a report on the specific
efforts underway to enforce sections 304 and 505 of the
Federal Food, Drug and Cosmetic Act with respect to
marijuana and other Schedule I drugs.
DIVISION <<NOTE: Foreign Affairs Reform and Restructuring Act of
1998. 22 USC 6501 note.>> G--FOREIGN AFFAIRS REFORM AND RESTRUCTURING
ACT OF 1998
SEC. 1001. SHORT TITLE.
This division may be cited as the ``Foreign Affairs Reform and
Restructuring Act of 1998''.
[[Page 112 STAT. 2681-762]]
SEC. 1002. ORGANIZATION OF DIVISION INTO SUBDIVISIONS; TABLE OF
CONTENTS.
(a) Divisions.--This division is organized into three subdivisions
as follows:
(1) Subdivision a.--Foreign Affairs Agencies Consolidation Act
of 1998.
(2) Subdivision b.--Foreign Relations Authorization Act,
Fiscal Years 1998 and 1999.
(3) Subdivision c.--United Nations Reform Act of 1998.
(b) Table of Contents.--The table of contents for this division is
as follows:
DIVISION --FOREIGN AFFAIRS REFORM AND RESTRUCTURING ACT OF 1998
Sec. 1001. Short title.
Sec. 1002. Organization of division into subdivisions; table of
contents.
Subdivision A--Consolidation of Foreign Affairs Agencies
TITLE XI--GENERAL PROVISIONS
Sec. 1101. Short title.
Sec. 1102. Purposes.
Sec. 1103. Definitions.
Sec. 1104. Report on budgetary cost savings resulting from
reorganization.
TITLE XII--UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY
Chapter 1--General Provisions
Sec. 1201. Effective date.
Chapter 2--Abolition and Transfer of Functions
Sec. 1211. Abolition of United States Arms Control and Disarmament
Agency.
Sec. 1212. Transfer of functions to Secretary of State.
Sec. 1213. Under Secretary for Arms Control and International Security.
Chapter 3--Conforming Amendments
Sec. 1221. References.
Sec. 1222. Repeals.
Sec. 1223. Amendments to the Arms Control and Disarmament Act.
Sec. 1224. Compensation of officers.
Sec. 1225. Additional conforming amendments.
TITLE XIII--UNITED STATES INFORMATION AGENCY
Chapter 1--General Provisions
Sec. 1301. Effective date.
Chapter 2--Abolition and Transfer of Functions
Sec. 1311. Abolition of United States Information Agency.
Sec. 1312. Transfer of functions.
Sec. 1313. Under Secretary of State for Public Diplomacy.
Sec. 1314. Abolition of Office of Inspector General of United States
Information Agency and transfer of functions.
Chapter 3--International Broadcasting
Sec. 1321. Congressional findings and declaration of purpose.
Sec. 1322. Continued existence of Broadcasting Board of Governors.
Sec. 1323. Conforming amendments to the United States International
Broadcasting Act of 1994.
Sec. 1324. Amendments to the Radio Broadcasting to Cuba Act.
Sec. 1325. Amendments to the Television Broadcasting to Cuba Act.
Sec. 1326. Transfer of broadcasting related funds, property, and
personnel.
Sec. 1327. Savings provisions.
Sec. 1328. Report on the privatization of RFE/RL, Incorporated.
Chapter 4--Conforming Amendments
Sec. 1331. References.
[[Page 112 STAT. 2681-763]]
Sec. 1332. Amendments to title 5, United States Code.
Sec. 1333. Application of certain laws.
Sec. 1334. Abolition of United States Advisory Commission on Public
Diplomacy.
Sec. 1335. Conforming amendments.
Sec. 1336. Repeals.
TITLE XIV--UNITED STATES INTERNATIONAL DEVELOPMENT COOPERATION AGENCY
Chapter 1--General Provisions
Sec. 1401. Effective date.
Chapter 2--Abolition and Transfer of Functions
Sec. 1411. Abolition of United States International Development
Cooperation Agency.
Sec. 1412. Transfer of functions and authorities.
Sec. 1413. Status of AID.
Chapter 3--Conforming Amendments
Sec. 1421. References.
Sec. 1422. Conforming amendments.
TITLE XV--AGENCY FOR INTERNATIONAL DEVELOPMENT
Chapter 1--General Provisions
Sec. 1501. Effective date.
Chapter 2--Reorganization and Transfer of Functions
Sec. 1511. Reorganization of Agency for International Development.
Chapter 3--Authorities of the Secretary of State
Sec. 1521. Definition of United States assistance.
Sec. 1522. Administrator of AID reporting to the Secretary of State.
Sec. 1523. Assistance programs coordination and oversight.
TITLE XVI--TRANSITION
Chapter 1--Reorganization Plan
Sec. 1601. Reorganization plan and report.
Chapter 2--Reorganization Authority
Sec. 1611. Reorganization authority.
Sec. 1612. Transfer and allocation of appropriations.
Sec. 1613. Transfer, appointment, and assignment of personnel.
Sec. 1614. Incidental transfers.
Sec. 1615. Savings provisions.
Sec. 1616. Authority of Secretary of State to facilitate transition.
Sec. 1617. Final report.
Subdivision B--Foreign Relations Authorization
TITLE XX--GENERAL PROVISIONS
Sec. 2001. Short title.
Sec. 2002. Definition of appropriate congressional committees.
TITLE XXI--AUTHORIZATION OF APPROPRIATIONS FOR DEPARTMENT OF STATE
Sec. 2101. Administration of foreign affairs.
Sec. 2102. International commissions.
Sec. 2103. Grants to The Asia Foundation.
Sec. 2104. Voluntary contributions to international organizations.
Sec. 2105. Voluntary contributions to peacekeeping operations.
Sec. 2106. Limitation on United States voluntary contributions to United
Nations Development Program.
TITLE XXII--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES
Chapter 1--Authorities and Activities
Sec. 2201. Reimbursement of Department of State for assistance to
overseas educational facilities.
[[Page 112 STAT. 2681-764]]
Sec. 2202. Revision of Department of State rewards program.
Sec. 2203. Retention of additional defense trade controls registration
fees.
Sec. 2204. Fees for commercial services.
Sec. 2205. Pilot program for foreign affairs reimbursement.
Sec. 2206. Fee for use of diplomatic reception rooms.
Sec. 2207. Budget presentation documents.
Sec. 2208. Office of the Inspector General.
Sec. 2209. Capital Investment Fund.
Sec. 2210. Contracting for local guards services overseas.
Sec. 2211. Authority of the Foreign Claims Settlement Commission.
Sec. 2212. Expenses relating to certain international claims and
proceedings.
Sec. 2213. Grants to remedy international abductions of children.
Sec. 2214. Counterdrug and anticrime activities of the Department of
State.
Sec. 2215. Annual report on overseas surplus properties.
Sec. 2216. Human rights reports.
Sec. 2217. Reports and policy concerning diplomatic immunity.
Sec. 2218. Reaffirming United States international telecommunications
policy.
Sec. 2219. Reduction of reporting.
Chapter 2--Consular Authorities of the Department of State
Sec. 2221. Use of certain passport processing fees for enhanced passport
services.
Sec. 2222. Consular officers.
Sec. 2223. Repeal of outdated consular receipt requirements.
Sec. 2224. Elimination of duplicate Federal Register publication for
travel advisories.
Sec. 2225. Denial of visas to confiscators of American property.
Sec. 2226. Inadmissibility of any alien supporting an international
child abductor.
Chapter 3--Refugees and Migration
subchapter a--authorization of appropriations
Sec. 2231. Migration and refugee assistance.
subchapter b--authorities
Sec. 2241. United States policy regarding the involuntary return of
refugees.
Sec. 2242. United States policy with respect to the involuntary return
of persons in danger of subjection to torture.
Sec. 2243. Reprogramming of migration and refugee assistance funds.
Sec. 2244. Eligibility for refugee status.
Sec. 2245. Reports to Congress concerning Cuban emigration policies.
TITLE XXIII--ORGANIZATION OF THE DEPARTMENT OF STATE; DEPARTMENT OF
STATE PERSONNEL; THE FOREIGN SERVICE
Chapter 1--Organization of the Department of State
Sec. 2301. Coordinator for Counterterrorism.
Sec. 2302. Elimination of Deputy Assistant Secretary of State for
Burdensharing.
Sec. 2303. Personnel management.
Sec. 2304. Diplomatic security.
Sec. 2305. Number of senior official positions authorized for the
Department of State.
Sec. 2306. Nomination of Under Secretaries and Assistant Secretaries of
State.
Chapter 2--Personnel of the Department of State; the Foreign Service
Sec. 2311. Foreign Service reform.
Sec. 2312. Retirement benefits for involuntary separation.
Sec. 2313. Authority of Secretary to separate convicted felons from the
Foreign Service.
Sec. 2314. Career counseling.
Sec. 2315. Limitations on management assignments.
Sec. 2316. Availability pay for certain criminal investigators within
the Diplomatic Security Service.
Sec. 2317. Nonovertime differential pay.
Sec. 2318. Report concerning minorities and the Foreign Service.
TITLE XXIV--UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL
PROGRAMS
Chapter 1--Authorization of Appropriations
Sec. 2401. International information activities and educational and
cultural exchange programs.
[[Page 112 STAT. 2681-765]]
Chapter 2--Authorities and Activities
Sec. 2411. Retention of interest.
Sec. 2412. Use of selected program fees.
Sec. 2413. Muskie Fellowship Program.
Sec. 2414. Working Group on United States Government-Sponsored
International Exchanges and Training.
Sec. 2415. Educational and cultural exchanges and scholarships for
Tibetans and Burmese.
Sec. 2416. Surrogate broadcasting study.
Sec. 2417. Radio broadcasting to Iran in the Farsi language.
Sec. 2418. Authority to administer summer travel and work programs.
Sec. 2419. Permanent administrative authorities regarding
appropriations.
Sec. 2420. Voice of America broadcasts.
TITLE XXV--INTERNATIONAL ORGANIZATIONS OTHER THAN UNITED NATIONS
Sec. 2501. International conferences and contingencies.
Sec. 2502. Restriction relating to United States accession to any new
international criminal tribunal.
Sec. 2503. United States membership in the Bureau of the
Interparliamentary Union.
Sec. 2504. Service in international organizations.
Sec. 2505. Reports regarding foreign travel.
TITLE XXVI--UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY
Sec. 2601. Authorization of appropriations.
Sec. 2602. Statutory construction.
TITLE XXVII--EUROPEAN SECURITY ACT OF 1998
Sec. 2701. Short title.
Sec. 2702. Statement of policy.
Sec. 2703. Authorities relating to NATO enlargement.
Sec. 2704. Sense of Congress with respect to the Treaty on Conventional
Armed Forces in Europe.
Sec. 2705. Restrictions and requirements relating to ballistic missile
defense.
TITLE XXVIII--OTHER FOREIGN POLICY PROVISIONS
Sec. 2801. Reports on claims by United States firms against the
Government of Saudi Arabia.
Sec. 2802. Reports on determinations under title IV of the Libertad Act.
Sec. 2803. Report on compliance with the Hague Convention on
International Child Abduction.
Sec. 2804. Sense of Congress relating to recognition of the Ecumenical
Patriarchate by the Government of Turkey.
Sec. 2805. Report on relations with Vietnam.
Sec. 2806. Reports and policy concerning human rights violations in
Laos.
Sec. 2807. Report on an alliance against narcotics trafficking in the
Western Hemisphere.
Sec. 2808. Congressional statement regarding the accession of Taiwan to
the World Trade Organization.
Sec. 2809. Programs or projects of the International Atomic Energy
Agency in Cuba.
Sec. 2810. Limitation on assistance to countries aiding Cuba nuclear
development.
Sec. 2811. International Fund for Ireland.
Sec. 2812. Support for democratic opposition in Iraq.
Sec. 2813. Development of democracy in the Republic of Serbia.
SUBDIVISION <<NOTE: Foreign Affairs Agencies Consolidation Act of
1998.>> A--CONSOLIDATION OF FOREIGN AFFAIRS AGENCIES
TITLE XI--GENERAL PROVISIONS
SEC. 1101. <<NOTE: 22 USC 6501 note.>> SHORT TITLE.
This subdivision may be cited as the ``Foreign Affairs Agencies
Consolidation Act of 1998''.
SEC. 1102. <<NOTE: 22 USC 6501.>> PURPOSES.
The purposes of this subdivision are--
[[Page 112 STAT. 2681-766]]
(1) to strengthen--
(A) the coordination of United States foreign
policy; and
(B) the leading role of the Secretary of State in
the formulation and articulation of United States
foreign policy;
(2) to consolidate and reinvigorate the foreign affairs
functions of the United States within the Department of State
by--
(A) abolishing the United States Arms Control and
Disarmament Agency, the United States Information
Agency, and the United States International Development
Cooperation Agency, and transferring the functions of
these agencies to the Department of State while
preserving the special missions and skills of these
agencies;
(B) transferring certain functions of the Agency for
International Development to the Department of State;
and
(C) providing for the reorganization of the
Department of State to maximize the efficient use of
resources, which may lead to budget savings, eliminated
redundancy in functions, and improvement in the
management of the Department of State;
(3) to ensure that programs critical to the promotion of
United States national interests be maintained;
(4) to assist congressional efforts to balance the Federal
budget and reduce the Federal debt;
(5) to ensure that the United States maintains effective
representation abroad within budgetary restraints; and
(6) to encourage United States foreign affairs agencies to
maintain a high percentage of the best qualified, most competent
United States citizens serving in the United States Government.
SEC. 1103. <<NOTE: 22 USC 6502.>> DEFINITIONS.
In this subdivision:
(1) ACDA.--The term ``ACDA'' means the United States Arms
Control and Disarmament Agency.
(2) AID.--The term ``AID'' means the United States Agency
for International Development.
(3) Agency; federal agency.--The term ``agency'' or
``Federal agency'' means an Executive agency as defined in
section 105 of title 5, United States Code.
(4) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
International Relations and the Committee on Appropriations of
the House of Representatives and the Committee on Foreign
Relations and the Committee on Appropriations of the Senate.
(5) Covered agency.--The term ``covered agency'' means any
of the following agencies: ACDA, USIA, IDCA, and AID.
(6) Department.--The term ``Department'' means the
Department of State.
(7) Function.--The term ``function'' means any duty,
obligation, power, authority, responsibility, right, privilege,
activity, or program.
(8) IDCA.--The term ``IDCA'' means the United States
International Development Cooperation Agency.
[[Page 112 STAT. 2681-767]]
(9) Office.--The term ``office'' includes any office,
administration, agency, institute, unit, organizational entity,
or component thereof.
(10) Secretary.--The term ``Secretary'' means the Secretary
of State.
(11) USIA.--The term ``USIA'' means the United States
Information Agency.
SEC. 1104. <<NOTE: 22 USC 6503.>> REPORT ON BUDGETARY COST SAVINGS
RESULTING FROM REORGANIZATION.
The Secretary of State shall submit a report, together with the
congressional presentation document for the budget of the Department of
State for each of the fiscal years 2000 and 2001, to the appropriate
congressional committees describing the total anticipated and achieved
cost savings in budget outlays and budget authority related to the
reorganization implemented under this subdivision, including cost
savings by each of the following categories:
(1) Reductions in personnel.
(2) Administrative consolidation, including procurement.
(3) Program consolidation.
(4) Consolidation of real properties and leases.
TITLE XII--UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY
CHAPTER 1--GENERAL PROVISIONS
SEC. 1201. <<NOTE: 22 USC 6511 note.>> EFFECTIVE DATE.
This title, and the amendments made by this title, shall take
effect on the earlier of--
(1) April 1, 1999; or
(2) the date of abolition of the United States Arms Control
and Disarmament Agency pursuant to the reorganization plan
described in section 1601.
CHAPTER 2--ABOLITION AND TRANSFER OF FUNCTIONS
SEC. 1211. <<NOTE: 22 USC 6511.>> ABOLITION OF UNITED STATES ARMS
CONTROL AND DISARMAMENT AGENCY.
The United States Arms Control and Disarmament Agency is
abolished.
SEC. 1212. <<NOTE: 22 USC 6512.>> TRANSFER OF FUNCTIONS TO SECRETARY OF
STATE.
There are transferred to the Secretary of State all functions of
the Director of the United States Arms Control and Disarmament Agency,
and all functions of the United States Arms Control and Disarmament
Agency and any office or component of such agency, under any statute,
reorganization plan, Executive order, or other provision of law, as of
the day before the effective date of this title.
SEC. 1213. UNDER SECRETARY FOR ARMS CONTROL AND INTERNATIONAL SECURITY.
Section 1(b) of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2651(b)) <<NOTE: 22 USC 2651a.>> is amended--
(1) by striking ``There'' and inserting the following:
``(1) In general.--There''; and
[[Page 112 STAT. 2681-768]]
(2) by adding at the end the following:
``(2) Under secretary for arms control and international
security.--There shall be in the Department of State, among the
Under Secretaries authorized by paragraph (1), an Under
Secretary for Arms Control and International Security, who shall
assist the Secretary and the Deputy Secretary in matters related
to international security policy, arms control, and
nonproliferation. Subject to the direction of the President, the
Under Secretary may attend and participate in meetings of the
National Security Council in his role as Senior Advisor to the
President and the Secretary of State on Arms Control and
Nonproliferation Matters.''.
CHAPTER 3--CONFORMING AMENDMENTS
SEC. 1221. <<NOTE: 22 USC 6521.>> REFERENCES.
Except as otherwise provided in section 1223 or 1225, any reference
in any statute, reorganization plan, Executive order, regulation,
agreement, determination, or other official document or proceeding to--
(1) the Director of the United States Arms Control and
Disarmament Agency, the Director of the Arms Control and
Disarmament Agency, or any other officer or employee of the
United States Arms Control and Disarmament Agency or the Arms
Control and Disarmament Agency shall be deemed to refer to the
Secretary of State; or
(2) the United States Arms Control and Disarmament Agency or
the Arms Control and Disarmament Agency shall be deemed to refer
to the Department of State.
SEC. 1222. REPEALS.
The following sections of the Arms Control and Disarmament Act (22
U.S.C. 2551 et seq.) are repealed: Sections 21 through 26 (22 U.S.C.
2561-2566), section 35 (22 U.S.C. 2575), section 42 (22 U.S.C. 2582),
section 43 (22 U.S.C. 2583), sections 45 through 50 (22 U.S.C. 2585-
2593), section 53 (22 U.S.C. 2593c), section 54 (22 U.S.C. 2593d), and
section 63 (22 U.S.C. 2595b).
SEC. 1223. AMENDMENTS TO THE ARMS CONTROL AND DISARMAMENT ACT.
The Arms Control and Disarmament Act (22 U.S.C. 2551 et seq.) is
amended--
(1) in section 2 (22 U.S.C. 2551)--
(A) in the first undesignated paragraph, by striking
``creating a new agency of peace to deal with'' and
inserting ``addressing'';
(B) by striking the second undesignated paragraph;
and
(C) in the third undesignated paragraph--
(i) by striking ``This organization'' and
inserting ``The Secretary of State'';
(ii) by striking ``It shall have'' and
inserting ``The Secretary shall have'';
(iii) by striking ``and the Secretary of
State'';
(iv) by inserting ``, nonproliferation,''
after ``arms control'' in paragraph (1);
(v) by striking paragraph (2);
[[Page 112 STAT. 2681-769]]
(vi) by redesignating paragraphs (3) through
(5) as paragraphs (2) through (4), respectively;
and
(vii) by striking ``, as appropriate,'' in
paragraph (3) (as redesignated);
(2) in section 3 (22 U.S.C. 2552), by striking subsection
(c);
(3) in the heading for title II, by striking
``ORGANIZATION'' and inserting ``SPECIAL REPRESENTATIVES AND
VISITING SCHOLARS'';
(4) in section 27 (22 U.S.C. 2567)--
(A) by striking the third sentence;
(B) in the fourth sentence, by striking ``, acting
through the Director''; and
(C) in the fifth sentence, by striking ``Agency''
and inserting ``Department of State'';
(5) in section 28 (22 U.S.C. 2568)--
(A) by striking ``Director'' each place it appears
and inserting ``Secretary of State'';
(B) in the second sentence--
(i) by striking ``Agency'' each place it
appears and inserting ``Department of State''; and
(ii) by striking ``Agency's'' and inserting
``Department of State's''; and
(6) in section 31 (22 U.S.C. 2571)--
(A) by inserting ``this title in'' after ``powers
in'';
(B) by striking ``Director'' each place it appears
and inserting ``Secretary of State'';
(C) by striking ``insure'' each place it appears and
inserting ``ensure'';
(D) in the second sentence, by striking ``in
accordance with procedures established under section 35
of this Act'';
(E) in the fourth sentence by striking ``The
authority'' and all that follows through
``disarmament:'' and inserting the following: ``The
authority of the Secretary under this Act with respect
to research, development, and other studies concerning
arms control, nonproliferation, and disarmament shall be
limited to participation in the following:''; and
(F) in subsection (l), by inserting ``and'' at the
end;
(7) in section 32 (22 U.S.C. 2572)--
(A) by striking ``Director'' and inserting
``Secretary of State''; and
(B) by striking ``subsection'' and inserting
``section'';
(8) in section 33(a) (22 U.S.C. 2573(a))--
(A) by striking ``the Secretary of State,''; and
(B) by striking ``Director'' and inserting
``Secretary of State'';
(9) in section 34 (22 U.S.C. 2574)--
(A) in subsection (a)--
(i) in the first sentence, by striking
``Director'' and inserting ``Secretary of State'';
(ii) in the first sentence, by striking ``and
the Secretary of State'';
(iii) in the first sentence, by inserting ``,
nonproliferation,'' after ``in the fields of arms
control'';
(iv) in the first sentence, by striking ``and
shall have primary responsibility, whenever
directed by the
[[Page 112 STAT. 2681-770]]
President, for the preparation, conduct, and
management of the United States participation in
international negotiations and implementation fora
in the field of nonproliferation'';
(v) in the second sentence, by striking
``section 27'' and inserting ``section 201''; and
(vi) in the second sentence, by striking
``the'' after ``serve as'';
(B) by striking subsection (b);
(C) by redesignating subsection (c) as subsection
(b); and
(D) in subsection (b) (as redesignated)--
(i) in the text above paragraph (1), by
striking ``Director'' and inserting ``Secretary of
State'';
(ii) by striking paragraph (1); and
(iii) by redesignating paragraphs (2) and (3)
as paragraphs (1) and (2), respectively;
(10) in section 36 (22 U.S.C. 2576)--
(A) by striking ``Director'' each place it appears
and inserting ``Secretary of State''; and
(B) by striking ``, in accordance with the
procedures established pursuant to section 35 of this
Act,'';
(11) in section 37 (22 U.S.C. 2577)--
(A) by striking ``Director'' and ``Agency'' each
place it appears and inserting ``Secretary of State'' or
``Department of State'', respectively; and
(B) by striking subsection (d);
(12) in section 38 (22 U.S.C. 2578)--
(A) by striking ``Director'' each place it appears
and inserting ``Secretary of State''; and
(B) by striking subsection (c);
(13) in section 41 (22 U.S.C. 2581)--
(A) by striking ``In the performance of his
functions, the Director'' and inserting ``In addition to
any authorities otherwise available, the Secretary of
State in the performance of functions under this Act'';
(B) by striking ``Agency'', ``Agency's'',
``Director'', and ``Director's'' each place they appear
and inserting ``Department of State'', ``Department of
State's'', ``Secretary of State'', or ``Secretary of
State's'', as appropriate;
(C) in subsection (a), by striking the sentence that
begins ``It is the intent'';
(D) in subsection (b)--
(i) by striking ``appoint officers and
employees, including attorneys, for the Agency in
accordance with the provisions of title 5, United
States Code, governing appointment in the
competitive service, and fix their compensation in
accordance with chapter 51 and with subchapter III
of chapter 53 of such title, relating to
classification and General Schedule pay rates,
except that the Director may, to the extent the
Director determines necessary to the discharge of
his responsibilities,'';
(ii) in paragraph (1), by striking
``exception'' and inserting ``subsection''; and
(iii) in paragraph (2)--
[[Page 112 STAT. 2681-771]]
(I) by striking ``exception'' and
inserting ``subsection''; and
(II) by striking ``ceiling'' and
inserting ``positions allocated to carry
out the purpose of this Act'';
(E) by striking subsection (g);
(F) by redesignating subsections (h), (i), and (j)
as subsections (g), (h), and (i), respectively;
(G) by amending subsection (f) to read as follows:
``(f) establish a scientific and policy advisory board to
advise with and make recommendations to the Secretary of State
on United States arms control, nonproliferation, and disarmament
policy and activities. A majority of the board shall be composed
of individuals who have a demonstrated knowledge and technical
expertise with respect to arms control, nonproliferation, and
disarmament matters and who have distinguished themselves in any
of the fields of physics, chemistry, mathematics, biology, or
engineering, including weapons engineering. The members of the
board may receive the compensation and reimbursement for
expenses specified for consultants by subsection (d) of this
section;''; and
(H) in subsection (h) (as redesignated), by striking
``Deputy Director'' and inserting ``Under Secretary for
Arms Control and International Security'';
(14) in section 44 (22 U.S.C. 2584)--
(A) by striking ``conflict-of-interest and'';
(B) by striking ``The members'' and all that follows
through ``(5 U.S.C. 2263), or any other'' and inserting
``Members of advisory boards and consultants may serve
as such without regard to any''; and
(C) <<NOTE: Applicability.>> by inserting at the end
the following new sentence: ``This section shall apply
only to individuals carrying out activities related to
arms control, nonproliferation, and disarmament.'';
(15) in section 51 (22 U.S.C. 2593a)--
(A) in subsection (a)--
(i) in paragraphs (1) and (3), by inserting
``, nonproliferation,'' after ``arms control''
each place it appears;
(ii) by striking ``Director, in consultation
with the Secretary of State,'' and inserting
``Secretary of State with the concurrence of the
Director of Central Intelligence and in
consultation with'';
(iii) by striking ``the Chairman of the Joint
Chiefs of Staff, and the Director of Central
Intelligence'' and inserting ``and the Chairman of
the Joint Chiefs of Staff'';
(iv) by striking paragraphs (2) and (4); and
(v) by redesignating paragraphs (3), (5), (6),
and (7) as paragraphs (2) through (5),
respectively; and
(B) by adding at the end of subsection (b) the
following: ``The portions of this report described in
paragraphs (4) and (5) of subsection (a) shall summarize
in detail, at least in classified annexes, the
information, analysis, and conclusions relevant to
possible noncompliance by other nations that are
provided by United States intelligence agencies.'';
[[Page 112 STAT. 2681-772]]
(16) in section 52 (22 U.S.C. 2593b), by striking
``Director'' and inserting ``Secretary of State'';
(17) in section 61 (22 U.S.C. 2593a)--
(A) in paragraph (1), by striking ``United States
Arms Control and Disarmament Agency'' and inserting
``Department of State'';
(B) by striking paragraph (2);
(C) by redesignating paragraphs (3) through (7) as
paragraphs (2) through (6), respectively;
(D) in paragraph (4) (as redesignated), by striking
``paragraph (4)'' and inserting ``paragraph (3)''; and
(E) in paragraph (6) (as redesignated), by striking
``United States Arms Control and Disarmament Agency and
the'';
(18) in section 62 (22 U.S.C. 2595a)--
(A) in subsection (c)--
(i) in the subsection heading, by striking
``Director'' and inserting ``Secretary of State'';
and
(ii) by striking ``2(d), 22, and 34(c)'' and
inserting ``102(3) and 304(b)''; and
(B) by striking ``Director'' and inserting
``Secretary of State'';
(19) in section 64 (22 U.S.C. 2595b-1)--
(A) by striking the section title and inserting
``SEC. 503. REVIEW OF CERTAIN REPROGRAMMING
NOTIFICATIONS.'';
(B) by striking subsection (a); and
(C) in subsection (b)--
(i) by striking ``(b) Review of Certain
Reprogramming Notifications.--''; and
(ii) by striking ``Foreign Affairs'' and
inserting ``International Relations'';
(20) in section 65(1) (22 U.S.C. 2595c(1)) by inserting ``of
America'' after ``United States''; and
(21) <<NOTE: 22 USC 2551 et seq.>> by redesignating sections
1, 2, 3, 27, 28, 31, 32, 33, 34, 36, 37, 38, 39, 41, 44, 51, 52,
61, 62, 64, and 65, as amended by this section, as sections 101,
102, 103, 201, 202, 301, 302, 303, 304, 305, 306, 307, 308, 401,
402, 403, 404, 501, 502, 503, and 504, respectively.
SEC. 1224. COMPENSATION OF OFFICERS.
Title 5, United States Code, is amended--
(1) in section 5313, by striking ``Director of the United
States Arms Control and Disarmament Agency.'';
(2) in section 5314, by striking ``Deputy Director of the
United States Arms Control and Disarmament Agency.'';
(3) in section 5315--
(A) by striking ``Assistant Directors, United States
Arms Control and Disarmament Agency (4).''; and
(B) by striking ``Special Representatives of the
President for arms control, nonproliferation, and
disarmament matters, United States Arms Control and
Disarmament Agency'', and inserting ``Special
Representatives of the President for arms control,
nonproliferation, and disarmament matters, Department of
State''; and
(4) in section 5316, by striking ``General Counsel of the
United States Arms Control and Disarmament Agency.''.
[[Page 112 STAT. 2681-773]]
SEC. 1225. ADDITIONAL CONFORMING AMENDMENTS.
(a) Arms Export Control Act.--The Arms Export Control Act is
amended--
(1) in section 36(b)(1)(D) (22 U.S.C. 2776(b)(1)(D)), by
striking ``Director of the Arms Control and Disarmament Agency
in consultation with the Secretary of State and the Secretary of
Defense'' and inserting ``Secretary of State in consultation
with the Secretary of Defense and the Director of Central
Intelligence'';
(2) in section 38(a)(2) (22 U.S.C. 2778(a)(2))--
(A) in the first sentence, by striking ``be made in
coordination with the Director of the United States Arms
Control and Disarmament Agency, taking into account the
Director's assessment as to'' and inserting ``take into
account''; and
(B) by striking the second sentence;
(3) in section 42(a) (22 U.S.C. 2791(a))--
(A) in paragraph (1)(C), by striking ``the
assessment of the Director of the United States Arms
Control and Disarmament Agency as to'';
(B) by striking ``(1)'' after ``(a)''; and
(C) by striking paragraph (2);
(4) in section 71(a) (22 U.S.C. 2797(a)), by striking ``,
the Director of the Arms Control and Disarmament Agency,'';
(5) in section 71(b)(1) (22 U.S.C. 2797(b)(1)), by striking
``and the Director of the United States Arms Control and
Disarmament Agency'';
(6) in section 71(b)(2) (22 U.S.C. 2797(b)(2))--
(A) by striking ``, the Secretary of Commerce, and
the Director of the United States Arms Control and
Disarmament Agency'' and inserting ``and the Secretary
of Commerce''; and
(B) by striking ``or the Director'';
(7) in section 71(c) (22 U.S.C. 2797(c)), by striking ``with
the Director of the United States Arms Control and Disarmament
Agency,''; and
(8) in section 73(d) (22 U.S.C. 2797b(d)), by striking ``,
the Secretary of Commerce, and the Director of the United States
Arms Control and Disarmament Agency'' and inserting ``and the
Secretary of Commerce''.
(b) Foreign Assistance Act.--Section 511 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2321d) is amended by striking ``be made in
coordination with the Director of the United States Arms Control and
Disarmament Agency and shall take into account his opinion as to'' and
inserting ``take into account''.
(c) United States Institute of Peace Act.--
(1) Section 1706(b) of the United States Institute of Peace
Act (22 U.S.C. 4605(b)) is amended--
(A) by striking paragraph (3);
(B) by redesignating paragraphs (4) and (5) as
paragraphs (3) and (4), respectively; and
(C) in paragraph (4) (as redesignated), by striking
``Eleven'' and inserting ``Twelve''.
(2) Section 1707(d)(2) of that Act (22 U.S.C. 4606(d)(2)) is
amended by striking ``, Director of the Arms Control and
Disarmament Agency''.
[[Page 112 STAT. 2681-774]]
(d) Atomic Energy Act of 1954.--The Atomic Energy Act of 1954 is
amended--
(1) in section 57b. (42 U.S.C. 2077(b))--
(A) in the first sentence, by striking ``the Arms
Control and Disarmament Agency,''; and
(B) in the second sentence, by striking ``the
Director of the Arms Control and Disarmament Agency,'';
(2) in section 109b. (42 U.S.C. 2129(b)), <<NOTE: 42 USC
2139.>> by striking ``and the Director'';
(3) in section 111b. (42 U.S.C. 2131(b)) <<NOTE: 42 USC
2141.>> by striking ``the Arms Control and Disarmament Agency,
the Nuclear Regulatory Commission,'' and inserting ``the Nuclear
Regulatory Commission'';
(4) in section 123 (42 U.S.C. 2153)--
(A) in subsection a., in the third sentence--
(i) by striking ``and in consultation with the
Director of the Arms Control and Disarmament
Agency (`the Director')'';
(ii) by inserting ``and'' after ``Energy,'';
(iii) by striking ``Commission, and the
Director, who'' and inserting ``Commission. The
Secretary of State''; and
(iv) after ``nuclear explosive purpose.'', by
inserting the following new sentence: ``Each
Nuclear Proliferation Assessment Statement
prepared pursuant to this Act shall be accompanied
by a classified annex, prepared in consultation
with the Director of Central Intelligence,
summarizing relevant classified information.'';
(B) in subsection d., in the first proviso--
(i) by striking ``Nuclear Proliferation
Assessment Statement prepared by the Director of
the Arms Control and Disarmament Agency,'' and
inserting ``Nuclear Proliferation Assessment
Statement prepared by the Secretary of State, and
any annexes thereto,''; and
(ii) by striking ``has been'' and inserting
``have been''; and
(C) in the first undesignated paragraph following
subsection d., by striking ``the Arms Control and
Disarmament Agency,'';
(5) in section 126a.(1), <<NOTE: 42 USC 2155.>> by striking
``the Director of the Arms Control and Disarmament Agency, and
the Nuclear Regulatory Commission'' and inserting ``and the
Nuclear Regulatory Commission,'';
(6) in section 131a. (42 U.S.C. 2160(a))--
(A) in paragraph (1)--
(i) in the first sentence, by striking ``the
Director,'';
(ii) in the third sentence, by striking ``the
Director declares that he intends'' and inserting
``the Secretary of State is required''; and
(iii) in the third sentence, by striking ``the
Director's declaration'' and inserting ``the
requirement to prepare a Nuclear Proliferation
Assessment Statement'';
(B) in paragraph (2)--
(i) by striking ``Director's view'' and
inserting ``view of the Secretary of State,
Secretary of Energy, Secretary of Defense, or the
Commission''; and
[[Page 112 STAT. 2681-775]]
(ii) by striking ``he may prepare'' and
inserting ``the Secretary of State, in
consultation with such Secretary or the
Commission, shall prepare''; and
(7) in section 131c. (42 U.S.C. 2160(c))--
(A) in the first sentence, by striking ``, the
Director of the Arms Control and Disarmament Agency,'';
(B) in the sixth and seventh sentences, by striking
``Director'' each place it appears and inserting
``Secretary of State''; and
(C) in the seventh sentence, by striking
``Director's'' and inserting ``Secretary of State's''.
(e) Nuclear Non-Proliferation Act of 1978.--The Nuclear Non-
Proliferation Act of 1978 is amended--
(1) in section 4 (22 U.S.C. 3203)--
(A) by striking paragraph (2); and
(B) by redesignating paragraphs (3) through (8) as
paragraphs (2) through (7), respectively;
(2) in section 102 (22 U.S.C. 3222), by striking ``, the
Secretary of State, and the Director of the Arms Control and
Disarmament Agency'' and inserting ``and the Secretary of
State'';
(3) in section 304(d) (42 U.S.C. 2156a), by striking ``the
Secretary of Defense, and the Director,'' and inserting ``and
the Secretary of Defense,'';
(4) in section 309 (42 U.S.C. 2139a)--
(A) in subsection (b), by striking ``the Department
of Commerce, and the Arms Control and Disarmament
Agency'' and inserting ``and the Department of
Commerce''; and
(B) in subsection (c), by striking ``the Arms
Control and Disarmament Agency,'';
(5) in section 406 (42 U.S.C. 2160a), by inserting ``, or
any annexes thereto,'' after ``Statement''; and
(6) in section 602 (22 U.S.C. 3282)--
(A) in subsection (c), by striking ``the Arms
Control and Disarmament Agency,''; and
(B) in subsection (e), by striking ``and the
Director''.
(f) State Department Basic Authorities Act of 1956.--Section 23(a)
of the State Department Basic Authorities Act of 1956 (22 U.S.C.
2695(a)) is amended by striking ``the Agency for International
Development, and the Arms Control and Disarmament Agency'' and inserting
``and the Agency for International Development''.
(g) Foreign Relations Authorization Act of 1972.--Section 502 of the
Foreign Relations Authorization Act of 1972 (2 U.S.C. 194a) is amended
by striking ``the United States Arms Control and Disarmament Agency,''.
(h) Title 49.--Section 40118(d) of title 49, United States Code, is
amended by striking ``, or the Director of the Arms Control and
Disarmament Agency''.
[[Page 112 STAT. 2681-776]]
TITLE XIII--UNITED STATES INFORMATION AGENCY
CHAPTER 1--GENERAL PROVISIONS
SEC. 1301. <<NOTE: 22 USC 6531 note.>> EFFECTIVE DATE.
This title, and the amendments made by this title, shall take effect
on the earlier of--
(1) October 1, 1999; or
(2) the date of abolition of the United States Information
Agency pursuant to the reorganization plan described in section
1601.
CHAPTER 2--ABOLITION AND TRANSFER OF FUNCTIONS
SEC. 1311. <<NOTE: 22 USC 6531.>> ABOLITION OF UNITED STATES INFORMATION
AGENCY.
The United States Information Agency (other than the Broadcasting
Board of Governors and the International Broadcasting Bureau) is
abolished.
SEC. 1312. <<NOTE: 22 USC 6532.>> TRANSFER OF FUNCTIONS.
(a) In General.--There are transferred to the Secretary of State all
functions of the Director of the United States Information Agency and
all functions of the United States Information Agency and any office or
component of such agency, under any statute, reorganization plan,
Executive order, or other provision of law, as of the day before the
effective date of this title.
(b) Exception.--Subsection (a) does not apply to the Broadcasting
Board of Governors, the International Broadcasting Bureau, or any
function performed by the Board or the Bureau.
SEC. 1313. UNDER SECRETARY OF STATE FOR PUBLIC DIPLOMACY.
Section 1(b) of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2651a(b)), as amended by this division, is further amended by
adding at the end the following new paragraph:
``(3) Under secretary for public diplomacy.--There shall be
in the Department of State, among the Under Secretaries
authorized by paragraph (1), an Under Secretary for Public
Diplomacy, who shall have primary responsibility to assist the
Secretary and the Deputy Secretary in the formation and
implementation of United States public diplomacy policies and
activities, including international educational and cultural
exchange programs, information, and international
broadcasting.''.
SEC. 1314. <<NOTE: 22 USC 6533.>> ABOLITION OF OFFICE OF INSPECTOR
GENERAL OF UNITED STATES INFORMATION AGENCY AND TRANSFER OF
FUNCTIONS.
(a) Abolition of Office.--The Office of Inspector General of the
United States Information Agency is abolished.
(b) Amendments to Inspector General Act of 1978.--Section 11 of the
Inspector General Act of 1978 (5 U.S.C. App.) is amended--
(1) in paragraph (1), by striking ``the Office of Personnel
Management, the United States Information Agency'' and inserting
``or the Office of Personnel Management''; and
(2) in paragraph (2), by striking ``the United States
Information Agency,''.
(c) Executive Schedule.--Section 5315 of title 5, United States
Code, is amended by striking the following:
[[Page 112 STAT. 2681-777]]
``Inspector General, United States Information Agency.''.
(d) Amendments to Public Law 103-236.--Subsections (i) and (j) of
section 308 of the United States International Broadcasting Act of 1994
(22 U.S.C. 6207 (i) and (j)) are amended--
(1) by striking ``Inspector General of the United States
Information Agency'' each place it appears and inserting
``Inspector General of the Department of State and the Foreign
Service''; and
(2) by striking ``, the Director of the United States
Information Agency,''.
(e) Transfer of Functions.--There are transferred to the Office of
the Inspector General of the Department of State and the Foreign Service
the functions that the Office of Inspector General of the United States
Information Agency exercised before the effective date of this title
(including all related functions of the Inspector General of the United
States Information Agency).
CHAPTER 3--INTERNATIONAL BROADCASTING
SEC. 1321. <<NOTE: 22 USC 6541.>> CONGRESSIONAL FINDINGS AND DECLARATION
OF PURPOSE.
Congress finds that--
(1) it is the policy of the United States to promote the
right of freedom of opinion and expression, including the
freedom ``to seek, receive, and impart information and ideas
through any media and regardless of frontiers'', in accordance
with Article 19 of the Universal Declaration of Human Rights;
(2) open communication of information and ideas among the
peoples of the world contributes to international peace and
stability, and the promotion
of such communication is in the interests of the United States;
(3) it is in the interest of the United States to support
broadcasting to other nations consistent with the requirements
of this chapter and the United States International Broadcasting
Act of 1994; and
(4) international broadcasting is, and should remain, an
essential instrument of United States foreign policy.
SEC. 1322. CONTINUED EXISTENCE OF BROADCASTING BOARD OF GOVERNORS.
Section 304(a) of the United States International Broadcasting Act
of 1994 (22 U.S.C. 6203(a)) is amended to read as follows:
``(a) Continued Existence Within Executive Branch.--
``(1) In general.--The Broadcasting Board of Governors shall
continue to exist within the Executive branch of Government as
an entity described in section 104 of title 5, United States
Code.
``(2) Retention of existing board members.--The members of
the Broadcasting Board of Governors appointed by the President
pursuant to subsection (b)(1)(A) before the effective date of
title XIII of the Foreign Affairs Agencies Consolidation Act of
1998 and holding office as of that date may serve the remainder
of their terms of office without reappointment.
``(3) Inspector general authorities.--
``(A) In general.--The Inspector General of the
Department of State and the Foreign Service shall
exercise the same authorities with respect to the
Broadcasting
[[Page 112 STAT. 2681-778]]
Board of Governors and the International Broadcasting
Bureau as the Inspector General exercises under the
Inspector General Act of 1978 and section 209 of the
Foreign Service Act of 1980 with respect to the
Department of State.
``(B) Respect for journalistic integrity of
broadcasters.--The Inspector General shall respect the
journalistic integrity of all the broadcasters covered
by this title and may not evaluate the philosophical or
political perspectives reflected in the content of
broadcasts.''.
SEC. 1323. CONFORMING AMENDMENTS TO THE UNITED STATES INTERNATIONAL
BROADCASTING ACT OF 1994.
(a) References in Section.--Whenever in this section an amendment or
repeal is expressed as an amendment or repeal of a provision, the
reference shall be deemed to be made to the United States International
Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.).
(b) Substitution of Secretary of State.--Sections 304(b)(1)(B),
304(b) (2) and (3), 304(c), and 304(e) (22 U.S.C. 6203(b)(1)(B), 6203(b)
(2) and (3), 6203(c), and 6203(e)) are amended by striking ``Director of
the United States Information Agency'' each place it appears and
inserting ``Secretary of State''.
(c) Substitution of Acting Secretary of State.--Section 304(c) (22
U.S.C. 6203(c)) is amended by striking ``acting Director of the agency''
and inserting ``Acting Secretary of State''.
(d) Standards and Principles of International Broadcasting.--Section
303(b) (22 U.S.C. 6202(b)) is amended--
(1) in paragraph (3), by inserting ``, including editorials,
broadcast by the Voice of America, which present the views of
the United States Government'' after ``policies'';
(2) by redesignating paragraphs (4) through (9) as
paragraphs (5) through (10), respectively; and
(3) by inserting after paragraph (3) the following:
``(4) the capability to provide a surge capacity to support
United States foreign policy objectives during crises abroad;'';
(e) Authorities of the Board.--Section 305(a) (22 U.S.C. 6204(a)) is
amended--
(1) in paragraph (1)--
(A) by striking ``direct and''; and
(B) by striking ``and the Television Broadcasting to
Cuba Act'' and inserting ``, the Television Broadcasting
to Cuba Act, and Worldnet Television, except as provided
in section 306(b)'';
(2) in paragraph (4), by inserting ``, after consultation
with the Secretary of State,'' after ``annually,'';
(3) in paragraph (9)--
(A) by striking ``, through the Director of the
United States Information Agency,''; and
(B) by adding at the end the following new sentence:
``Each annual report shall place special emphasis on the
assessment described in paragraph (2).'';
(4) in paragraph (12)--
(A) by striking ``1994 and 1995'' and inserting
``1998 and 1999''; and
(B) by striking ``to the Board for International
Broadcasting for such purposes for fiscal year 1993''
and inserting
[[Page 112 STAT. 2681-779]]
``to the Board and the International Broadcasting Bureau
for such purposes for fiscal year 1997''; and
(5) by adding at the end the following new paragraphs:
``(15)(A) To procure temporary and intermittent personal
services to the same extent as is authorized by section 3109 of
title 5, United States Code, at rates not to exceed the daily
equivalent of the rate provided for positions classified above
grade GS-15 of the General Schedule under section 5108 of title
5, United States Code.
``(B) To allow those providing such services, while away
from their homes or their regular places of business, travel
expenses (including per diem in lieu of subsistence) as
authorized by section 5703 of title 5, United States Code, for
persons in the Government service employed intermittently, while
so employed.
``(16) To procure, pursuant to section 1535 of title 31,
United States Code (commonly known as the `Economy Act'), such
goods and services from other departments or agencies for the
Board and the International Broadcasting Bureau as the Board
determines are appropriate.
``(17) To utilize the provisions of titles III, IV, V, VII,
VIII, IX, and X of the United States Information and Educational
Exchange Act of 1948, and section 6 of Reorganization Plan
Number 2 of 1977, as in effect on the day before the effective
date of title XIII of the Foreign Affairs Agencies Consolidation
Act of 1998, to the extent the Board considers necessary in
carrying out the provisions and purposes of this title.
``(18) To utilize the authorities of any other statute,
reorganization plan, Executive order, regulation, agreement,
determination, or other official document or proceeding that had
been available to the Director of the United States Information
Agency, the Bureau, or the Board before the effective date of
title XIII of the Foreign Affairs Consolidation Act of 1998 for
carrying out the broadcasting activities covered by this
title.''.
(f) Delegation of Authority.--Section 305 (22 U.S.C. 6204) is
amended--
(1) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively; and
(2) by inserting after subsection (a) the following new
subsection:
``(b) Delegation of Authority.--The Board may delegate to the
Director of the International Broadcasting Bureau, or any other officer
or employee of the United States, to the extent the Board determines to
be appropriate, the authorities provided in this section, except those
authorities provided in paragraph (1), (2), (3), (4), (5), (6), (9), or
(11) of subsection (a).''.
(g) Broadcasting Budgets.--Section 305(c)(1) (as redesignated) is
amended--
(1) by striking ``(1)'' before ``The Director''; and
(2) by striking ``the Director of the United States
Information Agency for the consideration of the Director as a
part of the Agency's budget submission to''.
(h) Repeal.--Section 305(c)(2) (as redesignated) is repealed.
(i) Implementation.--Section 305(d) (as redesignated) is amended to
read as follows:
[[Page 112 STAT. 2681-780]]
``(d) Professional Independence of Broadcasters.--The Secretary of
State and the Board, in carrying out their functions, shall respect the
professional independence and integrity of the International
Broadcasting Bureau, its broadcasting services, and the grantees of the
Board.''.
(j) Foreign Policy Guidance.--Section 306 (22 U.S.C. 6205) is
amended--
(1) in the section heading, by striking ``FOREIGN POLICY
GUIDANCE'' and inserting ``ROLE OF THE SECRETARY OF STATE'';
(2) by inserting ``(a) Foreign Policy Guidance.--''
immediately before ``To'';
(3) by striking ``State, acting through the Director of the
United States Information Agency,'' and inserting ``State'';
(4) by inserting before the period at the end the following:
``, as the Secretary may deem appropriate''; and
(5) by adding at the end the following:
``(b) Certain Worldnet Programming.--The Secretary of State is
authorized to use Worldnet broadcasts for the purposes of continuing
interactive dialogues with foreign media and other similar overseas
public diplomacy programs sponsored by the Department of State. The
Chairman of the Broadcasting Board of Governors shall provide access to
Worldnet for this purpose on a nonreimbursable basis.''.
(k) International Broadcasting Bureau.--Section 307 (22 U.S.C. 6206)
is amended--
(1) in subsection (a), by striking ``within the United
States Information Agency'' and inserting ``under the Board'';
(2) in subsection (b)(1), by striking ``Chairman of the
Board, in consultation with the Director of the United States
Information Agency and with the concurrence of a majority of the
Board'' and inserting ``President, by and with the advice and
consent of the Senate'';
(3) by redesignating subsection (b)(1) as subsection (b);
(4) by striking subsection (b)(2); and
(5) by adding at the end the following new subsection:
``(c) Responsibilities of the Director.--The Director shall organize
and chair a coordinating committee to examine and make recommendations
to the Board on long-term strategies for the future of international
broadcasting, including the use of new technologies, further
consolidation of broadcast services, and consolidation of currently
existing public affairs and legislative relations functions in the
various international broadcasting entities. The coordinating committee
shall include representatives of Radio Free Asia, RFE/RL, Incorporated,
the Broadcasting Board of Governors, and, as appropriate, the Office of
Cuba Broadcasting, the Voice of America, and Worldnet.''.
(l) Repeals.--The following provisions of law are repealed:
(1) Subsections (k) and (l) of section 308 (22 U.S.C. 6207
(k), (l)).
(2) Section 310 (22 U.S.C. 6209).
SEC. 1324. AMENDMENTS TO THE RADIO BROADCASTING TO CUBA ACT.
The Radio Broadcasting to Cuba Act (22 U.S.C. 1465 et seq.) is
amended--
[[Page 112 STAT. 2681-781]]
(1) <<NOTE: 22 USC 1465a, 1465d, 1465f.>> by striking
``United States Information Agency'' each place it appears and
inserting ``Broadcasting Board of Governors'';
(2) <<NOTE: 22 USC 1465a, 1465d, 1465e, 1465f. 22 USC 1465a,
1465b.>> by striking ``Agency'' each place it appears and
inserting ``Board'';
(3) by striking ``the Director of the United States
Information Agency'' each place it appears and inserting ``the
Broadcasting Board of Governors'';
(4) in section 4 (22 U.S.C. 1465b), by striking ``the Voice
of America'' and inserting ``the International Broadcasting
Bureau'';
(5) in section 5 (22 U.S.C. 1465c)--
(A) by striking ``Board'' each place it appears and
inserting ``Advisory Board''; and
(B) in subsection (a), by striking the first
sentence and inserting ``There is established within the
Office of the President the Advisory Board for Cuba
Broadcasting (in this division referred to as the
`Advisory Board').''; and
(6) <<NOTE: 22 USC 1465b.>> by striking any other reference
to ``Director'' not amended by paragraph (3) each place it
appears and inserting ``Board''.
SEC. 1325. AMENDMENTS TO THE TELEVISION BROADCASTING TO CUBA ACT.
The Television Broadcasting to Cuba Act (22 U.S.C. 1465aa et seq.)
is amended--
(1) in section 243(a) (22 U.S.C. 1465bb(a)) and section 246
(22 U.S.C. 1465dd), by striking ``United States Information
Agency'' each place it appears and inserting ``Broadcasting
Board of Governors'';
(2) in section 243(c) (22 U.S.C. 1465bb(c))--
(A) in the subsection heading, by striking ``USIA'';
and
(B) by striking `` `USIA Television'' and inserting
``the `Television'';
(3) in section 244(c) (22 U.S.C. 1465cc(c)) and section 246
(22 U.S.C. 1465dd), by striking ``Agency'' each place it appears
and inserting ``Board'';
(4) in section 244 (22 U.S.C. 1465cc)--
(A) in the section heading, by striking ``OF THE
UNITED STATES INFORMATION AGENCY'';
(B) in subsection (a)--
(i) in the first sentence, by striking ``The
Director of the United States Information Agency
shall establish'' and inserting ``There is''; and
(ii) in the second sentence--
(I) by striking ``Director of the
United States Information Agency'' and
inserting ``Broadcasting Board of
Governors''; and
(II) by striking ``the Director of
the Voice of America'' and inserting
``the International Broadcasting
Bureau'';
(C) in subsection (b)--
(i) by striking ``Agency facilities'' and
inserting ``Board facilities''; and
(ii) by striking ``Information Agency'' and
inserting ``International''; and
(D) in the heading of subsection (c), by striking
``USIA''; and
[[Page 112 STAT. 2681-782]]
(5) in section 245(d) (22 U.S.C. 1465c note), by striking
``Board'' and inserting ``Advisory Board''.
SEC. 1326. <<NOTE: 22 USC 6542.>> TRANSFER OF BROADCASTING RELATED
FUNDS, PROPERTY, AND PERSONNEL.
(a) Transfer and Allocation of Property and Appropriations.--
(1) In general.--The assets, liabilities (including
contingent liabilities arising from suits continued with a
substitution or addition of parties under section 1327(d)),
contracts, property, records, and unexpended balance of
appropriations, authorizations, allocations, and other funds
employed, held, used, arising from, available to, or to be made
available in connection with the functions and offices of USIA
transferred to the Broadcasting Board of Governors by this
chapter shall be transferred to the Broadcasting Board of
Governors for appropriate allocation.
(2) Additional transfers.--In addition to the transfers made
under paragraph (1), there shall be transferred to the Chairman
of the Broadcasting Board of Governors the assets, contracts,
property, records, and unexpended balance of appropriations,
authorizations, allocations, and other funds, as determined by
the Secretary, in concurrence with the Broadcasting Board of
Governors, to support the functions transferred by this chapter.
(b) Transfer of Personnel.--Notwithstanding any other provision of
law--
(1) except as provided in subsection (c), all personnel and
positions of USIA employed or maintained to carry out the
functions transferred by this chapter to the Broadcasting Board
of Governors shall be transferred to the Broadcasting Board of
Governors at the same grade or class and the same rate of basic
pay or basic salary rate and with the same tenure held
immediately preceding transfer; and
(2) the personnel and positions of USIA, as determined by
the Secretary of State, with the concurrence of the Broadcasting
Board of Governors and the Director of USIA, to support the
functions transferred by this chapter shall be transferred to
the Broadcasting Board of Governors, including the International
Broadcasting Bureau, at the same grade or class and the same
rate of basic pay or basic salary rate and with the same tenure
held immediately preceding transfer.
(c) Transfer and Allocation of Property, Appropriations, and
Personnel Associated With Worldnet.--USIA personnel responsible for
carrying out interactive dialogs with foreign media and other similar
overseas public diplomacy programs using the Worldnet television
broadcasting system, and funds associated with such personnel, shall be
transferred to the Department of State in accordance with the provisions
of title XVI of this subdivision.
(d) Incidental Transfers.--The Director of the Office of
Management and Budget, when requested by the Broadcasting Board of
Governors, is authorized to make such incidental dispositions of
personnel, assets, liabilities, grants, contracts, property, records,
and unexpended balances of appropriations, authorizations, allocations,
and other funds held, used, arising from, available to, or to be made
available in connection with functions and offices
[[Page 112 STAT. 2681-783]]
transferred from USIA, as may be necessary to carry out the provisions
of this section.
SEC. 1327. <<NOTE: 22 USC 6543.>> SAVINGS PROVISIONS.
(a) Continuing Legal Force and Effect.--All orders, determinations,
rules, regulations, permits, agreements, grants, contracts,
certificates, licenses, registrations, privileges, and other
administrative actions--
(1) that have been issued, made, granted, or allowed to
become effective by the President, any Federal agency or
official thereof, or by a court of competent jurisdiction, in
the performance of functions exercised by the Broadcasting Board
of Governors of the United States Information Agency on the day
before the effective date of this title, and
(2) that are in effect at the time this title takes effect,
or were final before the effective date of this title and are to
become effective on or after the effective date of this title,
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance with law by
the President, the Broadcasting Board of Governors, or other authorized
official, a court of competent jurisdiction, or by operation of law.
(b) Pending Proceedings.--
(1) In general.--The provisions of this chapter, or
amendments made by this chapter, shall not affect any
proceedings, including notices of proposed rulemaking, or any
application for any license, permit, certificate, or financial
assistance pending before the Broadcasting Board of Governors of
the United States Information Agency at the time this title
takes effect, with respect to functions exercised by the Board
as of the effective date of this title but such proceedings and
applications shall be continued.
(2) Orders, appeals, and payments.--Orders shall be issued
in such proceedings, appeals shall be taken therefrom, and
payments shall be made pursuant to such orders, as if this
chapter had not been enacted, and orders issued in any such
proceedings shall continue in effect until modified, terminated,
superseded, or revoked by a duly authorized official, by a court
of competent jurisdiction, or by operation of law.
(3) Statutory construction.--Nothing in this subsection
shall be deemed to prohibit the discontinuance or modification
of any such proceeding under the same terms and conditions and
to the same extent that such proceeding could have been
discontinued or modified if this chapter had not been enacted.
(c) Nonabatement of Proceedings.--No suit, action, or other
proceeding commenced by or against any officer in the official capacity
of such individual as an officer of the Broadcasting Board of Governors,
or any commission or component thereof, shall abate by reason of the
enactment of this chapter. No cause of action by or against the
Broadcasting Board of Governors, or any commission or component thereof,
or by or against any officer thereof in the official capacity of such
officer, shall abate by reason of the enactment of this chapter.
(d) Continuation of Proceedings With Substitution of Parties.--
(1) Substitution of parties.--If, before the effective date
of this title, USIA or the Broadcasting Board of Governors,
[[Page 112 STAT. 2681-784]]
or any officer thereof in the official capacity of such officer,
is a party to a suit which is related to the functions
transferred by this chapter, then effective on such date such
suit shall be continued with the Broadcasting Board of Governors
or other appropriate official of the Board substituted or added
as a party.
(2) Liability of the board.--The Board shall participate in
suits continued under paragraph (1) where the Broadcasting Board
of Governors or other appropriate official of the Board is added
as a party and shall be liable for any judgments or remedies in
those suits or proceedings arising from the exercise of the
functions transferred by this chapter to the same extent that
USIA would have been liable if such judgment or remedy had been
rendered on the day before the abolition of USIA.
(e) Administrative Actions Relating to Promulgation of
Regulations.--Any administrative action relating to the preparation or
promulgation of a regulation by the Broadcasting Board of Governors
relating to a function exercised by the Board before the effective date
of this title may be continued by the Board with the same effect as if
this chapter had not been enacted.
(f) References.--Reference in any other Federal law, Executive
order, rule, regulation, or delegation of authority, or any document of
or relating to the Broadcasting Board of Governors of the United States
Information Agency with regard to functions exercised before the
effective date of this title, shall be deemed to refer to the Board.
SEC. 1328. <<NOTE: 22 USC 6544.>> REPORT ON THE PRIVATIZATION OF RFE/RL,
INCORPORATED.
Not later than March 1 of each year, the Broadcasting Board of
Governors shall submit to the appropriate congressional committees a
report on the progress of the Board and of RFE/RL, Incorporated, on any
steps taken to further the policy declared in section 312(a) of the
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995. The
report under this subsection shall include the following:
(1) Efforts by RFE/RL, Incorporated, to terminate individual
language services.
(2) A detailed description of steps taken with regard to
section 312(a) of that Act.
(3) An analysis of prospects for privatization over the
coming year.
(4) An assessment of the extent to which United States
Government funding may be appropriate in the year 2000 and
subsequent years for surrogate broadcasting to the countries to
which RFE/RL, Incorporated, broadcast during the year. This
assessment shall include an analysis of the environment for
independent media in those countries, noting the extent of
government control of the media, the ability of independent
journalists and news organizations to operate, relevant domestic
legislation, level of government harassment and efforts to
censor, and other indications of whether the people of such
countries enjoy freedom of expression.
[[Page 112 STAT. 2681-785]]
CHAPTER 4--CONFORMING AMENDMENTS
SEC. 1331. <<NOTE: 22 USC 6551.>> REFERENCES.
(a) In General.--Except as otherwise provided in this subdivision,
any reference in any statute, reorganization plan, Executive order,
regulation, agreement, determination, or other official document or
proceeding to--
(1) the Director of the United States Information Agency or
the Director of the International Communication Agency shall be
deemed to refer to the Secretary of State; and
(2) the United States Information Agency, USIA, or the
International Communication Agency shall be deemed to refer to
the Department of State.
(b) Continuing References to USIA or Director.--Subsection (a)
shall not apply to section 146 (a), (b), or (c) of the Foreign Relations
Authorization Act, Fiscal Years 1990 and 1991 (22 U.S.C. 4069a(f),
4069b(g), or 4069c(f)).
SEC. 1332. AMENDMENTS TO TITLE 5, UNITED STATES CODE.
Title 5, United States Code, is amended--
(1) in section 5313, by striking ``Director of the United
States Information Agency.'';
(2) in section 5315--
(A) by striking ``Deputy Director of the United
States Information Agency.''; and
(B) by striking ``Director of the International
Broadcasting Bureau, the United States Information
Agency.'' and inserting ``Director of the International
Broadcasting Bureau.''; and
(3) in section 5316--
(A) by striking ``Deputy Director, Policy and Plans,
United States Information Agency.''; and
(B) by striking ``Associate Director (Policy and
Plans), United States Information Agency.''.
SEC. 1333. <<NOTE: 22 USC 6552.>> APPLICATION OF CERTAIN LAWS.
(a) Application to Functions of Department of State.--Section 501
of Public Law 80-402 (22 U.S.C. 1461), section 202 of Public Law 95-426
(22 U.S.C. 1461-1), and section 208 of Public Law 99-93 (22 U.S.C. 1461-
1a) shall not apply to public affairs and other information
dissemination functions of the Secretary
of State as carried out prior to any transfer of functions pursuant to
this subdivision.
(b) Application to Functions Transferred to Department of State.--
Section 501 of Public Law 80-402 (22 U.S.C. 1461), section 202 of Public
Law 95-426 (22 U.S.C. 1461-1), and section 208 of Public Law 99-93 (22
U.S.C. 1461-1a) shall apply only to public diplomacy programs of the
Director of the United States Information Agency as carried out prior to
any transfer of functions pursuant to this subdivision to the same
extent that such programs were covered by these provisions prior to such
transfer.
(c) Limitation on Use of Funds.--Except as provided in section 501
of Public Law 80-402 and section 208 of Public Law 99-93, funds
specifically authorized to be appropriated for such public diplomacy
programs shall not be used to influence public opinion in the United
States, and no program material prepared
[[Page 112 STAT. 2681-786]]
using such funds shall be distributed or disseminated in the United
States.
(d) Reporting Requirements.--The report submitted pursuant to
section 1601(f) of this subdivision shall include a detailed statement
of the manner in which the special mission of public diplomacy carried
out by USIA prior to the transfer of functions under this subdivision
shall be preserved within the Department of State, including the planned
duties and responsibilities of any new bureaus that will perform such
public diplomacy functions. Such report shall also include the best
available estimates of--
(1) the amounts expended by the Department of State for
public affairs programs during fiscal year 1998, and on the
personnel and support costs for such programs;
(2) the amounts expended by USIA for its public diplomacy
programs during fiscal year 1998, and on the personnel and
support costs for such programs; and
(3) the amounts, including funds to be transferred from USIA
and funds appropriated to the Department, that will be allocated
for the programs described in paragraphs (1) and (2),
respectively, during the fiscal year in which the transfer of
functions from USIA to the Department occurs.
(e) Congressional Presentation Document.--The Department of
State's Congressional Presentation Document for fiscal year 2000 and
each fiscal year thereafter shall include--
(1) the aggregated amounts that the Department will spend on
such public diplomacy programs and on costs of personnel for
such programs, and a detailed description of the goals and
purposes for which such funds shall be expended; and
(2) the amount of funds allocated to and the positions
authorized for such public diplomacy programs, including bureaus
to be created upon the transfer of functions from USIA to the
Department.
SEC. 1334. <<NOTE: 22 USC 6553.>> ABOLITION OF UNITED STATES ADVISORY
COMMISSION ON PUBLIC DIPLOMACY.
(a) Abolition.--The United States Advisory Commission on Public
Diplomacy is abolished.
(b) Repeals.--Section 604 of the United States Information and
Educational Exchange Act of 1948 (22 U.S.C. 1469) and section 8 of
Reorganization Plan Numbered 2 of 1977 are repealed.
SEC. 1335. CONFORMING AMENDMENTS.
(a) The United States Information and Educational Exchange Act of
1948 (22 U.S.C. 1431 et seq.) is amended--
(1) in section 505 (22 U.S.C. 1464a)--
(A) by striking ``Director of the United States
Information Agency'' each place it appears and inserting
``Broadcasting Board of Governors'';
(B) by striking ``United States Information Agency''
each place it appears and inserting ``Broadcasting Board
of Governors'';
(C) in subsection (b)--
(i) by striking ``Agency's'' and all that
follows through `` `USIA-TV')'' and inserting
``television broadcasts of the United States
International Television Service''; and
[[Page 112 STAT. 2681-787]]
(ii) in paragraphs (1), (2), and (3), by
striking ``USIA-TV'' each place it appears and
inserting ``The United States International
Television Service''; and
(D) in subsections (d) and (e), by striking ``USIA-
TV'' each place it appears and inserting ``the United
States International Television Service'';
(2) in section 506(c) (22 U.S.C. 1464b(c))--
(A) by striking ``Director of the United States
Information Agency'' and inserting ``Broadcasting Board
of Governors'';
(B) by striking ``Agency'' and inserting ``Board'';
and
(C) by striking ``Director'' and inserting
``Board'';
(3) in section 705 (22 U.S.C 1477c)--
(A) by striking subsections (a) and (c); and
(B) in subsection (b)--
(i) by striking ``(b) In addition, the United
States Information Agency'' and inserting ``The
Department of State''; and
(ii) by striking ``program grants'' and
inserting ``grants for overseas public diplomacy
programs'';
(4) in section 801(7) (22 U.S.C. 1471(7))--
(A) by striking ``Agency'' and inserting ``overseas
public diplomacy''; and
(B) by inserting ``other'' after ``together with'';
and
(5) in section 812 (22 U.S.C. 1475g)--
(A) by striking ``United States Information Agency
post'' each place it appears and inserting ``overseas
public diplomacy post'';
(B) in subsection (a), by striking ``United States
Information Agency'' the first place it appears and
inserting ``Department of State'';
(C) in subsection (b), by striking ``Director of the
United States Information Agency'' and inserting
``Secretary of State''; and
(D) in the section heading, by striking ``USIA'' and
inserting ``OVERSEAS PUBLIC DIPLOMACY''.
(b) Section 212 of the Foreign Relations Authorization Act, Fiscal
Years 1992 and 1993 (22 U.S.C. 1475h) is amended--
(1) by striking ``United States Information Agency'' each
place it appears and inserting ``Department of State'';
(2) in subsection (a), by inserting ``for carrying out its
overseas public diplomacy functions'' after ``grants'';
(3) in subsection (b)--
(A) by striking ``a grant'' the first time it
appears and inserting ``an overseas public diplomacy
grant''; and
(B) in paragraph (1), by inserting ``such'' before
``a grant'' the first place it appears;
(4) in subsection (c)(1), by inserting ``overseas public
diplomacy'' before ``grants'';
(5) in subsection (c)(3), by inserting ``such'' before
``grant''; and
(6) by striking subsection (d).
(c) Section 602 of the National and Community Service Act of 1990
(22 U.S.C. 2452a) is amended--
(1) in the second sentence of subsection (a), by striking
``United States Information Agency'' and inserting ``Department
of State''; and
[[Page 112 STAT. 2681-788]]
(2) in subsection (b)--
(A) by striking ``appropriations account of the
United States Information Agency'' and inserting
``appropriate appropriations account of the Department
of State''; and
(B) by striking ``and the United States Information
Agency''.
(d) Section 305 of Public Law 97-446 (19 U.S.C. 2604) is amended in
the first sentence, by striking ``, after consultation with the Director
of the United States Information Agency,''.
(e) Section 601 of Public Law 103-227 (20 U.S.C. 5951(a)) is amended
by striking ``of the Director of the United States Information Agency
and with'' and inserting ``and''.
(f) Section 1003(b) of the Fascell Fellowship Act (22 U.S.C.
4902(b)) is amended--
(1) in the text above paragraph (1), by striking ``9
members'' and inserting ``7 members'';
(2) in paragraph (4), by striking ``Six'' and inserting
``Five'';
(3) by striking paragraph (3); and
(4) by redesignating paragraph (4) as paragraph (3).
(g) Section 803 of the Intelligence Authorization Act, Fiscal Year
1992 (50 U.S.C. 1903) is amended--
(1) in subsection (b)--
(A) by striking paragraph (6); and
(B) by redesignating paragraphs (7) and (8) as
paragraphs (6) and (7), respectively; and
(2) in subsection (c), by striking ``subsection (b)(7)'' and
inserting ``subsection (b)(6)''.
(h) Section 7 of the Federal Triangle Development Act (40 U.S.C.
1106) is amended--
(1) in subsection (c)(1)--
(A) in the text above subparagraph (A), by striking
``15 members'' and inserting ``14 members'';
(B) by striking subparagraph (F); and
(C) by redesignating subparagraphs (G) through (J)
as subparagraphs (F) through (I), respectively;
(2) in paragraphs (3) and (5) of subsection (c), by striking
``paragraph (1)(J)'' each place it appears and inserting
``paragraph (1)(I)''; and
(3) in subsection (d)(3) and subsection (e), by striking
``the Administrator and the Director of the United States
Information Agency'' each place it appears and inserting ``and
the Administrator''.
(i) Section 3 of the Woodrow Wilson Memorial Act of 1968 (Public Law
90-637; 20 U.S.C. 80f) is amended--
(1) in subsection (b)--
(A) in the text preceding paragraph (1), by striking
``19 members'' and inserting ``17 members'';
(B) by striking paragraph (7);
(C) by striking ``10'' in paragraph (10) and
inserting ``9''; and
(D) by redesignating paragraphs (8) through (10) as
paragraphs (7) through (9), respectively; and
(2) in subsection (c), by striking ``(9)'' and inserting
``(8)''.
(j) Section 624 of Public Law 89-329 (20 U.S.C. 1131c) is amended by
striking ``the United States Information Agency,''.
(k) The Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.) is
amended--
[[Page 112 STAT. 2681-789]]
(1) in section 202(a)(1) (22 U.S.C. 3922(a)(1)), by striking
``Director of the United States Information Agency'' and
inserting ``Broadcasting Board of Governors'';
(2) in section 210 (22 U.S.C. 3930), by striking ``United
States Information Agency'' and inserting ``Broadcasting Board
of Governors'';
(3) in section 1003(a) (22 U.S.C. 4103(a)), by striking
``United States Information Agency'' and inserting
``Broadcasting Board of Governors''; and
(4) in section 1101(c) (22 U.S.C. 4131(c)), by striking
``the United States Information Agency,'' and inserting
``Broadcasting Board of Governors,''.
(l) The State Department Authorities Act of 1956, as amended by this
division, is further amended--
(1) in section 23(a) (22 U.S.C. 2695(a)), by striking
``United States Information Agency'' and inserting
``Broadcasting Board of Governors'';
(2) in section 25(f) (22 U.S.C. 2697(f))--
(A) by striking ``Director of the United States
Information Agency'' and inserting ``Broadcasting Board
of Governors''; and
(B) by striking ``with respect to their respective
agencies'' and inserting ``with respect to the Board and
the Agency'';
(3) in section 26(b) (22 U.S.C. 2698(b)), as amended by this
division--
(A) by striking ``Director of the United States
Information Agency, the chairman of the Board for
International Broadcasting,'' and inserting
``Broadcasting Board of Governors,''; and
(B) by striking ``with respect to their respective
agencies'' and inserting ``with respect to the Board and
the Agency''; and
(4) in section 32 (22 U.S.C. 2704), as amended by this
division, by striking ``the Director of the United States
Information Agency'' and inserting ``the Broadcasting Board of
Governors''.
(m) Section 507(b)(3) of Public Law 103-317 (22 U.S.C.
2669a(b)(3)) is amended by striking ``, the United States Information
Agency,''.
(n) Section 502 of Public Law 92-352 (2 U.S.C. 194a) is amended by
striking ``the United States Information Agency,''.
(o) Section 6 of Public Law 104-288 (22 U.S.C. 2141d) is amended--
(1) in subsection (a), by striking ``Director of the United
States Information Agency,''; and
(2) in subsection (b), by striking ``the Director of the
United States Information Agency'' and inserting ``the Under
Secretary of State for Public Diplomacy''.
(p) Section 40118(d) of title 49, United States Code, is amended
by striking ``, the Director of the United States Information Agency,''.
(q) Section 155 of Public Law 102-138 <<NOTE: 22 USC 4001
note.>> is amended--
(1) by striking the comma before ``Department of Commerce''
and inserting ``and''; and
(2) by striking ``, and the United States Information
Agency''.
[[Page 112 STAT. 2681-790]]
(r) Section 107 of the Cuban Liberty and Democratic Solidarity
(LIBERTAD) Act of 1996 (22 U.S.C. 6037) is amended by striking
``Director of the United States Information Agency'' each place it
appears and inserting ``Director of the International Broadcasting
Bureau''.
SEC. 1336. REPEALS.
The following provisions are repealed:
(1) Sections 701 (22 U.S.C. 1476), 704 (22 U.S.C. 1477b),
807 (22 U.S.C 1475b), 808 (22 U.S.C 1475c), 811 (22 U.S.C
1475f), and 1009 (22 U.S.C. 1440) of the United States
Information and Educational Exchange Act of 1948.
(2) Section 106(c) of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2456(c)).
(3) Section 565(e) of the Anti-Economic Discrimination Act
of 1994 (22 U.S.C. 2679c(e)).
(4) <<NOTE: 22 USC 1475g note. 22 USC 4001 note. 5 USC app.;
22 USC 1461 note. 22 USC 1464a note.>> Section 206(b) of Public
Law 102-138.
(5) Section 2241 of Public Law 104-66.
(6) Sections 1 through 6 of Reorganization Plan Numbered 2
of 1977 (91 Stat. 636).
(7) Section 207 of the Foreign Relations Authorization Act,
Fiscal Years 1988 and 1989 (Public Law 100-204; 22 U.S.C. 1463
note).
TITLE XIV--UNITED STATES INTERNATIONAL DEVELOPMENT COOPERATION AGENCY
CHAPTER 1--GENERAL PROVISIONS
SEC. 1401. <<NOTE: 22 USC 6561 note.>> EFFECTIVE DATE.
This title, and the amendments made by this title, shall take effect
on the earlier of--
(1) April 1, 1999; or
(2) the date of abolition of the United States International
Development Cooperation Agency pursuant to the reorganization
plan described in section 1601.
CHAPTER 2--ABOLITION AND TRANSFER OF FUNCTIONS
SEC. 1411. <<NOTE: 22 USC 6561.>> ABOLITION OF UNITED STATES
INTERNATIONAL DEVELOPMENT COOPERATION AGENCY.
(a) In General.--Except for the components specified in subsection
(b), the United States International Development Cooperation Agency
(including the Institute for Scientific and Technological Cooperation)
is abolished.
(b) AID and OPIC Exempted.--Subsection (a) does not apply to the
Agency for International Development or the Overseas Private Investment
Corporation.
SEC. 1412. <<NOTE: 22 USC 6562.>> TRANSFER OF FUNCTIONS AND AUTHORITIES.
(a) Allocation of Funds.--
(1) Allocation to the secretary of state.--Funds made
available under the categories of assistance deemed allocated to
the Director of the International Development Cooperation Agency
under section 1-801 of Executive Order No. 12163 (22 U.S.C. 2381
note) as of October 1, 1997, shall be allocated
[[Page 112 STAT. 2681-791]]
to the Secretary of State on and after the effective date of
this title without further action by the President.
(2) Procedures for reallocations or transfers.--The
Secretary of State may allocate or transfer as appropriate any
funds received under paragraph (1) in the same manner as
previously provided for the Director of the International
Development Cooperation Agency under section 1-802 of that
Executive Order, as in effect on October 1, 1997.
(b) With Respect to the Overseas Private Investment Corporation.--
There are transferred to the Administrator of the Agency for
International Development all functions of the Director of the United
States International Development Cooperation Agency as of the day before
the effective date of this title with respect to the Overseas Private
Investment Corporation.
(c) Other Activities.--The authorities and functions transferred to
the United States International Development Cooperation Agency or the
Director of that Agency by section 6 of Reorganization Plan Numbered 2
of 1979 shall, to the extent such authorities and functions have not
been repealed, be transferred to those agencies or heads of agencies, as
the case may be, in which those authorities and functions were vested by
statute as of the day before the effective date of such reorganization
plan.
SEC. 1413. <<NOTE: 22 USC 6563.>> STATUS OF AID.
(a) In General.--Unless abolished pursuant to the reorganization
plan submitted under section 1601, and except as provided in section
1412, there is within the Executive branch of Government the United
States Agency for International Development as an entity described in
section 104 of title 5, United States Code.
(b) Retention of Officers.--Nothing in this section shall require
the reappointment of any officer of the United States serving in the
Agency for International Development of the United States International
Development Cooperation Agency as of the day before the effective date
of this title.
CHAPTER 3--CONFORMING AMENDMENTS
SEC. 1421. <<NOTE: 22 USC 6571.>> REFERENCES.
Except as otherwise provided in this subdivision, any reference in
any statute, reorganization plan, Executive order, regulation,
agreement, determination, or other official document or proceeding to
the United States International Development Cooperation Agency (IDCA) or
to the Director or any other officer or employee of IDCA--
(1) insofar as such reference relates to any function or
authority transferred under section 1412(a), shall be deemed to
refer to the Secretary of State;
(2) insofar as such reference relates to any function or
authority transferred under section 1412(b), shall be deemed to
refer to the Administrator of the Agency for International
Development;
(3) insofar as such reference relates to any function or
authority transferred under section 1412(c), shall be deemed to
refer to the head of the agency to which such function or
authority is transferred under such section; and
(4) insofar as such reference relates to any function or
authority not transferred by this title, shall be deemed to
[[Page 112 STAT. 2681-792]]
refer to the President or such agency or agencies as may be
specified by Executive order.
SEC. 1422. CONFORMING AMENDMENTS.
<<NOTE: 5 USC app.; 22 USC 2381 note.>> (a) Termination of
Reorganization Plans and Delegations.--The following shall cease to be
effective:
(1) Reorganization Plan Numbered 2 of 1979 (5 U.S.C. App.).
(2) Section 1-101 through 1-103, sections 1-401 through 1-
403, section 1-801(a), and such other provisions that relate to
the United States International Development Cooperation Agency
or the Director of IDCA, of Executive Order No. 12163 (22 U.S.C.
2381 note; relating to administration of foreign assistance and
related functions).
(3) The International Development Cooperation Agency
Delegation of Authority Numbered 1 (44 Fed. Reg. 57521), except
for section 1-6 of such Delegation of Authority.
(4) <<NOTE: 22 USC 5812 note.>> Section 3 of Executive Order
No. 12884 (58 Fed. Reg. 64099; relating to the delegation of
functions under the Freedom for Russia and Emerging Eurasian
Democracies and Open Markets Support Act of 1992, the Foreign
Assistance Act of 1961, the Foreign Operations, Export Financing
and Related Programs Appropriations Act, 1993, and section 301
of title 3, United States Code).
(b) Other Statutory Amendments and Repeal.--
(1) Title 5.--Section 7103(a)(2)(B)(iv) of title 5, United
States Code, is amended by striking ``United States
International Development Cooperation Agency'' and inserting
``Agency for International Development''.
(2) Inspector general act of 1978.--Section 8A of the
Inspector General Act of 1978 (5 U.S.C. App. 3) is amended--
(A) in subsection (a)--
(i) by striking ``Development'' through ``(1)
shall'' and inserting ``Development shall'';
(ii) by striking ``; and'' at the end of
subsection (a)(1) and inserting a period; and
(iii) by striking paragraph (2);
(B) by striking subsections (c) and (f); and
(C) by redesignating subsections (d), (e), (g), and
(h) as subsections (c), (d), (e), and (f), respectively.
(3) State department basic authorities act of 1956.--The
State Department Basic Authorities Act of 1956 is amended--
(A) in section 25(f) (22 U.S.C. 2697(f)), as amended
by this division, by striking ``Director of the United
States International Development Cooperation Agency''
and inserting ``Administrator of the Agency for
International Development'';
(B) in section 26(b) (22 U.S.C. 2698(b)), as amended
by this divisionAct, by striking ``Director of the
United States International Development Cooperation
Agency'' and inserting ``Administrator of the Agency for
International Development''; and
(C) in section 32 (22 U.S.C. 2704), by striking
``Director of the United States International
Development Cooperation Agency'' and inserting
``Administrator of the Agency for International
Development''.
[[Page 112 STAT. 2681-793]]
(4) Foreign service act of 1980.--The Foreign Service Act of
1980 is amended--
(A) in section 202(a)(1) (22 U.S.C. 3922(a)(1)), by
striking ``Director of the United States International
Development Cooperation Agency'' and inserting
``Administrator of the Agency for International
Development'';
(B) in section 210 (22 U.S.C. 3930), by striking
``United States International Development Cooperation
Agency'' and inserting ``Agency for International
Development'';
(C) in section 1003(a) (22 U.S.C. 4103(a)), by
striking ``United States International Development
Cooperation Agency'' and inserting ``Agency for
International Development''; and
(D) in section 1101(c) (22 U.S.C. 4131(c)), by
striking ``United States International Development
Cooperation Agency'' and inserting ``Agency for
International Development''.
(5) Repeal.--Section 413 of Public Law 96-53 (22 U.S.C.
3512) is repealed.
(6) Title 49.--Section 40118(d) of title 49, United States
Code, is amended by striking ``the Director of the United States
International Development Cooperation Agency'' and inserting
``or the Administrator of the Agency for International
Development''.
(7) Export administration act of 1979.--Section 2405(g) of
the Export Administration Act of 1979 (50 U.S.C. App. 2405(g))
is amended--
(A) by striking ``Director of the United States
International Development Cooperation Agency'' each
place it appears and inserting ``Administrator of the
Agency for International Development''; and
(B) in the fourth sentence, by striking ``Director''
and inserting ``Administrator''.
TITLE XV--AGENCY FOR INTERNATIONAL DEVELOPMENT
CHAPTER 1--GENERAL PROVISIONS
SEC. 1501. <<NOTE: 22 USC 6581 note.>> EFFECTIVE DATE.
This title, and the amendments made by this title, shall take effect
on the earlier of--
(1) April 1, 1999; or
(2) the date of reorganization of the Agency for
International Development pursuant to the reorganization plan
described in section 1601.
CHAPTER 2--REORGANIZATION AND TRANSFER OF FUNCTIONS
SEC. 1511. REORGANIZATION OF AGENCY FOR <<NOTE: 22 USC
6581.>> INTERNATIONAL DEVELOPMENT.
(a) In General.--The Agency for International Development shall be
reorganized in accordance with this subdivision and the reorganization
plan transmitted pursuant to section 1601.
(b) Functions To Be Transferred.--The reorganization of the Agency
for International Development shall provide, at a
[[Page 112 STAT. 2681-794]]
minimum, for the transfer to and consolidation with the Department of
State of the following functions of AID:
(1) The Press office.
(2) Certain administrative functions.
CHAPTER 3--AUTHORITIES OF THE SECRETARY OF STATE
SEC. 1521. <<NOTE: 22 USC 6591.>> DEFINITION OF UNITED STATES
ASSISTANCE.
In this chapter, the term ``United States assistance'' means
development and other economic assistance, including assistance made
available under the following provisions of law:
(1) Chapter 1 of part I of the Foreign Assistance Act of
1961 (relating to development assistance).
(2) Chapter 4 of part II of the Foreign Assistance Act of
1961 (relating to the economic support fund).
(3) Chapter 10 of part I of the Foreign Assistance Act of
1961 (relating to the Development Fund for Africa).
(4) Chapter 11 of part I of the Foreign Assistance Act of
1961 (relating to assistance for the independent states of the
former Soviet Union).
(5) The Support for East European Democracy Act (22 U.S.C.
5401 et seq.).
SEC. 1522. <<NOTE: 22 USC 6592.>> ADMINISTRATOR OF AID REPORTING TO THE
SECRETARY OF STATE.
The Administrator of the Agency for International Development,
appointed pursuant to section 624(a) of the Foreign Assistance Act of
1961 (22 U.S.C. 2384(a)), shall report to and be under the direct
authority and foreign policy guidance of the Secretary of State.
SEC. 1523. <<NOTE: 22 USC 6593.>> ASSISTANCE PROGRAMS COORDINATION AND
OVERSIGHT.
(a) Authority of the Secretary of State.--
(1) In general.--Under the direction of the President, the
Secretary of State shall coordinate all United States assistance
in accordance with this section, except as provided in
paragraphs (2) and (3).
(2) Export promotion activities.--Coordination of activities
relating to promotion of exports of United States goods and
services shall continue to be primarily the responsibility of
the Secretary of Commerce.
(3) International economic activities.--Coordination of
activities relating to United States participation in
international financial institutions and relating to
organization of multilateral efforts aimed at currency
stabilization, currency convertibility, debt reduction, and
comprehensive economic reform programs shall continue to be
primarily the responsibility of the Secretary of the Treasury.
(4) Authorities and powers of the secretary of state.--The
powers and authorities of the Secretary provided in this chapter
are in addition to the powers and authorities provided to the
Secretary under any other Act, including section 101(b) and
section 622(c) of the Foreign Assistance Act of 1961 (22 U.S.C.
2151(b), 2382(c)).
(b) Coordination Activities.--Coordination activities of the
Secretary of State under subsection (a) shall include--
[[Page 112 STAT. 2681-795]]
(1) approving an overall assistance and economic cooperation
strategy;
(2) ensuring program and policy coordination among agencies
of the United States Government in carrying out the policies set
forth in the Foreign Assistance Act of 1961, the Arms Export
Control Act, and other relevant assistance Acts;
(3) pursuing coordination with other countries and
international organizations; and
(4) resolving policy, program, and funding disputes among
United States Government agencies.
(c) Statutory Construction.--Nothing in this section may be
construed to lessen the accountability of any Federal agency
administering any program, project, or activity of United States
assistance for any funds made available to the Federal agency for that
purpose.
(d) Authority To Provide Personnel of the Agency for International
Development.--The Administrator of the Agency for International
Development is authorized to detail to the Department of State on a
nonreimbursable basis such personnel employed by the Agency as the
Secretary of State may require to carry out this section.
TITLE XVI--TRANSITION
CHAPTER 1--REORGANIZATION PLAN
SEC. 1601. <<NOTE: President. 22 USC 6601.>> REORGANIZATION PLAN AND
REPORT.
(a) Submission of Plan and Report.--Not later than 60 days after the
date of the enactment of this Act, the President shall transmit to the
appropriate congressional committees a reorganization plan and report
regarding--
(1) the abolition of the United States Arms Control and
Disarmament Agency, the United States Information Agency, and
the United States International Development Cooperation Agency
in accordance with this subdivision;
(2) with respect to the Agency for International
Development, the consolidation and streamlining of the Agency
and the transfer of certain functions of the Agency to the
Department in accordance with section 1511;
(3) the termination of functions of each covered agency as
may be necessary to effectuate the reorganization under this
subdivision, and the termination of the affairs of each agency
abolished under this subdivision;
(4) the transfer to the Department of the functions and
personnel of each covered agency consistent with the provisions
of this subdivision; and
(5) the consolidation, reorganization, and streamlining of
the Department in connection with the transfer of such functions
and personnel in order to carry out such functions.
(b) Covered Agencies.--The agencies covered by this section are the
following:
(1) The United States Arms Control and Disarmament Agency.
(2) The United States Information Agency.
(3) The United States International Development Cooperation
Agency.
(4) The Agency for International Development.
[[Page 112 STAT. 2681-796]]
(c) Plan Elements.--The plan transmitted under subsection (a) shall
contain, consistent with this subdivision, such elements as the
President deems appropriate, including elements that--
(1) identify the functions of each covered agency that will
be transferred to the Department under the plan;
(2) specify the steps to be taken by the Secretary of State
to reorganize internally the functions of the Department,
including the consolidation of offices and functions, that will
be required under the plan in order to permit the Department to
carry out the functions transferred to it under the plan;
(3) specify the funds available to each covered agency that
will be transferred to the Department as a result of the
transfer of functions of such agency to the Department;
(4) specify the proposed allocations within the Department
of unexpended funds transferred in connection with the transfer
of functions under the plan; and
(5) specify the proposed disposition of the property,
facilities, contracts, records, and other assets and liabilities
of each covered agency in connection with the transfer of the
functions of such agency to the Department.
(d) Reorganization Plan of Agency for International Development.--In
addition to applicable provisions of subsection (c), the reorganization
plan transmitted under this section for the Agency for International
Development--
(1) may provide for the abolition of the Agency for
International Development and the transfer of all its functions
to the Department of State; or
(2) in lieu of the abolition and transfer of functions under
paragraph (1)--
(A) shall provide for the transfer to and
consolidation within the Department of the functions set
forth in section 1511; and
(B) may provide for additional consolidation,
reorganization, and streamlining of AID, including--
(i) the termination of functions and
reductions in personnel of AID;
(ii) the transfer of functions of AID, and the
personnel associated with such functions, to the
Department; and
(iii) the consolidation, reorganization, and
streamlining of the Department upon the transfer
of such functions and personnel in order to carry
out the functions transferred.
(e) Modification of Plan.--The President may, on the basis of
consultations with the appropriate congressional committees, modify or
revise any part of the plan transmitted under subsection (a) until that
part of the plan becomes effective in accordance with subsection (g).
(f) Report.--The report accompanying the reorganization plan for the
Department and the covered agencies submitted pursuant to this section
shall describe the implementation of the plan and shall include--
(1) a detailed description of--
(A) the actions necessary or planned to complete the
reorganization,
(B) the anticipated nature and substance of any
orders, directives, and other administrative and
operational actions
[[Page 112 STAT. 2681-797]]
which are expected to be required for completing or
implementing the reorganization, and
(C) any preliminary actions which have been taken in
the implementation process;
(2) the number of personnel and positions of each covered
agency (including civil service personnel, Foreign Service
personnel, and detailees) that are expected to be transferred to
the Department, separated from service with such agency, or
eliminated under the plan, and a projected schedule for such
transfers, separations, and terminations;
(3) the number of personnel and positions of the Department
(including civil service personnel, Foreign Service personnel,
and detailees) that are expected to be transferred within the
Department, separated from service with the Department, or
eliminated under the plan, and a projected schedule for such
transfers, separations, and terminations;
(4) a projected schedule for completion of the
implementation process; and
(5) recommendations, if any, for legislation necessary to
carry out changes made by this subdivision relating to personnel
and to incidental transfers.
(g) Effective Date.--
(1) In general.--The reorganization plan described in this
section, including any modifications or revisions of the plan
under subsection (e), shall become effective on the earlier of
the date for the respective covered agency specified in
paragraph (2) or the date announced by the President under
paragraph (3).
(2) Statutory effective dates.--The effective dates under
this paragraph for the reorganization plan described in this
section are the following:
(A) April 1, 1999, with respect to functions of the
Agency for International Development described in
section 1511.
(B) April 1, 1999, with respect to the abolition of
the United States Arms Control and Disarmament Agency
and the United States International Development
Cooperation Agency.
(C) October 1, 1999, with respect to the abolition
of the United States Information Agency.
<<NOTE: Federal Register, publication.>> (3) Effective date
by presidential determination.--An effective date under this
paragraph for a reorganization plan described in this section is
such date as the President shall determine to be appropriate and
announce by notice published in the Federal Register, which date
may be not earlier than 90 calendar days after the President has
transmitted the reorganization plan to the appropriate
congressional committees pursuant to subsection (a).
(4) Statutory construction.--Nothing in this subsection may
be construed to require the transfer of functions, personnel,
records, balance of appropriations, or other assets of a covered
agency on a single date.
<<NOTE: Applicability.>> (5) Supersedes existing law.--
Paragraph (1) shall apply notwithstanding section 905(b) of
title 5, United States Code.
(h) Publication.--The <<NOTE: Federal Register,
publication.>> reorganization plan described in this section shall be
printed in the Federal Register after the date upon which it first
becomes effective.
[[Page 112 STAT. 2681-798]]
CHAPTER 2--REORGANIZATION AUTHORITY
SEC. 1611. <<NOTE: 22 USC 6611.>> REORGANIZATION AUTHORITY.
(a) In General.--The Secretary is authorized, subject to the
requirements of this subdivision, to allocate or reallocate any function
transferred to the Department under any title of this subdivision, and
to establish, consolidate, alter, or discontinue such organizational
entities within the Department as may be necessary or appropriate to
carry out any reorganization under this subdivision, but this subsection
does not authorize the Secretary to modify the terms of any statute that
establishes or defines the functions of any bureau, office, or officer
of the Department.
(b) Requirements and Limitations on Reorganization Plan.--The
reorganization plan transmitted under section 1601 may not have the
effect of--
(1) creating a new executive department;
(2) continuing a function beyond the period authorized by
law for its exercise or beyond the time when it would have
terminated if the reorganization had not been made;
(3) authorizing a Federal agency to exercise a function
which is not authorized by law at the time the plan is
transmitted to Congress;
(4) creating a new Federal agency which is not a component
or part of an existing executive department or independent
agency; or
(5) increasing the term of an office beyond that provided by
law for the office.
SEC. 1612. <<NOTE: 22 USC 6612.>> TRANSFER AND ALLOCATION OF
APPROPRIATIONS.
(a) In General.--Except as otherwise provided in this subdivision,
the assets, liabilities (including contingent liabilities arising from
suits continued with a substitution or addition of parties under section
1615(e)), contracts, property, records, and unexpended balance of
appropriations, authorizations, allocations, and other funds employed,
held, used, arising from, available to, or to be made available in
connection with the functions and offices, or portions thereof,
transferred by any title of this subdivision shall be transferred to the
Secretary for appropriate allocation.
(b) Limitation on Use of Transferred Funds.--Except as provided in
subsection (c), unexpended and unobligated funds transferred pursuant to
any title of this subdivision shall be used only for the purposes for
which the funds were originally authorized and appropriated.
(c) Funds To Facilitate Transition.--
(1) Congressional notification.--Funds transferred pursuant
to subsection (a) may be available for the purposes of
reorganization subject to notification of the appropriate
congressional committees in accordance with the procedures
applicable to a reprogramming of funds under section 34 of the
State Department Basic Authorities Act of 1956 (22 U.S.C. 2706).
(2) Transfer authority.--Funds in any account appropriated
to the Department of State may be transferred to another such
account for the purposes of reorganization, subject to
notification of the appropriate congressional committees in
accordance with the procedures applicable to a reprogramming of
funds under section 34 of the State Department Basic
[[Page 112 STAT. 2681-799]]
Authorities Act of 1956 (22 U.S.C. 2706). The authority in this
paragraph is in addition to any other transfer authority
available to the Secretary of State and shall expire September
30, 2000.
SEC. 1613. <<NOTE: 22 USC 6613.>> TRANSFER, APPOINTMENT, AND ASSIGNMENT
OF PERSONNEL.
(a) Transfer of Personnel From ACDA and USIA.--Except as otherwise
provided in title XIII--
(1) not later than the date of abolition of ACDA, all
personnel and positions of ACDA, and
(2) not later than the date of abolition of USIA, all
personnel and positions of USIA,
shall be transferred to the Department of State at the same grade or
class and the same rate of basic pay or basic salary rate and with the
same tenure held immediately preceding transfer.
(b) Transfer of Personnel From AID.--Except as otherwise provided in
title XIII, not later than the date of transfer of any function of AID
to the Department of State under this subdivision, all AID personnel
performing such functions and all positions associated with such
functions shall be transferred to the Department of State at the same
grade or class and the same rate of basic pay or basic salary rate and
with the same tenure held immediately preceding transfer.
(c) Assignment Authority.--The Secretary, for a period of not more
than 6 months commencing on the effective date of the transfer to the
Department of State of personnel under subsections (a) and (b), is
authorized to assign such personnel to any position or set of duties in
the Department of State regardless of the position held or duties
performed by such personnel prior to transfer, except that, by virtue of
such assignment, such personnel shall not have their grade or class or
their rate of basic pay or basic salary rate reduced, nor their tenure
changed.
The Secretary shall consult with the relevant exclusive representatives
(as defined in section 1002 of the Foreign Service Act and in section
7103 of title 5, United States Code) with regard to the exercise of this
authority. This subsection does not authorize the Secretary to assign
any individual to any position that by law requires appointment by the
President, by and with the advice and consent of the Senate.
(d) Superseding Other Provisions of Law.--Subsections (a) through
(c) shall be exercised notwithstanding any other provision of law.
SEC. 1614. INCIDENTAL <<NOTE: 22 USC 6614.>> TRANSFERS.
The Director of the Office of Management and Budget, when
requested by the Secretary, is authorized to make such incidental
dispositions of personnel, assets, liabilities, grants, contracts,
property, records, and unexpended balances of appropriations,
authorizations, allocations, and other funds held, used, arising from,
available to, or to be made available in connection with such functions,
as may be necessary to carry out the provisions of any title of this
subdivision. The Director of the Office of Management and Budget, in
consultation with the Secretary, shall provide for the termination of
the affairs of all entities terminated by this subdivision and for such
further measures and dispositions as may be necessary to effectuate the
purposes of any title of this subdivision.
[[Page 112 STAT. 2681-800]]
SEC. 1615. <<NOTE: 22 USC 6615.>> SAVINGS PROVISIONS.
(a) Continuing Legal Force and Effect.--All orders,
determinations, rules, regulations, permits, agreements, grants,
contracts, certificates, licenses, registrations, privileges, and other
administrative actions--
(1) that have been issued, made, granted, or allowed to
become effective by the President, any Federal agency or
official thereof, or by a court of competent jurisdiction, in
the performance of functions that are transferred under any
title of this subdivision; and
(2) that are in effect as of the effective date of such
title, or were final before the effective date of such title and
are to become effective on or after the effective date of such
title,
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance with law by
the President, the Secretary, or other authorized official, a court of
competent jurisdiction, or by operation of law.
(b) Pending Proceedings.--
(1) In general.--The provisions of any title of this
subdivision shall not affect any proceedings, including notices
of proposed rulemaking, or any application for any license,
permit, certificate, or financial assistance pending on the
effective date of any title of this subdivision before any
Federal agency, commission, or component thereof, functions of
which are transferred by any title of this subdivision. Such
proceedings and applications, to the extent that they relate to
functions so transferred, shall be continued.
(2) Orders, appeals, payments.--Orders shall be issued in
such proceedings, appeals shall be taken therefrom, and payments
shall be made pursuant to such orders, as if this subdivision
had not been enacted. Orders issued in any such proceedings
shall continue in effect until modified, terminated, superseded,
or revoked by the Secretary, by a court of competent
jurisdiction, or by operation of law.
(3) Statutory construction.--Nothing in this subdivision
shall be deemed to prohibit the discontinuance or modification
of any such proceeding under the same terms and conditions and
to the same extent that such proceeding could have been
discontinued or modified if this subdivision had not been
enacted.
(4) Regulations.--The Secretary is authorized to promulgate
regulations providing for the orderly transfer of proceedings
continued under this subsection to the Department.
(c) No Effect on Judicial or Administrative Proceedings.--Except as
provided in subsection (e) and section 1327(d)--
(1) the provisions of this subdivision shall not affect
suits commenced prior to the effective dates of the respective
titles of this subdivision; and
(2) in all such suits, proceedings shall be had, appeals
taken, and judgments rendered in the same manner and effect as
if this subdivision had not been enacted.
(d) Nonabatement of Proceedings.--No suit, action, or other
proceeding commenced by or against any officer in the official capacity
of such individual as an officer of any Federal agency, or any
commission or component thereof, functions of which are transferred by
any title of this subdivision, shall abate by reason of the enactment of
this subdivision. No cause of action by or
[[Page 112 STAT. 2681-801]]
against any Federal agency, or any commission or component thereof,
functions of which are transferred by any title of this subdivision, or
by or against any officer thereof in the official capacity of such
officer shall abate by reason of the enactment of this subdivision.
(e) Continuation of Proceeding With Substitution of Parties.--If,
before the effective date of any title of this subdivision, any Federal
agency, or officer thereof in the official capacity of such officer, is
a party to a suit, and under this subdivision any function of such
department, agency, or officer is transferred to the Secretary or any
other official of the Department, then effective on such date such suit
shall be continued with the Secretary or other appropriate official of
the Department substituted or added as a party.
(f) Reviewability of Orders and Actions Under Transferred
Functions.--Orders and actions of the Secretary in the exercise of
functions transferred under any title of this subdivision shall be
subject to judicial review to the same extent and in the same manner as
if such orders and actions had been by the Federal agency or office, or
part thereof, exercising such functions immediately preceding their
transfer. Any statutory requirements relating to notice, hearings,
action upon the record, or administrative review that apply to any
function transferred by any title of this subdivision shall apply to the
exercise of such function by the Secretary.
SEC. 1616. <<NOTE: 22 USC 6616.>> AUTHORITY OF SECRETARY OF STATE TO
FACILITATE TRANSITION.
Notwithstanding any provision of this subdivision, the Secretary of
State, with the concurrence of the head of the appropriate Federal
agency exercising functions transferred under this subdivision, may
transfer the whole or part of such functions prior to the effective
dates established in this subdivision, including the transfer of
personnel and funds associated with such functions.
SEC. 1617. <<NOTE: President. 22 USC 6617.>> FINAL REPORT.
Not later than January 1, 2001, the President, in consultation with
the Secretary of the Treasury and the Director of the Office of
Management and Budget, shall submit to the appropriate congressional
committees a report which provides a final accounting of the finances
and operations of the agencies abolished under this subdivision.
SUBDIVISION B--FOREIGN RELATIONS <<NOTE: Foreign Relations Authorization
Act, Fiscal Years 1998 and 1999. 22 USC 2651 note.>> AUTHORIZATION
TITLE XX--GENERAL PROVISIONS
SEC. 2001. SHORT TITLE.
This subdivision may be cited as the ``Foreign Relations
Authorization Act, Fiscal Years 1998 and 1999''.
SEC. 2002. DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITTEES.
In this subdivision, the term ``appropriate congressional
committees'' means the Committee on International Relations of the House
of Representatives and the Committee on Foreign Relations of the Senate.
[[Page 112 STAT. 2681-802]]
TITLE XXI--AUTHORIZATION OF APPROPRIATIONS FOR DEPARTMENT OF STATE
SEC. 2101. ADMINISTRATION OF FOREIGN AFFAIRS.
The following amounts are authorized to be appropriated for the
Department of State under ``Administration of Foreign Affairs'' to carry
out the authorities, functions, duties, and responsibilities in the
conduct of the foreign affairs of the United States and for other
purposes authorized by law, including the diplomatic security program:
(1) Diplomatic and consular programs.--For ``Diplomatic and
Consular Programs'', of the Department of State $1,730,000,000
for the fiscal year 1998 and $1,644,300,000 for the fiscal year
1999.
(2) Salaries and expenses.--
(A) Authorization of appropriations.--For ``Salaries
and Expenses'', of the Department of State $363,513,000
for the fiscal year 1998 and $355,000,000 for the fiscal
year 1999.
(B) Limitations.--Of the amounts authorized to be
appropriated by subparagraph (A), $2,000,000 for fiscal
year 1998 and $2,000,000 for the fiscal year 1999 are
authorized to be appropriated only for the recruitment
of minorities for careers in the Foreign Service and
international affairs.
(3) Capital investment fund.--For ``Capital Investment
Fund'', of the Department of State $86,000,000 for the fiscal
year 1998 and $80,000,000 for the fiscal year 1999.
(4) Security and maintenance of united states missions.--For
``Security and Maintenance of United States Missions'',
$404,000,000 for the fiscal year 1998 and $403,561,000 for the
fiscal year 1999.
(5) Representation allowances.--For ``Representation
Allowances'', $4,200,000 for the fiscal year 1998 and $4,350,000
for the fiscal year 1999.
(6) Emergencies in the diplomatic and consular service.--For
``Emergencies in the Diplomatic and Consular Service'',
$5,500,000 for the fiscal year 1998 and $5,500,000 for the
fiscal year 1999.
(7) Office of the inspector general.--For ``Office of the
Inspector General'', $27,495,000 for the fiscal year 1998 and
$27,495,000 for the fiscal year 1999.
(8) Payment to the american institute in taiwan.--For
``Payment to the American Institute in Taiwan'', $14,000,000 for
the fiscal year 1998 and $14,750,000 for the fiscal year 1999.
(9) Protection of foreign missions and officials.--(A) For
``Protection of Foreign Missions and Officials'', $7,900,000 for
the fiscal year 1998 and $8,100,000 for the fiscal year 1999.
(B) Each amount appropriated pursuant to this paragraph is
authorized to remain available through
September 30 of the fiscal year following the fiscal year for which the
amount appropriated was made.
(10) Repatriation loans.--For ``Repatriation Loans'',
$1,200,000 for the fiscal year 1998 and $1,200,000 for the
fiscal year 1999, for administrative expenses.
[[Page 112 STAT. 2681-803]]
SEC. 2102. INTERNATIONAL COMMISSIONS.
The following amounts are authorized to be appropriated under
``International Commissions'' for the Department of State to carry out
the authorities, functions, duties, and responsibilities in the conduct
of the foreign affairs of the United States and for other purposes
authorized by law:
(1) International boundary and water commission, united
states and mexico.--For ``International Boundary and Water
Commission, United States and Mexico''--
(A) for ``Salaries and Expenses'' $17,490,000 for
the fiscal year 1998 and $19,551,000 for the fiscal year
1999; and
(B) for ``Construction'' $6,463,000 for the fiscal
year 1998 and $6,463,000 for the fiscal year 1999.
(2) International boundary commission, united states and
canada.--For ``International Boundary Commission, United States
and Canada'', $761,000 for the fiscal year 1998 and $761,000 for
the fiscal year 1999.
(3) International joint commission.--For ``International
Joint Commission'', $3,189,000 for the fiscal year 1998 and
$3,432,000 for the fiscal year 1999.
(4) International fisheries commissions.--For
``International Fisheries Commissions'', $14,549,000 for the
fiscal year 1998 and $14,549,000 for the fiscal year 1999.
SEC. 2103. GRANTS TO THE ASIA FOUNDATION.
Section 404 of The Asia Foundation Act (title IV of Public Law 98-
164) <<NOTE: 22 USC 4403.>> is amended to read as follows:
``Sec. 404. There are authorized to be appropriated to the Secretary
of State $10,000,000 for each of the fiscal years 1998 and 1999 for
grants to The Asia Foundation pursuant to this title.''.
SEC. 2104. VOLUNTARY CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS.
(a) Authorization of Appropriations.--There are authorized to be
appropriated for ``Voluntary Contributions to International
Organizations'', $194,500,000 for the fiscal year 1998 and $214,000,000
for the fiscal year 1999.
(b) Limitations.--
(1) World food program.--Of the amounts authorized to be
appropriated under subsection (a), $4,000,000 for the fiscal
year 1998 and $2,000,000 for the fiscal year 1999 are authorized
to be appropriated only for a United States contribution to the
World Food Program.
(2) United nations voluntary fund for victims of torture.--
Of the amount authorized to be appropriated under subsection
(a), $3,000,000 for the fiscal year 1998 and $3,000,000 for the
fiscal year 1999 are authorized to be appropriated only for a
United States contribution to the United Nations Voluntary Fund
for Victims of Torture.
(3) International program on the elimination of child
labor.--Of the amounts authorized to be appropriated under
subsection (a), $5,000,000 for the fiscal year 1998 and
$5,000,000 for the fiscal year 1999 are authorized to be
appropriated only for a United States contribution to the
[[Page 112 STAT. 2681-804]]
International Labor Organization for the activities of the
International Program on the Elimination of Child Labor.
(c) Availability of Funds.--Amounts authorized to be appropriated
under subsection (a) are authorized to remain available until expended.
SEC. 2105. VOLUNTARY CONTRIBUTIONS TO PEACEKEEPING OPERATIONS.
There are authorized to be appropriated for ``Peacekeeping
Operations'', $77,500,000 for the fiscal year 1998 and $83,000,000 for
the fiscal year 1999 for the Department of State to carry out section
551 of Public Law 87-195.
SEC. 2106. <<NOTE: President.>> LIMITATION ON UNITED STATES VOLUNTARY
CONTRIBUTIONS TO UNITED NATIONS DEVELOPMENT PROGRAM.
(a) Limitation.--Of the amounts made available for fiscal years 1998
and 1999 for United States voluntary contributions to the United Nations
Development Program an amount equal to the amount the United Nations
Development Program will spend in Burma during each fiscal year shall be
withheld unless during such fiscal year the President submits to the
appropriate congressional committees the certification described in
subsection (b).
(b) Certification.--The certification referred to in subsection (a)
is a certification by the President that all programs and activities of
the United Nations Development Program (including United Nations
Development Program--Administered Funds) in Burma--
(1) are focused on eliminating human suffering and
addressing the needs of the poor;
(2) are undertaken only through international or private
voluntary organizations that have been deemed independent of the
State Law and Order Restoration Council (SLORC), after
consultation with the leadership of the National League for
Democracy and the leadership of the National Coalition
Government of the Union of Burma;
(3) provide no financial, political, or military benefit to
the SLORC; and
(4) are carried out only after consultation with the
leadership of the National League for Democracy and the
leadership of the National Coalition Government of the Union of
Burma.
TITLE XXII--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES
CHAPTER 1--AUTHORITIES AND ACTIVITIES
SEC. 2201. REIMBURSEMENT OF DEPARTMENT OF STATE FOR ASSISTANCE TO
OVERSEAS EDUCATIONAL FACILITIES.
Section 29 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2701) is amended by adding at the end the following:
``Notwithstanding any other provision of law, where the child of a
United States citizen employee of an agency of the United States
Government who is stationed outside the United States attends an
educational facility assisted by the Secretary of State under this
section, the head of that agency is authorized to reimburse, or credit
with advance payment, the Department of State for funds used in
providing assistance to such educational facilities, by grant or
otherwise, under this section.''.
[[Page 112 STAT. 2681-805]]
SEC. 2202. REVISION OF DEPARTMENT OF STATE REWARDS PROGRAM.
Section 36 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2708) is amended to read as follows:
``SEC. 36. <<NOTE: 22 USC 2708.>> DEPARTMENT OF STATE REWARDS PROGRAM.
``(a) Establishment.--
``(1) In general.--There is established a program for the
payment of rewards to carry out the purposes of this section.
``(2) Purpose.--The rewards program shall be designed to
assist in the prevention of acts of international terrorism,
international narcotics trafficking, and other related criminal
acts.
``(3) Implementation.--The rewards program shall be
administered by the Secretary of State, in consultation, as
appropriate, with the Attorney General.
``(b) Rewards Authorized.--In the sole discretion of the Secretary
(except as provided in subsection (c)(2)) and in consultation, as
appropriate, with the Attorney General, the Secretary may pay a reward
to any individual who furnishes information leading to--
``(1) the arrest or conviction in any country of any
individual for the commission of an act of international
terrorism against a United States person or United States
property;
``(2) the arrest or conviction in any country of any
individual conspiring or attempting to commit an act of
international terrorism against a United States person or United
States property;
``(3) the arrest or conviction in any country of any
individual for committing, primarily outside the territorial
jurisdiction of the United States, any narcotics-related offense
if that offense involves or is a significant part of conduct
that involves--
``(A) a violation of United States narcotics laws
such that the individual would be a major violator of
such laws;
``(B) the killing or kidnapping of--
``(i) any officer, employee, or contract
employee of the United States Government while
such individual is engaged in official duties, or
on account of that individual's official duties,
in connection with the enforcement of United
States narcotics laws or the implementing of
United States narcotics control objectives; or
``(ii) a member of the immediate family of any
such individual on account of that individual's
official duties, in connection with the
enforcement of United States narcotics laws or the
implementing of United States narcotics control
objectives; or
``(C) an attempt or conspiracy to commit any act
described in subparagraph (A) or (B);
``(4) the arrest or conviction in any country of any
individual aiding or abetting in the commission of an act
described in paragraph (1), (2), or (3); or
``(5) the prevention, frustration, or favorable resolution
of an act described in paragraph (1), (2), or (3).
``(c) Coordination.--
``(1) Procedures.--To ensure that the payment of rewards
pursuant to this section does not duplicate or interfere with
the payment of informants or the obtaining of evidence or
information, as authorized to the Department of Justice, the
[[Page 112 STAT. 2681-806]]
offering, administration, and payment of rewards under this
section, including procedures for--
``(A) identifying individuals, organizations, and
offenses with respect to which rewards will be offered;
``(B) the publication of rewards;
``(C) the offering of joint rewards with foreign
governments;
``(D) the receipt and analysis of data; and
``(E) the payment and approval of payment,
shall be governed by procedures developed by the Secretary of State, in
consultation with the Attorney General.
``(2) Prior approval of attorney general required.--Before
making a reward under this section in a matter over which there
is Federal criminal jurisdiction, the Secretary of State shall
obtain the concurrence of the Attorney General.
``(d) Funding.--
``(1) Authorization of appropriations.--Notwithstanding
section 102 of the Foreign Relations Authorization Act, Fiscal
Years 1986 and 1987 (Public Law 99-93; 99 Stat. 408), but
subject to paragraph (2), there are authorized to be
appropriated to the Department of State from time to time such
amounts as may be necessary to carry out this section.
``(2) Limitation.--No amount of funds may be appropriated
under paragraph (1) which, when added to the unobligated balance
of amounts previously appropriated to carry out this section,
would cause such amounts to exceed $15,000,000.
``(3) Allocation of funds.--To the maximum extent
practicable, funds made available to carry out this section
should be distributed equally for the purpose of preventing acts
of international terrorism and for the purpose of preventing
international narcotics trafficking.
``(4) Period of availability.--Amounts appropriated under
paragraph (1) shall remain available until expended.
``(e) Limitations and Certification.--
``(1) Maximum amount.--No reward paid under this section may
exceed $2,000,000.
``(2) Approval.--A reward under this section of more than
$100,000 may not be made without the approval of the Secretary.
``(3) Certification for payment.--Any reward granted under
this section shall be approved and certified for payment by the
Secretary.
``(4) Nondelegation of authority.--The authority to approve
rewards of more than $100,000 set forth in paragraph (2) may not
be delegated.
``(5) Protection measures.--If the Secretary determines that
the identity of the recipient of a reward or of the members of
the recipient's immediate family must be protected, the
Secretary may take such measures in connection with the payment
of the reward as he considers necessary to effect such
protection.
``(f) Ineligibility.--An officer or employee of any entity of
Federal, State, or local government or of a foreign government who,
while in the performance of his or her official duties, furnishes
information described in subsection (b) shall not be eligible for a
reward under this section.
``(g) Reports.--
[[Page 112 STAT. 2681-807]]
``(1) Reports on payment of rewards.--Not later than 30 days
after the payment of any reward under this section, the
Secretary shall submit a report to the appropriate congressional
committees with respect to such reward. The report, which may be
submitted in classified form if necessary, shall specify the
amount of the reward paid, to whom the reward was paid, and the
acts with respect to which the reward was paid. The report shall
also discuss the significance of the information for which the
reward was paid in dealing with those acts.
``(2) Annual reports.--Not later than 60 days after the end
of each fiscal year, the Secretary shall submit a report to the
appropriate congressional committees with respect to the
operation of the rewards program. The report shall provide
information on the total amounts expended during the fiscal year
ending in that year to carry out this section, including amounts
expended to publicize the availability of rewards.
``(h) Publication Regarding Rewards Offered by Foreign
Governments.--Notwithstanding any other provision of this section, in
the sole discretion of the Secretary, the resources of the rewards
program shall be available for the publication of rewards offered by
foreign governments regarding acts of international terrorism which do
not involve United States persons or property or a violation of the
narcotics laws of the United States.
``(i) Determinations of the Secretary.--A determination made by the
Secretary under this section shall be final and conclusive and shall not
be subject to judicial review.
``(j) Definitions.--As used in this section:
``(1) Act of international terrorism.--The term `act of
international terrorism' includes--
``(A) any act substantially contributing to the
acquisition of unsafeguarded special nuclear material
(as defined in paragraph (8) of section 830 of the
Nuclear Proliferation Prevention Act of 1994 (22 U.S.C.
3201 note)) or any nuclear explosive device (as defined
in paragraph (4) of that section) by an individual,
group, or non-nuclear-weapon state (as defined in
paragraph (5) of that section); and
``(B) any act, as determined by the Secretary, which
materially supports the conduct of international
terrorism, including the counterfeiting of United States
currency or the illegal use of other monetary
instruments by an individual, group, or country
supporting international terrorism as determined for
purposes of section 6(j)(1)(A) of the Export
Administration Act of 1979 (50 U.S.C. App.
2405(j)(1)(A)).
``(2) Appropriate congressional committees.--The term
`appropriate congressional committees' means the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate.
``(3) Member of the immediate family.--The term `member of
the immediate family', with respect to an individual, includes--
``(A) a spouse, parent, brother, sister, or child of
the individual;
``(B) a person with respect to whom the individual
stands in loco parentis; and
[[Page 112 STAT. 2681-808]]
``(C) any person not covered by subparagraph (A) or
(B) who is living in the individual's household and is
related to the individual by blood or marriage.
``(4) Rewards program.--The term `rewards program' means the
program established in subsection (a)(1).
``(5) United states narcotics laws.--The term `United States
narcotics laws' means the laws of the United States for the
prevention and control of illicit trafficking in controlled
substances (as such term is defined in section 102(6) of the
Controlled Substances Act (21 U.S.C. 802(6))).
``(6) United states person.--The term `United States person'
means--
``(A) a citizen or national of the United States;
and
``(B) an alien lawfully present in the United
States.''.
SEC. 2203. RETENTION OF ADDITIONAL DEFENSE TRADE CONTROLS REGISTRATION
FEES.
Section 45(a) of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2717(a)) is amended--
(1) at the end of paragraph (1), by striking ``and'';
(2) in paragraph (2)--
(A) by striking ``functions'' and inserting
``functions, including compliance and enforcement
activities,''; and
(B) by striking the period at the end and inserting
``; and''; and
(3) by adding at the end the following new paragraph:
``(3) the enhancement of defense trade export compliance and
enforcement activities, including compliance audits of United
States and foreign parties, the conduct of administrative
proceedings, monitoring of end-uses in cases of direct
commercial arms sales or other transfers, and cooperation in
proceedings for enforcement of criminal laws related to defense
trade export controls.''.
SEC. 2204. FEES FOR COMMERCIAL SERVICES.
Section 52(b) of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2724(b)) is amended by adding at the end the following:
``Funds deposited under this subsection shall remain available for
obligation through September 30 of the fiscal year following the fiscal
year in which the funds were deposited.''.
SEC. 2205. PILOT PROGRAM FOR FOREIGN AFFAIRS REIMBURSEMENT.
(a) Foreign Affairs Reimbursement.--
(1) In general.--Section 701 of the Foreign Service Act of
1980 (22 U.S.C. 4021) is amended--
(A) by redesignating subsection (d)(4) as subsection
(g); and
(B) by inserting after subsection (d) the following
new subsections:
``(e)(1) The Secretary may provide appropriate training or related
services, except foreign language training, through the institution to
any United States person (or any employee or family member thereof) that
is engaged in business abroad.
``(2) The Secretary may provide job-related training or related
services, including foreign language training, through the institution
to a United States person under contract to provide services to the
United States Government or to any employee thereof that is performing
such services.
[[Page 112 STAT. 2681-809]]
``(3) Training under this subsection may be provided only to the
extent that space is available and only on a reimbursable or advance-of-
funds basis. Reimbursements and advances shall be credited to the
currently available applicable appropriation account.
``(4) Training and related services under this subsection is
authorized only to the extent that it will not interfere with the
institution's primary mission of training employees of the Department
and of other agencies in the field of foreign relations.
``(5) In this subsection, the term `United States person' means--
``(A) any individual who is a citizen or national of the
United States; or
``(B) any corporation, company, partnership, association, or
other legal entity that is 50 percent or more beneficially owned
by citizens or nationals of the United States.
``(f)(1) The Secretary is authorized to provide, on a reimbursable
basis, training programs to Members of Congress or the Judiciary.
``(2) Employees of the legislative branch and employees of the
judicial branch may participate, on a reimbursable basis, in training
programs offered by the institution.
``(3) Reimbursements collected under this subsection shall be
credited to the currently available applicable appropriation account.
``(4) Training under this subsection is authorized only to the
extent that it will not interfere with the institution's primary mission
of training employees of the Department and of other agencies in the
field of foreign relations.''.
<<NOTE: 22 USC 4021 note.>> (2) Effective date.--The
amendments made by paragraph (1) shall take effect on October 1,
1998.
(3) Termination of pilot program.--Effective October 1,
2002, section 701 of the Foreign Service Act of 1980 (22 U.S.C.
4021), as amended by this subsection, is further amended--
(A) by striking subsections (e) and (f); and
(B) by redesignating subsection (g) as paragraph (4)
of subsection (d).
(b) Fees for Use of National Foreign Affairs Training Center.--Title
I of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a
et seq.) is amended by adding at the end the following new section:
``SEC. 53. FEES FOR USE OF THE NATIONAL FOREIGN <<NOTE: 22 USC
2725.>> AFFAIRS TRAINING CENTER.
``The Secretary is authorized to charge a fee for use of the
National Foreign Affairs Training Center of the Department of State.
Amounts collected under this section (including reimbursements and
surcharges) shall be deposited as an offsetting collection to any
Department of State appropriation to recover the costs of such use and
shall remain available for obligation until expended.''.
<<NOTE: 22 USC 2725 note.>> (c) Reporting on Pilot Program.--Two
years after the date of enactment of this Act, the Secretary of State
shall submit a report to the appropriate congressional committees
containing--
(1) the number of persons who have taken advantage of the
pilot program established under subsections (e) and (f) of
section 701 of the Foreign Service Act of 1980 and section 53 of
the State Department Basic Authorities Act of 1956, as added by
this section;
(2) the business or government affiliation of such persons;
(3) the amount of fees collected; and
[[Page 112 STAT. 2681-810]]
(4) the impact of the program on the primary mission of the
National Foreign Affairs Training Center.
SEC. 2206. FEE FOR USE OF DIPLOMATIC RECEPTION ROOMS.
Title I of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a et seq.), as amended by this division, is further amended
by adding at the end the following new section:
``SEC. 54. <<NOTE: 22 USC 2726.>> FEE FOR USE OF DIPLOMATIC RECEPTION
ROOMS.
``The Secretary is authorized to charge a fee for use of the
diplomatic reception rooms of the Department of State. Amounts collected
under this section (including reimbursements and surcharges) shall be
deposited as an offsetting collection to any Department of State
appropriation to recover the costs of such use and shall remain
available for obligation until expended.''.
SEC. 2207. ACCOUNTING OF COLLECTIONS IN BUDGET PRESENTATION DOCUMENTS.
Title I of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a et seq.), as amended by this division, is further amended
by adding at the end the following new section:
``SEC. 55. <<NOTE: 22 USC 2727.>> ACCOUNTING OF COLLECTIONS IN BUDGET
PRESENTATION DOCUMENTS.
``The Secretary shall include in the annual Congressional
Presentation Document and the Budget in Brief a detailed accounting of
the total collections received by the Department of State from all
sources, including fee collections. Reporting on total collections shall
also cover collections from the preceding fiscal year and the projected
expenditures from all collections accounts.''.
SEC. 2208. OFFICE OF THE INSPECTOR GENERAL.
(a) Procedures.--Section 209(c) of the Foreign Service Act of 1980
(22 U.S.C. 3929(c)) is amended by adding at the end the following:
``(4) The Inspector General shall develop and provide to
employees--
``(A) information detailing their rights to counsel;
and
``(B) guidelines describing in general terms the
policies and procedures of the Office of Inspector
General with respect to individuals under investigation
other than matters exempt from disclosure under other
provisions of law.''.
(b) Notice.--Section 209(e) of the Foreign Service Act of 1980 (22
U.S.C. 3929(e)) is amended by adding at the end the following new
paragraph:
``(3) The Inspector General shall ensure that only officials from
the Office of the Inspector General may participate in formal interviews
or other formal meetings with the individual who is the subject of an
investigation, other than an intelligence-related or sensitive
undercover investigation, or except in those situations when the
Inspector General has a reasonable basis to believe that such notice
would cause tampering with witnesses, destroying evidence, or
endangering the lives of individuals, unless that individual receives
prior adequate notice regarding participation by officials of any other
agency, including the Department of Justice, in such interviews or
meetings.''.
(c) Report.--
[[Page 112 STAT. 2681-811]]
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Inspector General of the Department
of State and the Foreign Service shall submit a report to the
appropriate congressional committees which includes the
following:
(A) Detailed descriptions of the internal guidance
developed or used by the Office of the Inspector General
with respect to public disclosure of any information
related to an ongoing investigation of any officer or
employee of the Department of State, the United States
Information Agency, or the United States Arms Control
and Disarmament Agency.
(B) Detailed descriptions of those instances for the
year ending December 31, 1997, in which any disclosure
of information to the public by an employee of the
Office of Inspector General about an ongoing
investigation occurred, including details on the
recipient of the information, the date of the
disclosure, and the internal clearance process for the
disclosure.
(2) Statutory construction.--Disclosure of information to
the public under this section shall not be construed to include
information shared with Congress by an employee of the Office of
the Inspector General.
SEC. 2209. CAPITAL INVESTMENT FUND.
Section 135 of the Foreign Relations Authorization Act, Fiscal Years
1994 and 1995 (22 U.S.C. 2684a) is amended--
(1) in subsection (a), by inserting ``and enhancement''
after ``procurement'';
(2) in subsection (c), by striking ``are authorized to'' and
inserting ``shall'';
(3) in subsection (d), by striking ``for expenditure to
procure capital equipment and information technology'' and
inserting ``for purposes of subsection (a)''; and
(4) by amending subsection (e) to read as follows:
``(e) Reprogramming Procedures.--Funds credited to the Capital
Investment Fund shall not be available for obligation or expenditure
except in compliance with the procedures applicable to reprogramming
notifications under section 34 of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2706).''.
SEC. 2210. CONTRACTING FOR LOCAL GUARDS SERVICES OVERSEAS.
Section 136(c) of the Foreign Relations Authorization Act, Fiscal
Years 1990 and 1991 (22 U.S.C. 4864(c)) is amended--
(1) by amending paragraph (3) to read as follows:
``(3) in evaluating proposals for such contracts, award
contracts to the technically acceptable firm offering the lowest
evaluated price, except that proposals of United States persons
and qualified United States joint venture persons (as defined in
subsection (d)) shall be evaluated by reducing the bid price by
10 percent;'';
(2) by inserting ``and'' at the end of paragraph (5);
(3) by striking ``; and'' at the end of paragraph (6) and
inserting a period; and
(4) by striking paragraph (7).
[[Page 112 STAT. 2681-812]]
SEC. 2211. AUTHORITY OF THE FOREIGN CLAIMS SETTLEMENT COMMISSION.
Section 4(a) of the International Claims Settlement Act of 1949 (22
U.S.C. 1623(a)) is amended--
(1) by redesignating paragraphs (1) and (2) as subparagraphs
(A) and (B), respectively;
(2) in the first sentence, by striking ``(a) The'' and all
that follows through the period and inserting the following:
``(a)(1) The Commission shall have jurisdiction to receive, examine,
adjudicate, and render a final decision with respect to any claim of the
Government of the United States or of any national of the United
States--
``(A) included within the terms of the Yugoslav Claims
Agreement of 1948;
``(B) included within the terms of any claims agreement
concluded on or after March 10, 1954, between the Government of
the United States and a foreign government (exclusive of
governments against which the United States declared the
existence of a state of war during World War II) similarly
providing for the settlement and discharge of claims of the
Government of the United States and of nationals of the United
States against a foreign government, arising out of the
nationalization or other taking of property, by the agreement of
the Government of the United States to accept from that
government a sum in en bloc settlement thereof; or
``(C) included in a category of claims against a foreign
government which is referred to the Commission by the Secretary
of State.''; and
(3) by redesignating the second sentence as paragraph (2).
SEC. 2212. EXPENSES RELATING TO CERTAIN INTERNATIONAL CLAIMS AND
PROCEEDINGS.
(a) Recovery of Certain Expenses.--The Department of State
Appropriation Act of 1937 (22 U.S.C. 2661) is amended in the fifth
undesignated paragraph under the heading entitled ``international
fisheries commission'' by inserting ``(including such expenses as
salaries and other personnel expenses)'' after ``extraordinary
expenses''.
(b) Procurement of Services.--Section 38(c) of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2710(c)) is amended in the
first sentence by inserting ``personal and'' before ``other support
services''.
SEC. 2213. GRANTS TO REMEDY INTERNATIONAL ABDUCTIONS OF CHILDREN.
Section 7 of the International Child Abduction Remedies Act (42
U.S.C. 11606; Public Law 100-300) is amended by adding at the end the
following new subsection:
``(e) Grant Authority.--The United States Central Authority is
authorized to make grants to, or enter into contracts or agreements
with, any individual, corporation, other Federal, State, or local
agency, or private entity or organization in the United States for
purposes of accomplishing its responsibilities under the Convention and
this Act.''.
SEC. 2214. COUNTERDRUG AND ANTICRIME ACTIVITIES OF <<NOTE: 22 USC
6561.>> THE DEPARTMENT OF STATE.
(a) Counterdrug and Law Enforcement Strategy.--
[[Page 112 STAT. 2681-813]]
(1) Requirement.--Not later than 180 days after the date of
enactment of this Act, the Secretary of State shall establish,
implement, and submit to Congress a comprehensive, long-term
strategy to carry out the counterdrug responsibilities of the
Department of State in a manner consistent with the National
Drug Control Strategy. The strategy shall involve all elements
of the Department in the United States and abroad.
(2) Objectives.--In establishing the strategy, the Secretary
shall--
(A) coordinate with the Office of National Drug
Control Policy in the development of clear, specific,
and measurable counterdrug objectives for the Department
that support the goals and objectives of the National
Drug Control Strategy;
(B) develop specific and, to the maximum extent
practicable, quantifiable measures of performance
relating to the objectives, including annual and long-
term measures of performance, for purposes of assessing
the success of the Department in meeting the objectives;
(C) assign responsibilities for meeting the
objectives to appropriate elements of the Department;
(D) develop an operational structure within the
Department that minimizes impediments to meeting the
objectives;
(E) ensure that every United States ambassador or
chief of mission is fully briefed on the strategy, and
works to achieve the objectives; and
(F) ensure that--
(i) all budgetary requests and transfers of
equipment (including the financing of foreign
military sales and the transfer of excess defense
articles) relating to international counterdrug
efforts conforms with the objectives; and
(ii) the recommendations of the Department
regarding certification determinations made by the
President on March 1 as to the counterdrug
cooperation, or adequate steps on its own, of each
major illicit drug producing and drug trafficking
country to achieve full compliance with the goals
and objectives established by the United Nations
Convention Against Illicit Traffic in Narcotic
Drugs and Psychotropic Substances also conform to
meet such objectives.
(3) Reports.--Not later than February 15 of each year
subsequent to the submission of the strategy described in
paragraph (1), the Secretary shall submit to Congress an update
of the strategy. The update shall include--
(A) an outline of the proposed activities with
respect to the strategy during the succeeding year,
including the manner in which such activities will meet
the objectives set forth in paragraph (2); and
(B) detailed information on how certification
determinations described in paragraph (2)(F) made the
previous year affected achievement of the objectives set
forth in paragraph (2) for the previous calendar year.
(4) Limitation on delegation.--The Secretary shall designate
an official in the Department who reports directly to
[[Page 112 STAT. 2681-814]]
the Secretary to oversee the implementation of the strategy
throughout the Department.
(b) Information on International Criminals.--
(1) Information system.--The Secretary shall, in
consultation with the heads of appropriate United States law
enforcement agencies, including the Attorney General and the
Secretary of the Treasury, take appropriate actions to establish
an information system or improve existing information systems
containing comprehensive information on serious crimes committed
by foreign nationals. The information system shall be available
to United States embassies and missions abroad for use in
consideration of applications for visas for entry into the
United States.
(2) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a report on the actions
taken under paragraph (1).
(c) Overseas Coordination of Counterdrug and Anticrime Programs,
Policy, and Assistance.--
(1) Strengthening coordination.--The responsibilities of
every diplomatic mission of the United States shall include the
strengthening of cooperation between and among the United States
and foreign governmental entities and multilateral entities with
respect to activities relating to international narcotics and
crime.
(2) Designation of officers.--
(A) In general.--Consistent with existing memoranda
of understanding between the Department of State and
other departments and agencies of the United States,
including the Department of Justice, the chief of
mission of every diplomatic mission of the United States
shall designate an officer or officers within the
mission to carry out the responsibility of the mission
under paragraph (1), including the coordination of
counterdrug, law enforcement, rule of law, and
administration of justice programs, policy, and
assistance. Such officer or officers shall report to the
chief of mission, or the designee of the chief of
mission, on a regular basis regarding activities
undertaken in carrying out such responsibility.
(B) Reports.--The chief of mission of every
diplomatic mission of the United States shall submit to
the Secretary on a regular basis a report on the actions
undertaken by the mission to carry out such
responsibility.
(3) Report to congress.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall submit to the
Committee on Foreign Relations of the Senate and the Committee
on International Relations of the House of Representatives a
report on the status of any proposals for action or on action
undertaken to improve staffing and personnel management at
diplomatic missions of the United States in order to carry out
the responsibility set forth in paragraph (1).
SEC. 2215. <<NOTE: 22 USC 303.>> ANNUAL REPORT ON OVERSEAS SURPLUS
PROPERTIES.
The Foreign Service Buildings Act, 1926 (22 U.S.C. 292 et seq.) is
amended by adding at the end the following new section:
[[Page 112 STAT. 2681-815]]
``Sec. 12. <<NOTE: 22 USC 303.>> Not later than March 1 of each
year, the Secretary of State shall submit to Congress a report listing
overseas United States surplus properties that are administered under
this Act and that have been identified for sale.''.
SEC. 2216. HUMAN RIGHTS REPORTS.
Section 116(d) of the Foreign Assistance Act of 1961 (22 U.S.C.
2151n(d)) is amended--
(1) by striking ``January 31'' and inserting ``February
25'';
(2) by redesignating paragraphs (3), (4), (5), and (6) as
paragraphs (4), (5), (6), and (7), respectively; and
(3) by inserting after paragraph (2) the following new
paragraph:
``(3) the status of child labor practices in each country,
including--
``(A) whether such country has adopted policies to
protect children from exploitation in the workplace,
including a prohibition of forced and bonded labor and
policies regarding acceptable working conditions; and
``(B) the extent to which each country enforces such
policies, including the adequacy of the resources and
oversight dedicated to such policies;''.
SEC. 2217. REPORTS AND POLICY CONCERNING DIPLOMATIC IMMUNITY.
Title I of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a et seq.), as amended by this division, is further amended
by adding at the end the following new section:
``SEC. 56. <<NOTE: 22 USC 2728.>> CRIMES COMMITTED BY DIPLOMATS.
``(a) Annual Report Concerning Diplomatic Immunity.--
``(1) Report to congress.--180 days after the date of
enactment, and annually thereafter, the Secretary of State shall
prepare and submit to the Congress, a report concerning
diplomatic immunity entitled ``Report on Cases Involving
Diplomatic Immunity''.
``(2) Content of report.--In addition to such other
information as the Secretary of State may consider appropriate,
the report under paragraph (1) shall include the following:
``(A) The number of persons residing in the United
States who enjoy full immunity from the criminal
jurisdiction of the United States under laws extending
diplomatic privileges and immunities.
``(B) Each case involving an alien described in
subparagraph (A) in which an appropriate authority of a
State, a political subdivision of a State, or the United
States reported to the Department of State that the
authority had reasonable cause to believe the alien
committed a serious criminal offense within the United
States, and any additional information provided to the
Secretary relating to other serious criminal offenses
that any such authority had reasonable cause to believe
the alien committed before the period covered by the
report. The Secretary may omit from such report any
matter the provision of which the Secretary reasonably
believes would compromise a criminal investigation or
prosecution or which would directly compromise law
enforcement or intelligence sources or methods.
[[Page 112 STAT. 2681-816]]
``(C) Each case described in subparagraph (B) in
which the Secretary of State has certified that a person
enjoys full immunity from the criminal jurisdiction of
the United States under laws extending diplomatic
privileges and immunities.
``(D) The number of United States citizens who are
residing in a receiving state and who enjoy full
immunity from the criminal jurisdiction of such state
under laws extending diplomatic privileges and
immunities.
``(E) Each case involving a United States citizen
under subparagraph (D) in which the United States has
been requested by the government of a receiving state to
waive the immunity from criminal jurisdiction of the
United States citizen.
``(F) Whether the Secretary has made the
notifications referred to in subsection (c) during the
period covered by the report.
``(3) Serious criminal offense defined.--For the purposes of
this section, the term `serious criminal offense' means--
``(A) any felony under Federal, State, or local law;
``(B) any Federal, State, or local offense
punishable by a term of imprisonment of more than 1
year;
``(C) any crime of violence as defined for purposes
of section 16 of title 18, United States Code; or
``(D)(i) driving under the influence of alcohol or
drugs;
``(ii) reckless driving; or
``(iii) driving while intoxicated.
``(b) United States Policy Concerning Reform of Diplomatic
Immunity.--It is the sense of the Congress that the Secretary of State
should explore, in appropriate fora, whether states should enter into
agreements and adopt legislation--
``(1) to provide jurisdiction in the sending state to
prosecute crimes committed in the receiving state by persons
entitled to immunity from criminal jurisdiction under laws
extending diplomatic privileges and immunities; and
``(2) to provide that where there is probable cause to
believe that an individual who is entitled to immunity from the
criminal jurisdiction of the receiving state under laws
extending diplomatic privileges and immunities committed a
serious crime, the sending state will waive such immunity or the
sending state will prosecute such individual.
``(c) Notification of Diplomatic Corps.--The Secretary should
periodically notify each foreign mission of United States policies
relating to criminal offenses committed by individuals with immunity
from the criminal jurisdiction of the United States under laws extending
diplomatic privileges and immunities.''.
SEC. 2218. <<NOTE: 22 USC 2669b.>> REAFFIRMING UNITED STATES
INTERNATIONAL TELECOMMUNICATIONS POLICY.
(a) Procurement Policy.--It is the policy of the United States to
foster and support procurement of goods and services from private,
commercial companies.
(b) Implementation.--In order to achieve the policy set forth in
subsection (a), the Diplomatic Telecommunications Service Program Office
(DTS-PO) shall--
(1) utilize full and open competition, to the maximum extent
practicable, in the procurement of telecommunications
[[Page 112 STAT. 2681-817]]
services, including satellite space segment, for the Department
of State and each other Federal entity represented at United
States diplomatic missions and consular posts overseas;
(2) make every effort to ensure and promote the
participation in the competition for such procurement of
commercial private sector providers of satellite space segment
who have no ownership or other connection with an
intergovernmental satellite organization; and
(3) implement the competitive procedures required by
paragraphs (1) and (2) at the prime contracting level and, to
the maximum extent practicable, the subcontracting level.
SEC. 2219. REDUCTION OF REPORTING.
(a) Repeals.--The following provisions of law are repealed:
(1) Model foreign language competence posts.--The second
sentence of section 161(c) of the Foreign Relations
Authorization Act, Fiscal Year 1990 and 1991 (22 U.S.C. 4171
note).
(2) Actions of the government of haiti.--Section 705(c) of
the International Security and Development Cooperation Act of
1985 (Public Law 99-83).
<<NOTE: 22 USC 4021 note.>> (3) Training facility for the
foreign service institute.--Section 123(e)(2) of the Foreign
Relations Authorization Act, Fiscal Years 1986 and 1987 (Public
Law 99-93).
(4) Military assistance for haiti.--Section 203(c) of the
Special Foreign Assistance Act of 1986 (Public Law 99-529).
(5) International sugar agreement, 1977.--Section 5 of the
Act entitled ``An Act providing for the implementation of the
International Sugar Agreement, 1977, and for other purposes''
(Public Law 96-236; 7 U.S.C. 3605 and 3606).
(6) Audience survey of worldnet program.--Section 209 (c)
and (d) of the Foreign Relations Authorization Act, Fiscal Years
1988 and 1989 (Public Law 100-204).
(7) Research on the near and middle east.--Section 228(b) of
the Foreign Relations Authorization Act, Fiscal Years 1992 and
1993 (Public Law 102-138; 22 U.S.C. 2452 note).
(b) Progress Toward Regional Nonproliferation.--Section 620F(c) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2376(c); relating to
periodic reports on progress toward regional nonproliferation) is
amended by striking ``Not later than April 1, 1993 and every six months
thereafter,'' and inserting ``Not later than April 1 of each year,''.
(c) Report on Participation by United States Military Personnel
Abroad in United States Elections.--Section 101(b)(6) of the Uniformed
and Overseas Citizens Absentee Voting Act of 1986 (42 U.S.C.
1973ff(b)(6)) is amended by striking ``of voter participation'' and
inserting ``of uniformed services voter participation, a general
assessment of overseas nonmilitary participation,''.
[[Page 112 STAT. 2681-818]]
CHAPTER 2--CONSULAR AUTHORITIES OF THE DEPARTMENT OF STATE
SEC. 2221. USE OF CERTAIN PASSPORT PROCESSING FEES FOR ENHANCED PASSPORT
SERVICES.
For each of the fiscal years 1998 and 1999, of the fees collected
for expedited passport processing and deposited to an offsetting
collection pursuant to title V of the Department of State and Related
Agencies Appropriations Act for Fiscal Year 1995 (Public Law 103-317; 22
U.S.C. 214 note), 30 percent shall be available only for enhancing
passport services for United States citizens, improving the integrity
and efficiency of the passport issuance process, improving the secure
nature of the United States passport, investigating passport fraud, and
deterring entry into the United States by terrorists, drug traffickers,
or other criminals.
SEC. 2222. CONSULAR OFFICERS.
(a) Persons Authorized To Issue Reports of Births Abroad.--Section
33 of the State Department Basic Authorities Act of 1956 (22 U.S.C.
2705) is amended in paragraph (2) by adding at the end the following:
``For purposes of this paragraph, the term `consular officer' includes
any United States citizen employee of the Department of State who is
designated by the Secretary of State to adjudicate nationality abroad
pursuant to such regulations as the Secretary may prescribe.''.
(b) Provisions Applicable to Consular Officers.--Section 1689 of the
Revised Statutes (22 U.S.C. 4191) is amended by inserting ``and to such
other United States citizen employees of the Department of State as may
be designated by the Secretary of State pursuant to such regulations as
the Secretary may prescribe'' after ``such officers''.
(c) Persons Authorized To Authenticate Foreign Documents.--
(1) Designated united states citizens performing notarial
acts.--Section 1750 of the Revised Statutes, as amended (22
U.S.C. 4221) is further amended by inserting after the first
sentence: ``At any post, port, or place where there is no
consular officer, the Secretary of State may authorize any other
officer or employee of the United States Government who is a
United States citizen serving overseas, including any contract
employee of the United States Government, to perform such acts,
and any such contractor so authorized shall not be considered to
be a consular officer.''.
(2) Definition of consular officers.--Section 3492(c) of
title 18, United States Code, is amended by adding at the end
the following: ``For purposes of this section and sections 3493
through 3496 of this title, the term `consular officers'
includes any United States citizen who is designated to perform
notarial functions pursuant to section 1750 of the Revised
Statutes, as amended (22 U.S.C. 4221).''.
(d) Persons Authorized To Administer Oaths.--Section 115 of title
35, United States Code, is amended by adding at the end the following:
``For purposes of this section, a consular officer shall include any
United States citizen serving overseas, authorized to perform notarial
functions pursuant to section 1750 of the Revised Statutes, as amended
(22 U.S.C. 4221).''.
[[Page 112 STAT. 2681-819]]
(e) Definition of Consular Officer.--Section 101(a)(9) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(9)) is amended by--
(1) inserting ``or employee'' after ``officer'' the second
place it appears; and
(2) inserting before the period at the end of the sentence
``or, when used in title III, for the purpose of adjudicating
nationality''.
(f) Training for Employees Performing Consular Functions.--Section
704 of the Foreign Service Act of 1980 (22 U.S.C. 4024) is amended by
adding at the end the following new subsection:
``(d)(1) Before a United States citizen employee (other than a
diplomatic or consular officer of the United States) may be designated
by the Secretary of State, pursuant to regulation, to perform a consular
function abroad, the United States citizen employee shall--
``(A) be required to complete successfully a program of
training essentially equivalent to the training that a consular
officer who is a member of the Foreign Service would receive for
purposes of performing such function; and
``(B) be certified by an appropriate official of the
Department of State to be qualified by knowledge and experience
to perform such function.
``(2) As used in this subsection, the term `consular function'
includes the issuance of visas, the performance of notarial and other
legalization functions, the adjudication of passport applications, the
adjudication of nationality, and the issuance of citizenship
documentation.''.
SEC. 2223. REPEAL OF OUTDATED CONSULAR RECEIPT REQUIREMENTS.
Sections 1726, 1727, and 1728 of the Revised Statutes of the United
States (22 U.S.C. 4212, 4213, and 4214), as amended (relating to
accounting for consular fees) are repealed.
SEC. 2224. ELIMINATION OF DUPLICATE FEDERAL REGISTER PUBLICATION FOR
TRAVEL ADVISORIES.
(a) Foreign Airports.--Section 44908(a) of title 49, United States
Code, is amended--
(1) by inserting ``and'' at the end of paragraph (1);
(2) by striking paragraph (2); and
(3) by redesignating paragraph (3) as paragraph (2).
(b) Foreign Ports.--Section 908(a) of the International Maritime and
Port Security Act of 1986 (46 U.S.C. App. 1804(a)) is amended by
striking the second sentence, relating to Federal Register publication
by the Secretary of State.
SEC. 2225. DENIAL OF VISAS TO CONFISCATORS OF <<NOTE: 8 USC
1182d.>> AMERICAN PROPERTY.
(a) Denial of Visas.--Except as otherwise provided in section 401 of
the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996
(Public Law 104-114), and subject to subsection (b), the Secretary of
State may deny the issuance of a visa to any alien who--
(1) through the abuse of position, including a governmental
or political party position, converts or has converted for
personal gain real property that has been confiscated or
expropriated,
[[Page 112 STAT. 2681-820]]
a claim to which is owned by a national of the United States, or
who is complicit in such a conversion; or
(2) induces any of the actions or omissions described in
paragraph (1) by any person.
(b) Exceptions.--Subsection (a) shall not apply to--
(1) any country established by international mandate through
the United Nations; or
(2) any territory recognized by the United States Government
to be in dispute.
(c) Reporting Requirement.--Not later than 6 months after the date
of enactment of this Act, and every 12 months thereafter, the Secretary
of State shall submit to the Speaker of the House of Representatives and
to the chairman of the Committee on Foreign Relations of the Senate a
report, including--
(1) a list of aliens who have been denied a visa under this
subsection; and
(2) a list of aliens who could have been denied a visa under
subsection (a) but were issued a visa and an explanation as to
why each such visa was issued.
SEC. 2226. INADMISSIBILITY OF ANY ALIEN SUPPORTING AN INTERNATIONAL
CHILD ABDUCTOR.
(a) Amendment of Immigration and Nationality Act.--Section
212(a)(10)(C) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(10)(C)) is amended by striking clause (ii) and inserting the
following:
``(ii) Aliens supporting abductors and
relatives of abductors.--Any alien who--
``(I) is known by the Secretary of
State to have intentionally assisted an
alien in the conduct described in clause
(i),
``(II) is known by the Secretary of
State to be intentionally providing
material support or safe haven to an
alien described in clause (i), or
``(III) is a spouse (other than the
spouse who is the parent of the abducted
child), child (other than the abducted
child), parent, sibling, or agent of an
alien described in clause (i), if such
person has been designated by the
Secretary of State at the Secretary's
sole and unreviewable discretion, is
inadmissible until the child described
in clause (i) is surrendered to the
person granted custody by the order
described in that clause, and such
person and child are permitted to return
to the United States or such person's
place of residence.
``(iii) Exceptions.--Clauses (i) and (ii)
shall not apply--
``(I) to a government official of
the United States who is acting within
the scope of his or her official duties;
``(II) to a government official of
any foreign government if the official
has been designated by the Secretary of
State at the Secretary's sole and
unreviewable discretion; or
``(III) so long as the child is
located in a foreign state that is a
party to the Convention on the
[[Page 112 STAT. 2681-821]]
Civil Aspects of International Child
Abduction, done at The Hague on October
25, 1980.''.
<<NOTE: 8 USC 1182 note.>> (b) Effective Date.--The amendment
made by subsection (a) shall apply to aliens seeking admission to the
United States on or after the date of enactment of this Act.
CHAPTER 3--REFUGEES AND MIGRATION
Subchapter A--Authorization of Appropriations
SEC. 2231. MIGRATION AND REFUGEE ASSISTANCE.
(a) Migration and Refugee Assistance.--
(1) Authorization of appropriations.--There are authorized
to be appropriated for ``Migration and Refugee Assistance'' for
authorized activities, $650,000,000 for the fiscal year 1998 and
$704,500,000 for the fiscal year 1999.
(2) Limitations.--
(A) Limitation regarding tibetan refugees in india
and nepal.--Of the amounts authorized to be appropriated
in paragraph (1), not more than $2,000,000 for the
fiscal year 1998 and $2,000,000 for the fiscal year 1999
are authorized to be available only for humanitarian
assistance, including food, medicine, clothing, and
medical and vocational training, to Tibetan refugees in
India and Nepal who have fled Chinese-occupied Tibet.
(B) Refugees resettling in israel.--Of the amounts
authorized to be appropriated in paragraph (1),
$80,000,000 for the fiscal year 1998 and $80,000,000 for
the fiscal year 1999 are authorized to be available for
assistance for refugees resettling in Israel from other
countries.
(C) Humanitarian assistance for displaced burmese.--
Of the amounts authorized to be appropriated in
paragraph (1), $1,500,000 for the fiscal year 1998 and
$1,500,000 for the fiscal year 1999 for humanitarian
assistance are authorized to be available, including
food, medicine, clothing, and medical and vocational
training, to persons displaced as a result of civil
conflict in Burma, including persons still within Burma.
(b) Availability of Funds.--Funds appropriated pursuant to this
section are authorized to remain available until expended.
Subchapter B--Authorities
SEC. 2241. <<NOTE: 22 USC 2601 note.>> UNITED STATES POLICY REGARDING
THE INVOLUNTARY RETURN OF REFUGEES.
(a) In General.--None of the funds made available by this
subdivision shall be available to effect the involuntary return by the
United States of any 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, subject to the reservations contained in the United States Senate
Resolution of Ratification.
[[Page 112 STAT. 2681-822]]
(b) Migration and Refugee Assistance.--None of the funds made
available by section 2231 of this division or by section 2(c) of the
Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601(c)) shall
be available to effect the involuntary return of any person to any
country unless the Secretary of State first notifies the appropriate
congressional committees, except that in the case of an emergency
involving a threat to human life the Secretary of State shall notify the
appropriate congressional committees as soon as practicable.
(c) Involuntary Return Defined.--As used in this section, the term
``to effect the involuntary return'' means to require, by means of
physical force or circumstances amounting to a threat thereof, a person
to return to a country against the person's will, regardless of whether
the person is physically present in the United States and regardless of
whether the United States acts directly or through an agent.
SEC. 2242. <<NOTE: 8 USC 1231 note.>> UNITED STATES POLICY WITH RESPECT
TO THE INVOLUNTARY RETURN OF PERSONS IN DANGER OF SUBJECTION
TO TORTURE.
(a) Policy.--It shall be the policy of the United States not to
expel, extradite, or otherwise effect the involuntary return of any
person to a country in which there are substantial grounds for believing
the person would be in danger of being subjected to torture, regardless
of whether the person is physically present in the United States.
(b) Regulations.--Not later than 120 days after the date of
enactment of this Act, the heads of the appropriate agencies shall
prescribe regulations to implement the obligations of the United States
under Article 3 of the United Nations Convention Against Torture and
Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment,
subject to any reservations, understandings, declarations, and provisos
contained in the United States Senate resolution of ratification of the
Convention.
(c) Exclusion of Certain Aliens.--To the maximum extent consistent
with the obligations of the United States under the Convention, subject
to any reservations, understandings, declarations, and provisos
contained in the United States Senate resolution of ratification of the
Convention, the regulations described in subsection (b) shall exclude
from the protection of such regulations aliens described in section
241(b)(3)(B) of the Immigration and Nationality Act (8 U.S.C.
1231(b)(3)(B)).
(d) Review and Construction.--Notwithstanding any other provision
of law, and except as provided in the regulations described in
subsection (b), no court shall have jurisdiction to review the
regulations adopted to implement this section, and nothing in this
section shall be construed as providing any court jurisdiction to
consider or review claims raised under the Convention or this section,
or any other determination made with respect to the application of the
policy set forth in subsection (a), except as part of the review of a
final order of removal pursuant to section 242 of the Immigration and
Nationality Act (8 U.S.C. 1252).
(e) Authority To Detain.--Nothing in this section shall be
construed as limiting the authority of the Attorney General to detain
any person under any provision of law, including, but not limited to,
any provision of the Immigration and Nationality Act.
(f) Definitions.--
[[Page 112 STAT. 2681-823]]
(1) Convention defined.--In this section, the term
``Convention'' means the United Nations Convention Against
Torture and Other Forms of Cruel, Inhuman or Degrading Treatment
or Punishment, done at New York on December 10, 1984.
(2) Same terms as in the convention.--Except as otherwise
provided, the terms used in this section have the meanings given
those terms in the Convention, subject to any reservations,
understandings, declarations, and provisos contained in the
United States Senate resolution of ratification of the
Convention.
SEC. 2243. REPROGRAMMING OF MIGRATION AND REFUGEE ASSISTANCE FUNDS.
Section 34 of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2706) is amended--
(1) in subsection (a)--
(A) by striking ``Foreign Affairs'' and inserting
``International Relations and the Committee on
Appropriations''; and
(B) by inserting ``and the Committee on
Appropriations'' after ``Foreign Relations''; and
(2) by adding at the end the following new subsection:
``(c) The Secretary of State may waive the notification requirement
of subsection (a), if the Secretary determines that failure to do so
would pose a substantial risk to human health or welfare. In the case of
any waiver under this subsection, notification to the Committee on
Foreign Relations and the Committee on Appropriations of the Senate and
the Committee on International Relations and the Committee on
Appropriations of the House of Representatives shall be provided as soon
as practicable, but not later than 3 days after taking the action to
which the notification requirement was applicable, and shall contain an
explanation of the emergency circumstances.''.
SEC. 2244. ELIGIBILITY FOR REFUGEE STATUS.
Section 584 of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1997 (Public Law 104-208; 110 Stat. 3009-
171) is amended--
(1) in subsection (a)--
(A) by striking ``For purposes'' and inserting
``Notwithstanding any other provision of law, for
purposes''; and
(B) by striking ``fiscal year 1997'' and inserting
``fiscal years 1997, 1998, and 1999''; and
(2) by amending subsection (b) to read as follows:
``(b) Aliens Covered.--
``(1) In general.-- An alien described in this subsection is
an alien who--
``(A) is the son or daughter of a qualified
national;
``(B) is 21 years of age or older; and
``(C) was unmarried as of the date of acceptance of
the alien's parent for resettlement under the Orderly
Departure Program.
``(2) Qualified national.--For purposes of paragraph (1),
the term `qualified national' means a national of Vietnam who--
``(A)(i) was formerly interned in a reeducation camp
in Vietnam by the Government of the Socialist Republic
of Vietnam; or
[[Page 112 STAT. 2681-824]]
``(ii) is the widow or widower of an individual
described in clause (i); and
``(B)(i) qualified for refugee processing under the
reeducation camp internees subprogram of the Orderly
Departure Program; and
``(ii) on or after April 1, 1995, is or has been
accepted--
``(I) for resettlement as a refugee; or
``(II) for admission as an immigrant under the
Orderly Departure Program.''.
SEC. 2245. REPORTS TO CONGRESS CONCERNING CUBAN EMIGRATION POLICIES.
Beginning not later than 6 months after the date of enactment of
this Act, and every 6 months thereafter, the Secretary of State shall
supplement the monthly report to Congress entitled ``Update on
Monitoring of Cuban Migrant Returnees'' with additional information
concerning the methods employed by the Government of Cuba to enforce the
United States-Cuba agreement of September 1994 and the treatment by the
Government of Cuba 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
CHAPTER 1--ORGANIZATION OF THE DEPARTMENT OF STATE
SEC. 2301. COORDINATOR FOR COUNTERTERRORISM.
(a) Establishment.--Section 1 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a) is amended by adding at the
end the following new subsection:
``(f) Coordinator for Counterterrorism.--
`` <<NOTE: President. Congress.>> (1) In general.--There is
within the office of the Secretary of State a Coordinator for
Counterterrorism (in this paragraph referred to as the
`Coordinator') who shall be appointed by the President, by and
with the advice and consent of the Senate.
``(2) Duties.--
``(A) In general.--The Coordinator shall perform
such duties and exercise such powers as the Secretary of
State shall prescribe.
``(B) Duties described.--The principal duty of the
Coordinator shall be the overall supervision (including
policy oversight of resources) of international
counterterrorism activities. The Coordinator shall be
the principal adviser to the Secretary of State on
international counterterrorism matters. The Coordinator
shall be the principal counterterrorism official within
the senior management of the Department of State and
shall report directly to the Secretary of State.
``(3) Rank and status of ambassador.--The Coordinator shall
have the rank and status of Ambassador at Large.''.
(b) Technical and Conforming Amendments.--Section 161 of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-
236) <<NOTE: 22 USC 2651a note.>> is amended by striking subsection (e).
[[Page 112 STAT. 2681-825]]
SEC. 2302. ELIMINATION OF DEPUTY ASSISTANT SECRETARY OF STATE FOR
BURDENSHARING.
Section 161 of the Foreign Relations Authorization Act, Fiscal Years
1994 and 1995 (22 U.S.C. 2651a note) is amended by striking subsection
(f).
SEC. 2303. PERSONNEL MANAGEMENT.
Section 1 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a), as amended by this division, is further amended by adding
at the end the following new subsection:
``(g) Qualifications of Officer Having Primary Responsibility for
Personnel Management.--The officer of the Department of State with
primary responsibility for assisting the Secretary of State with respect
to matters relating to personnel in the Department of State, or that
officer's principal deputy, shall have substantial professional
qualifications in the field of human resource policy and management.''.
SEC. 2304. DIPLOMATIC SECURITY.
Section 1 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a), as amended by this division, is further amended by adding
at the end the following new subsection:
``(h) Qualifications of Officer Having Primary Responsibility for
Diplomatic Security.--The officer of the Department of State with
primary responsibility for assisting the Secretary of State with respect
to diplomatic security, or that officer's principal deputy, shall have
substantial professional qualifications in the fields of (1) management,
and (2) Federal law enforcement, intelligence, or security.''.
SEC. 2305. NUMBER OF SENIOR OFFICIAL POSITIONS AUTHORIZED FOR THE
DEPARTMENT OF STATE.
(a) Under Secretaries.--
(1) In general.--Section 1(b) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a(b)) is amended by
striking ``5'' and inserting ``6''.
(2) Conforming amendment to title 5.--Section 5314 of title
5, United States Code, is amended by striking ``Under
Secretaries of State (5)'' and inserting ``Under Secretaries of
State (6)''.
(b) Assistant Secretaries.--
(1) In general.--Section 1(c)(1) of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2651a(c)(1)) is amended
by striking ``20'' and inserting ``24''.
(2) Conforming amendment to title 5.--Section 5315 of title
5, United States Code, is amended by striking ``Assistant
Secretaries of State (20)'' and inserting ``Assistant
Secretaries of State (24)''.
(c) Deputy Assistant Secretaries.--Section 1 of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2651a), as amended by this
division, is further amended--
(1) by striking subsection (d); and
(2) by redesignating subsections (e), (f), (g), and (h) as
subsections (d), (e), (f), and (g), respectively.
[[Page 112 STAT. 2681-826]]
SEC. 2306. <<NOTE: President.>> NOMINATION OF UNDER SECRETARIES AND
ASSISTANT SECRETARIES OF STATE.
(a) Under Secretaries of State.--Section 1(b) of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(c)), as
amended by this division, is further amended by adding at the end the
following new paragraph:
``(4) Nomination of Under Secretaries.--Whenever the
President submits to the Senate a nomination of an individual
for appointment to a position in the Department of State that is
described in paragraph (1), the President shall designate the
particular Under Secretary position in the Department of State
that the individual shall have.''.
(b) Assistant Secretaries of State.--Section 1(c) of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(c)), as
amended by this division, is further amended by adding at the end the
following new paragraph:
``(3) Nomination of Assistant Secretaries.--Whenever the
President submits to the Senate a nomination of an individual
for appointment to a position in the Department of State that is
described in paragraph (1), the President shall designate the
regional or functional bureau or bureaus of the Department of
State with respect to which the individual shall have
responsibility.''.
CHAPTER 2--PERSONNEL OF THE DEPARTMENT OF STATE; THE FOREIGN SERVICE
SEC. 2311. FOREIGN SERVICE REFORM.
(a) Performance Pay.--Section 405 of the Foreign Service Act of 1980
(22 U.S.C. 3965) is amended--
(1) in subsection (a), by striking ``Members'' and inserting
``Subject to subsection (e), members''; and
(2) by adding at the end the following new subsection:
``(e) Notwithstanding any other provision of law, the Secretary of
State may provide for recognition of the meritorious or distinguished
service of any member of the Foreign Service described in subsection (a)
(including any member of the Senior Foreign Service) by means other than
an award of performance pay in lieu of making such an award under this
section.''.
(b) Expedited Separation Out.--
<<NOTE: Procedures.>> (1) Separation of lowest ranked
foreign service members.--Not later than 90 days after the date
of enactment of this Act, the Secretary of State shall develop
and implement procedures to identify, and recommend for
separation, any member of the Foreign Service ranked by
promotion boards of the Department of State in the bottom 5
percent of his or her class for 2 or more of the 5 years
preceding the date of enactment of this Act (in this subsection
referred to as the ``years of lowest ranking'') if the rating
official for such member was not the same individual for any two
of the years of lowest ranking.
(2) Special internal reviews.--In any case where the member
was evaluated by the same rating official in any 2 of the years
of lowest ranking, an internal review of the member's file shall
be conducted to determine whether the member should be
considered for action leading to separation.
[[Page 112 STAT. 2681-827]]
(3) Procedures.--The Secretary of State shall develop
procedures for the internal reviews required under paragraph
(2).
SEC. 2312. RETIREMENT BENEFITS FOR INVOLUNTARY SEPARATION.
(a) Benefits.--Section 609 of the Foreign Service Act of 1980 (22
U.S.C. 4009) is amended--
(1) in subsection (a)(2)(A), by inserting ``or any other
applicable provision of chapter 84 of title 5, United States
Code,'' after ``section 811'';
(2) in subsection (a), by inserting ``or section 855, as
appropriate'' after ``section 806''; and
(3) in subsection (b)(2)--
(A) by striking ``(2)'' and inserting ``(2)(A) for
those participants in the Foreign Service Retirement and
Disability System,''; and
(B) by inserting before the period at the end ``;
and (B) for those participants in the Foreign Service
Pension System, benefits as provided in section 851'';
and
(4) in subsection (b) in the matter following paragraph (2),
by inserting ``(for participants in the Foreign Service
Retirement and Disability System) or age 62 (for participants in
the Foreign Service Pension System)'' after ``age 60''.
(b) Entitlement to Annuity.--Section 855(b) of the Foreign Service
Act of 1980 (22 U.S.C. 4071d(b)) is amended--
(1) in paragraph (1)--
(A) by inserting ``611,'' after ``608,'';
(B) by inserting ``or for participants in the
Foreign Service Pension System,'' after ``for
participants in the Foreign Service Retirement and
Disability System''; and
(C) by striking ``Service shall'' and inserting
``Service, shall''; and
(2) in paragraph (3), by striking ``or 610'' and inserting
``610, or 611''.
<<NOTE: 22 USC 4009 et seq.>> (c) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall take effect on the date of
the enactment of this Act.
<<NOTE: Applicability.>> (2) Exceptions.--The amendments
made by paragraphs (2) and (3) of subsection (a) and paragraphs
(1)(A) and (2) of subsection (b) shall apply with respect to any
actions taken under section 611 of the Foreign Service Act of
1980 on or after January 1, 1996.
SEC. 2313. AUTHORITY OF SECRETARY TO SEPARATE CONVICTED FELONS FROM THE
FOREIGN SERVICE.
Section 610(a)(2) of the Foreign Service Act of 1980 (22 U.S.C.
4010(a)(2)) is amended in the first sentence by striking ``A member''
and inserting ``Except in the case of an individual who has been
convicted of a crime for which a sentence of imprisonment of more than 1
year may be imposed, a member''.
SEC. 2314. CAREER COUNSELING.
(a) In General.--Section 706(a) of the Foreign Service Act of 1980
(22 U.S.C. 4026(a)) is amended by adding at the end the following new
sentence: ``Career counseling and related services provided pursuant to
this Act shall not be construed to permit an assignment that consists
primarily of paid time to conduct
[[Page 112 STAT. 2681-828]]
a job search and without other substantive duties for more than one
month.''.
(b) Effective Date.--The <<NOTE: 22 USC 4026 note.>> amendment made
by subsection (a) shall be effective 180 days after the date of the
enactment of this Act.
SEC. 2315. LIMITATIONS ON MANAGEMENT ASSIGNMENTS.
Section 1017(e)(2) of the Foreign Service Act of 1980 (22 U.S.C.
4117(e)(2)) is amended to read as follows:
``(2) For the purposes of paragraph (1)(A)(ii) and paragraph
(1)(B), the term `management official' does not include--
``(A) any chief of mission;
``(B) any principal officer or deputy principal
officer;
``(C) any administrative or personnel officer
abroad; or
``(D) any individual described in section 1002(12)
(B), (C), or (D) who is not involved in the
administration of this chapter or in the formulation of
the personnel policies and programs of the
Department.''.
SEC. 2316. AVAILABILITY PAY FOR CERTAIN CRIMINAL INVESTIGATORS WITHIN
THE DIPLOMATIC SECURITY SERVICE.
(a) In General.--Section 5545a of title 5, United States Code, is
amended by adding at the end the following:
``(k)(1) For purposes of this section, the term `criminal
investigator' includes a special agent occupying a position under title
II of Public Law 99-399 if such special agent--
``(A) meets the definition of such term under paragraph (2)
of subsection (a) (applied disregarding the parenthetical matter
before subparagraph (A) thereof); and
``(B) such special agent satisfies the requirements of
subsection (d) without taking into account any hours described
in paragraph (2)(B) thereof.
``(2) In applying subsection (h) with respect to a special agent
under this subsection--
``(A) any reference in such subsection to `basic pay' shall
be considered to include amounts designated as `salary';
``(B) paragraph (2)(A) of such subsection shall be
considered to include (in addition to the provisions of law
specified therein) sections 609(b)(1), 805, 806, and 856 of the
Foreign Service Act of 1980; and
``(C) paragraph (2)(B) of such subsection shall be applied
by substituting for `Office of Personnel Management' the
following: `Office of Personnel Management or the Secretary of
State (to the extent that matters exclusively within the
jurisdiction of the Secretary are concerned)'.''.
(b) Implementation.--Not later than the date on which the amendments
made by this section take effect, each special agent of the Diplomatic
Security Service who satisfies the requirements of subsection (k)(1) of
section 5545a of title 5, United States Code, as amended by this
section, and the appropriate supervisory officer, to be designated by
the Secretary of State, shall make an initial certification to the
Secretary of State that the special agent is expected to meet the
requirements of subsection (d) of such section 5545a. The Secretary of
State may prescribe procedures necessary to administer this subsection.
(c) Technical and Conforming Amendments.--(1) Paragraph (2) of
section 5545a(a) of title 5, United States Code, is amended
[[Page 112 STAT. 2681-829]]
(in the matter before subparagraph (A)) by striking ``Public Law 99-
399)'' and inserting ``Public Law 99-399, subject to subsection (k))''.
(2) Section 5542(e) of such title is amended by striking ``title 18,
United States Code,'' and inserting ``title 18 or section 37(a)(3) of
the State Department Basic Authorities Act of 1956,''.
<<NOTE: 5 USC 5542 note.>> (d) Effective Date.--The amendments made
by this section shall take effect on the first day of the first
applicable pay period--
(1) which begins on or after the 90th day following the date
of the enactment of this Act; and
(2) on which date all regulations necessary to carry out
such amendments are (in the judgment of the Director of the
Office of Personnel Management and the Secretary of State) in
effect.
SEC. 2317. NONOVERTIME DIFFERENTIAL PAY.
Title 5 of the United States Code is amended--
(1) in section 5544(a), by inserting after the fourth
sentence the following new sentence: ``For employees serving
outside the United States in areas where Sunday is a routine
workday and another day of the week is officially recognized as
the day of rest and worship, the Secretary of State may
designate the officially recognized day of rest and worship as
the day with respect to which the preceding sentence shall apply
instead of Sunday.''; and
(2) at the end of section 5546(a), by adding the following
new sentence: ``For employees serving outside the United States
in areas where Sunday is a routine workday and another day of
the week is officially recognized as the day of rest and
worship, the Secretary of State may designate the officially
recognized day of rest and worship as the day with respect to
which the preceding sentence shall apply instead of Sunday.''.
SEC. 2318. <<NOTE: 22 USC 3922a note.>> REPORT CONCERNING MINORITIES AND
THE FOREIGN SERVICE.
The Secretary of State shall during each of calendar years 1998 and
1999 submit a report to the Congress concerning minorities and the
Foreign Service officer corps. In addition to such other information as
is relevant to this issue, the report shall include the following data
for the last preceding examination and promotion cycles for which such
information is available (reported in terms of real numbers and
percentages and not as ratios):
(1) The numbers and percentages of all minorities taking the
written Foreign Service examination.
(2) The numbers and percentages of all minorities
successfully completing and passing the written Foreign Service
examination.
(3) The numbers and percentages of all minorities
successfully completing and passing the oral Foreign Service
examination.
(4) The numbers and percentages of all minorities entering
the junior officers class of the Foreign Service.
(5) The numbers and percentages of all minority Foreign
Service officers at each grade.
(6) The numbers of and percentages of minorities promoted at
each grade of the Foreign Service officer corps.
[[Page 112 STAT. 2681-830]]
TITLE XXIV--UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL
PROGRAMS
CHAPTER 1--AUTHORIZATION OF APPROPRIATIONS
SEC. 2401. INTERNATIONAL INFORMATION ACTIVITIES AND EDUCATIONAL AND
CULTURAL EXCHANGE PROGRAMS.
The following amounts are authorized to be appropriated to carry out
international information activities and educational and cultural
exchange programs under the United States Information and Educational
Exchange Act of 1948, the Mutual Educational and Cultural Exchange Act
of 1961, Reorganization Plan Number 2 of 1977, the United States
International Broadcasting Act of 1994, the Radio Broadcasting to Cuba
Act, the Television Broadcasting to Cuba Act, the Board for
International Broadcasting Act, the North/South Center Act of 1991, and
the National Endowment for Democracy Act, and to carry out other
authorities in law consistent with such purposes:
(1) International information programs.--For ``International
Information Programs'', $427,097,000 for the fiscal year 1998
and $455,246,000 for the fiscal year 1999.
(2) Technology fund.--For the ``Technology Fund'' for the
United States Information Agency, $5,050,000 for the fiscal year
1998 and $5,050,000 for the fiscal year 1999.
(3) Educational and cultural exchange programs.--
(A) Fulbright academic exchange programs.--
(i) Fulbright academic exchange programs.--
There are authorized to be appropriated for the
``Fulbright Academic Exchange Programs'' (other
than programs described in subparagraph (B)),
$99,236,000 for the fiscal year 1998 and
$100,000,000 for the fiscal year 1999.
(ii) Vietnam fulbright academic exchange
programs.--Of the amounts authorized to be
appropriated under clause (i), $5,000,000 for the
fiscal year 1998 and $5,000,000 for the fiscal
year 1999 are authorized to be available for the
Vietnam scholarship program established by section
229 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (Public Law 102-138).
(B) Other educational and cultural exchange
programs.--
(i) In general.--There are authorized to be
appropriated for other educational and cultural
exchange programs authorized by law, $100,764,000
for the fiscal year 1998 and $102,500,000 for the
fiscal year 1999.
(ii) South pacific exchanges.--Of the amounts
authorized to be appropriated under clause (i),
$500,000 for the fiscal year 1998 and $500,000 for
the fiscal year 1999 are authorized to be
available for ``South Pacific Exchanges''.
(iii) East timorese scholarships.--Of the
amounts authorized to be appropriated under clause
(i), $500,000 for the fiscal year 1998 and
$500,000 for the fiscal year 1999 are authorized
to be available for ``East Timorese
Scholarships''.
[[Page 112 STAT. 2681-831]]
(iv) Tibetan exchanges.--Of the amounts
authorized to be appropriated under clause (i),
$500,000 for the fiscal year 1998 and $500,000 for
the fiscal year 1999 are authorized to be
available for ``Educational and Cultural Exchanges
with Tibet'' under section 236 of the Foreign
Relations Authorization Act, Fiscal Years 1994 and
1995 (Public Law 103-236).
(4) International broadcasting activities.--
(A) Authorization of appropriations.--For
``International Broadcasting Activities'', $340,315,000
for the fiscal year 1998, and $340,365,000 for the
fiscal year 1999.
(B) Allocation.--Of the amounts authorized to be
appropriated under subparagraph (A), the Director of the
United States Information Agency and the Broadcasting
Board of Governors shall seek to ensure that the amounts
made available for broadcasting to nations whose people
do not fully enjoy freedom of expression do not decline
in proportion to the amounts made available for
broadcasting to other nations.
(5) Radio construction.--For ``Radio Construction'',
$40,000,000 for the fiscal year 1998, and $13,245,000 for the
fiscal year 1999.
(6) Radio free asia.--For ``Radio Free Asia'', $24,100,000
for the fiscal year 1998 and $22,000,000 for the fiscal year
1999, and an additional $8,000,000 in fiscal year 1998 for one-
time capital costs.
(7) Broadcasting to cuba.--For ``Broadcasting to Cuba'',
$22,095,000 for the fiscal year 1998 and $22,095,000 for the
fiscal year 1999.
(8) Center for cultural and technical interchange between
east and west.--For the ``Center for Cultural and Technical
Interchange between East and West'', not more than $12,000,000
for the fiscal year 1998 and not more than $12,500,000 for the
fiscal year 1999.
(9) National endowment for democracy.--For the ``National
Endowment for Democracy'', $30,000,000 for the fiscal year 1998
and $31,000,000 for the fiscal year 1999.
(10) Center for cultural and technical interchange between
north and south.--For ``Center for Cultural and Technical
Interchange between North and South'' not more than $1,500,000
for the fiscal year 1998 and not more than $1,750,000 for the
fiscal year 1999.
CHAPTER 2--AUTHORITIES AND ACTIVITIES
SEC. 2411. <<NOTE: 22 USC 4416.>> RETENTION OF INTEREST.
Notwithstanding any other provision of law, with the approval of the
National Endowment for Democracy, grant funds made available by the
National Endowment for Democracy may be deposited in interest-bearing
accounts pending disbursement, and any interest which accrues may be
retained by the grantee without returning such interest to the Treasury
of the United States and interest earned may be obligated and expended
for the purposes for which the grant was made without further
appropriation.
[[Page 112 STAT. 2681-832]]
SEC. 2412. USE OF SELECTED PROGRAM FEES.
Section 810 of the United States Information and Educational
Exchange Act of 1948 (22 U.S.C. 1475e) is amended to read as follows:
``Sec. 810. (a) In General.--Notwithstanding section 3302 of title
31, United States Code, or any other law or limitation of authority,
fees and receipts described in subsection (b) are authorized to be
credited each fiscal year for authorized purposes to the appropriate
appropriations of the United States Information Agency to such extent as
may be provided in advance in appropriations acts.
``(b) Fees and Receipts Described.--The fees and receipts described
in this subsection are fees and payments received by or for the use of
the United States Information Agency from or in connection with--
``(1) English-teaching and library services,
``(2) educational advising and counseling,
``(3) Exchange Visitor Program Services,
``(4) advertising and business ventures of the Voice of
America and the International Broadcasting Bureau,
``(5) cooperating international organizations, and
``(6) Agency-produced publications,
``(7) an amount not to exceed $100,000 of the payments from
motion picture and television programs produced or conducted by
or on behalf of the Agency under the authority of this Act or
the Mutual Education and Cultural Exchange Act of 1961.''.
SEC. 2413. MUSKIE FELLOWSHIP PROGRAM.
(a) Guidelines.--Section 227(c)(5) of the Foreign Relations
Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452 note) is
amended by inserting ``journalism and communications, education
administration, public policy, library and information science,'' after
``business administration,'' each of the two places it appears.
(b) Redesignation of Soviet Union.--Section 227 of the Foreign
Relations Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452
note) is amended--
(1) in subsections (a), (b), and (c)(5), by striking
``Soviet Union'' each place it appears and inserting
``independent states of the former Soviet Union'';
(2) in subsection (c)(11), by striking ``Soviet republics''
and inserting ``independent states of the former Soviet Union'';
and
(3) in the section heading, by inserting ``INDEPENDENT
STATES OF THE FORMER'' after ``FROM THE''.
SEC. 2414. WORKING GROUP ON UNITED
STATES <<NOTE: Establishment.>> GOVERNMENT-SPONSORED
INTERNATIONAL EXCHANGES AND TRAINING.
Section 112 of the Mutual Educational and Cultural Exchange Act of
1961 (22 U.S.C. 2460) is amended by adding at the end the following new
subsection:
``(g) Working Group on United States Government Sponsored
International Exchanges and Training.--(1) In order to carry out the
purposes of subsection (f) and to improve the coordination, efficiency,
and effectiveness of United States Government-
[[Page 112 STAT. 2681-833]]
sponsored international exchanges and training, there is established
within the United States Information Agency a senior-level interagency
working group to be known as the Working Group on United States
Government-Sponsored International Exchanges and Training (in this
section referred to as the `Working Group').
``(2) For purposes of this subsection, the term `Government-
sponsored international exchanges and training' means the movement of
people between countries to promote the sharing of ideas, to develop
skills, and to foster mutual understanding and cooperation, financed
wholly or in part, directly or indirectly, with United States Government
funds.
``(3) The Working Group shall be composed as follows:
``(A) The Associate Director for Educational and Cultural
Affairs of the United States Information Agency, who shall act
as Chair.
``(B) A senior representative of the Department of State,
who shall be designated by the Secretary of State.
``(C) A senior representative of the Department of Defense,
who shall be designated by the Secretary of Defense.
``(D) A senior representative of the Department of
Education, who shall be designated by the Secretary of
Education.
``(E) A senior representative of the Department of Justice,
who shall be designated by the Attorney General.
``(F) A senior representative of the Agency for
International Development, who shall be designated by the
Administrator of the Agency.
``(G) Senior representatives of such other departments and
agencies as the Chair determines to be appropriate.
``(4) Representatives of the National Security Adviser and the
Director of the Office of Management and Budget may participate in the
Working Group at the discretion of the Adviser and the Director,
respectively.
``(5) The Working Group shall be supported by an interagency staff
office established in the Bureau of Educational and Cultural Affairs of
the United States Information Agency.
``(6) The Working Group shall have the following purposes and
responsibilities:
``(A) To collect, analyze, and report data provided by all
United States Government departments and agencies conducting
international exchanges and training programs.
``(B) To promote greater understanding and cooperation among
concerned United States Government departments and agencies of
common issues and challenges in conducting international
exchanges and training programs, including through the
establishment of a clearinghouse for information on
international exchange and training activities in the
governmental and nongovernmental sectors.
``(C) In order to achieve the most efficient and cost-
effective use of Federal resources, to identify administrative
and programmatic duplication and overlap of activities by the
various United States Government departments and agencies
involved in Government-sponsored international exchange and
training programs, to identify how each Government-sponsored
international exchange and training program promotes United
States foreign policy, and to report thereon.
``(D)(i) Not later than 1 year after the date of the
enactment of the Foreign Relations Authorization Act, Fiscal
Years 1998
[[Page 112 STAT. 2681-834]]
and 1999, the Working Group shall develop a coordinated and
cost-effective strategy for all United States Government-
sponsored international exchange and training programs,
including an action plan with the objective of achieving a
minimum of 10 percent cost savings through greater efficiency,
the consolidation of programs, or the elimination of
duplication, or any combination thereof.
``(ii) Not later than 1 year after the date
of <<NOTE: Reports.>> enactment of the Foreign Relations
Authorization Act, Fiscal Years 1998 and 1999, the Working Group
shall submit a report to the appropriate congressional
committees setting forth the strategy and action plan required
by clause (i).
``(iii) Each year thereafter the Working Group shall assess
the strategy and plan required by clause (i).
``(E) <<NOTE: Reports.>> Not later than 2 years after the
date of the enactment of the Foreign Relations Authorization
Act, Fiscal Years 1998 and 1999, to develop recommendations on
common performance measures for all United States Government-
sponsored international exchange and training programs, and to
issue a report.
``(F) To conduct a survey of private sector international
exchange activities and develop strategies for expanding public
and private partnerships in, and leveraging private sector
support for, United States Government-sponsored international
exchange and training activities.
``(G) Not later than 6 months after the date of the
enactment of the Foreign Relations Authorization Act, Fiscal
Years 1998 and 1999, to report on the feasibility and
advisability of transferring funds and program management for
the ATLAS or the Mandela Fellows programs, or both, in South
Africa from the Agency for International Development to the
United States Information Agency. <<NOTE: Reports.>> The report
shall include an assessment of the capabilities of the South
African Fulbright Commission to manage such programs and the
cost effects of consolidating such programs under one entity.
``(7) All reports prepared by the Working Group shall be submitted
to the President, through the Director of the United States Information
Agency.
``(8) The Working Group shall meet at least on a quarterly basis.
``(9) All decisions of the Working Group shall be by majority vote
of the members present and voting.
``(10) The members of the Working Group shall serve without
additional compensation for their service on the Working Group. Any
expenses incurred by a member of the Working Group in connection with
service on the Working Group shall be compensated by that member's
department or agency.
``(11) With respect to any report issued under paragraph (6), a
member may submit dissenting views to be submitted as part of the report
of the Working Group.''.
SEC. 2415. EDUCATIONAL AND CULTURAL EXCHANGES AND SCHOLARSHIPS FOR
TIBETANS AND BURMESE.
<<NOTE: 22 USC 2452 note.>> (a) In General.--Section 103(b)(1) of
the Human Rights, Refugee, and Other Foreign Relations Provisions Act of
1996 (Public Law 104-319; 22 U.S.C. 2151 note) is amended--
(1) by striking ``for fiscal year 1997'' and inserting ``for
the fiscal year 1999''; and
[[Page 112 STAT. 2681-835]]
(2) by inserting after ``who are outside Tibet'' the
following: ``(if practicable, including individuals active in
the preservation of Tibet's unique culture, religion, and
language)''.
<<NOTE: 22 USC 2452 note.>> (b) Effective Date.--The amendments
made by subsection (a) shall take effect on October 1, 1998.
SEC. 2416. SURROGATE BROADCASTING STUDY.
Not later than 6 months after the date of enactment of this Act, the
Broadcasting Board of Governors, acting through the International
Broadcasting Bureau, should conduct and complete a study of the
appropriateness, feasibility, and projected costs of providing surrogate
broadcasting service to Africa and transmit the results of the study to
the appropriate congressional committees.
SEC. 2417. RADIO BROADCASTING TO IRAN IN THE FARSI LANGUAGE.
(a) Radio Free Iran.--Not more than $2,000,000 of the funds made
available under section 2401(a)(4) of this division for each of the
fiscal years 1998 and 1999 for grants to RFE/RL, Incorporated, shall be
available only for surrogate radio broadcasting by RFE/RL, Incorporated,
to the Iranian people in the Farsi language, such broadcasts to be
designated as ``Radio Free Iran''.
(b) Report to Congress.--Not later than 60 days after the date of
enactment of this Act, the Broadcasting Board of Governors of the United
States Information Agency shall submit a detailed report to Congress
describing the costs, implementation, and plans for creation of the
surrogate broadcasting service described in subsection (a).
(c) Availability of Funds.--None of the funds made available under
subsection (a) may be made available until submission of the report
required under subsection (b).
SEC. 2418. <<NOTE: 22 USC 1474 note.>> AUTHORITY TO ADMINISTER SUMMER
TRAVEL AND WORK PROGRAMS.
The Director of the United States Information Agency is authorized
to administer summer travel and work programs without regard to
preplacement requirements.
SEC. 2419. PERMANENT ADMINISTRATIVE AUTHORITIES REGARDING
APPROPRIATIONS.
Section 701(f) of the United States Information and Educational
Exchange Act of 1948 (22 U.S.C. 1476(f)) is amended by striking
paragraph (4).
SEC. 2420. <<NOTE: 22 USC 6202 note.>> VOICE OF AMERICA BROADCASTS.
(a) In General.--The Voice of America shall devote programming each
day to broadcasting information on the individual States of the United
States. The broadcasts shall include--
(1) information on the products, tourism, and cultural and
educational facilities of each State;
(2) information on the potential for trade with each State;
and
(3) discussions with State officials with respect to the
matters described in paragraphs (1) and (2).
(b) Report.--Not later than one year after the date of enactment of
this Act, the Broadcasting Board of Governors of the United States
Information Agency shall submit a report to Congress detailing the
actions that have been taken to carry out subsection (a).
[[Page 112 STAT. 2681-836]]
(c) State Defined.--In this section, the term ``State'' means any of
the several States of the United States, the District of Columbia, or
any commonwealth or territory of the United States.
TITLE XXV--INTERNATIONAL ORGANIZATIONS OTHER THAN UNITED NATIONS
SEC. 2501. INTERNATIONAL CONFERENCES AND CONTINGENCIES.
There are authorized to be appropriated for ``International
Conferences and Contingencies'', $6,537,000 for the fiscal year 1998 and
$16,223,000 for the fiscal year 1999 for the Department of State to
carry out the authorities, functions, duties, and responsibilities in
the conduct of the foreign affairs of the United States with respect to
international conferences and contingencies and to carry out other
authorities in law consistent with such purposes.
SEC. 2502. <<NOTE: 22 USC 262-1.>> RESTRICTION RELATING TO UNITED STATES
ACCESSION TO ANY NEW INTERNATIONAL CRIMINAL TRIBUNAL.
(a) Prohibition.--The United States shall not become a party to any
new international criminal tribunal, nor give legal effect to the
jurisdiction of such a tribunal over any matter described in subsection
(b), except pursuant to--
(1) a treaty made under Article II, section 2, clause 2 of
the Constitution of the United States on or after the date of
enactment of this Act; or
(2) any statute enacted by Congress on or after the date of
enactment of this Act.
(b) Jurisdiction Described.--The jurisdiction described in this
section is jurisdiction over--
(1) persons found, property located, or acts or omissions
committed, within the territory of the United States; or
(2) nationals of the United States, wherever found.
(c) Statutory Construction.--Nothing in this section precludes
sharing information, expertise, or other forms of assistance with such
tribunal.
(d) Definition.--The term ``new international criminal tribunal''
means any permanent international criminal tribunal established on or
after the date of enactment of this Act and does not include--
(1) the International Tribunal for the Prosecution of
Persons Responsible for Serious Violations of International
Humanitarian Law in the Territory of the Former Yugoslavia, as
established by United Nations Security Council Resolution 827 of
May 25, 1993; or
(2) the International Tribunal for the Prosecution of
Persons Responsible for Genocide and Other Serious Violations of
International Humanitarian Law Committed in the Territory of
Rwanda and Rwandan Citizens Responsible for Genocide and Other
Such Violations Committed in the Territory of Neighboring
States, as established by United Nations Security Council
Resolution 955 of November 8, 1994.
SEC. 2503. <<NOTE: 22 USC 276 note.>> UNITED STATES MEMBERSHIP IN THE
BUREAU OF THE INTERPARLIAMENTARY UNION.
<<NOTE: Certification. Effective date.>> (a) Interparliamentary
Union Limitation.--Unless the Secretary of State certifies to Congress
that the United States will be assessed not more than $500,000 for its
annual contribution to the Bureau of the Interparliamentary Union during
fiscal year
[[Page 112 STAT. 2681-837]]
1999, then effective October 1, 1999, the authority for further
participation by the United States in the Bureau shall terminate in
accordance with subsection (d).
(b) Elimination of Authority To Pay Expenses of the American
Group.--Section 1 of the Act entitled ``An Act to authorize
participation by the United States in the Interparliamentary Union'',
approved June 28, 1935 (22 U.S.C. 276) is amended--
(1) in the first sentence--
(A) by striking ``fiscal year'' and all that follows
through ``(1) for'' and inserting ``fiscal year for'';
(B) by striking ``; and''; and
(C) by striking paragraph (2); and
(2) by striking the second sentence.
(c) Elimination of Permanent Appropriation.--Section 303 of the
Departments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1988 (as contained in section 101(a) of the
Continuing Appropriations Act, 1988 (Public Law 100-202; 22 U.S.C. 276
note)) is amended--
(1) by striking ``$440,000'' and inserting ``$350,000''; and
(2) by striking ``paragraph (2) of the first section of
Public Law 74-170,''.
(d) Conditional Termination of Authority.--Unless Congress receives
the certification described in subsection (a) before October 1, 1999,
effective on that date the Act entitled ``An Act to authorize
participation by the United States in the Interparliamentary Union'',
approved June 28, 1935 (22 U.S.C. 276-276a-4) is repealed.
<<NOTE: 22 USC 276 note.>> (e) Transfer of Funds to the Treasury.--
Unobligated balances of appropriations made under section 303 of the
Departments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act 1988 (as contained in section 101(a) of the
Continuing Appropriations Act, 1988; Public Law 100-202) that are
available as of the day before the date of enactment of this Act shall
be transferred on such date to the general fund of the Treasury of the
United States.
SEC. 2504. SERVICE IN INTERNATIONAL ORGANIZATIONS.
(a) In General.--Section 3582(b) of title 5, United States Code, is
amended by striking all after the first sentence and inserting the
following: ``On reemployment, an employee entitled to the benefits of
subsection (a) is entitled to the rate of basic pay to which the
employee would have been entitled had the employee remained in the civil
service. On reemployment, the agency shall restore the sick leave
account of the employee, by credit or charge, to its status at the time
of transfer. The period of separation caused by the employment of the
employee with the international organization and the period necessary to
effect reemployment are deemed creditable service for all appropriate
civil service employment purposes. This subsection does not apply to a
congressional employee.''.
<<NOTE: 5 USC 3582 note.>> (b) Effective Date.--The amendment made
by subsection (a) shall apply with respect to transfers that take effect
on or after the date of enactment of this Act.
SEC. 2505. <<NOTE: 5 USC 5707 note.>> REPORTS REGARDING FOREIGN TRAVEL.
(a) Prohibition.--Except as provided in subsection (e), none of the
funds authorized to be appropriated by this division for fiscal year
1999 may be used to pay for the expenses of foreign travel by an officer
or employee of an Executive branch agency
[[Page 112 STAT. 2681-838]]
to attend an international conference, or for the routine services that
a United States diplomatic mission or consular post provides in support
of foreign travel by such an officer or employee to attend an
international conference, unless that officer or employee has submitted
a preliminary report with respect to that foreign travel in accordance
with subsection (b), and has not previously failed to submit a final
report with respect to foreign travel to attend an international
conference required by subsection (c).
(b) Preliminary Reports.--A preliminary report referred to in
subsection (a) is a report by an officer or employee of an Executive
branch agency with respect to proposed foreign travel to attend an
international conference, submitted to the Director prior to
commencement of the travel, setting forth--
(1) the name and employing agency of the officer or
employee;
(2) the name of the official who authorized the travel; and
(3) the purpose and duration of the travel.
(c) Final Reports.--A final report referred to in subsection (a) is
a report by an officer or employee of an Executive branch agency with
respect to foreign travel to attend an international conference,
submitted to the Director not later than 30 days after the conclusion of
the travel--
(1) setting forth the actual duration and cost of the
travel; and
(2) updating any other information included in the
preliminary report.
(d) Report to Congress.--The Director shall submit a report not
later than April 1, 1999, to the Committees on Foreign Relations and
Appropriations of the Senate and the Committees on International
Relations and Appropriations of the House of Representatives, setting
forth with respect to each international conference for which reports
described in subsection (c) were required to be submitted to the
Director during the preceding six months--
(1) the names and employing agencies of all officers and
employees of Executive branch agencies who attended the
international conference;
(2) the names of all officials who authorized travel to the
international conference, and the total number of officers and
employees who were authorized to travel to the conference by
each such official; and
(3) the total cost of travel by officers and employees of
Executive branch agencies to the international conference.
(e) Exceptions.--This section shall not apply to travel by--
(1) the President or the Vice President;
(2) any officer or employee who is carrying out an
intelligence or intelligence-related activity, who is performing
a protective function, or who is engaged in a sensitive
diplomatic mission; or
(3) any officer or employee who travels prior to January 1,
1999.
(f) Definitions.--In this section:
(1) Director.--The term ``Director'' means the Director of
the Office of International Conferences of the Department of
State.
(2) Executive branch agency.--The terms ``Executive branch
agency'' and ``Executive branch agencies'' mean--
[[Page 112 STAT. 2681-839]]
(A) an entity or entities, other than the General
Accounting Office, defined in section 105 of title 5,
United States Code; and
(B) the Executive Office of the President (except as
provided in subsection (e)).
(3) International conference.--The term ``international
conference'' means any meeting held under the auspices of an
international organization or foreign government, at which
representatives of more than two foreign governments are
expected to be in attendance, and to which United States
Executive branch agencies will send a total of ten or more
representatives.
(g) Report.--Not later than 180 days after the date of enactment of
this Act, and annually thereafter, the President shall submit to the
appropriate congressional committees a report describing--
(1) the total Federal expenditure of all official
international travel in each Executive branch agency during the
previous fiscal year; and
(2) the total number of individuals in each agency who
engaged in such travel.
TITLE XXVI--UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY
SEC. 2601. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out the purposes of
the Arms Control and Disarmament Act $41,500,000 for the fiscal year
1999.
SEC. 2602. STATUTORY CONSTRUCTION.
Section 303 of the Arms Control and Disarmament Act (22 U.S.C.
2573), as redesignated by section 2223 of this division, is amended by
adding at the end the following new subsection:
``(c) Statutory Construction.--Nothing contained in this chapter
shall be construed to authorize any policy or action by any Government
agency which would interfere with, restrict, or prohibit the
acquisition, possession, or use of firearms by an individual for the
lawful purpose of personal defense, sport, recreation, education, or
training.''.
TITLE <<NOTE: European Security Act of 1998. 22 USC 1928 note.>> XXVII--
EUROPEAN SECURITY ACT OF 1998
SEC. 2701. SHORT TITLE.
This title may be cited as the ``European Security Act of 1998''.
SEC. 2702. STATEMENT OF POLICY.
(a) Policy With Respect to NATO Enlargement.--Congress urges the
President to outline a clear and complete strategic rationale for the
enlargement of the North Atlantic Treaty Organization (NATO), and
declares that--
(1) Poland, Hungary, and the Czech Republic should not be
the last emerging democracies in Central and Eastern Europe
invited to join NATO;
(2) the United States should ensure that NATO continues a
process whereby all other emerging democracies in Central and
Eastern Europe that wish to join NATO will be considered
[[Page 112 STAT. 2681-840]]
for membership in NATO as soon as they meet the criteria for
such membership;
(3) the United States should ensure that no limitations are
placed on the numbers of NATO troops or types of equipment,
including tactical nuclear weapons, to be deployed on the
territory of new member states;
(4) the United States should reject all efforts to condition
NATO decisions on review or approval by the United Nations
Security Council;
(5) the United States should clearly delineate those NATO
deliberations, including but not limited to discussions on arms
control, further Alliance enlargement, procurement matters, and
strategic doctrine, that are not subject to review or discussion
in the NATO-Russia Permanent Joint Council;
(6) the United States should work to ensure that countries
invited to join the Alliance are provided an immediate seat in
NATO discussions; and
(7) the United States already pays more than a proportionate
share of the costs of the common defense of Europe and should
obtain, in advance, agreement on an equitable distribution of
the cost of NATO enlargement to ensure that the United States
does not continue to bear a disproportionate burden.
(b) Policy With Respect to Negotiations With Russia.--
(1) Implementation.--NATO enlargement should be carried out
in such a manner as to underscore the Alliance's defensive
nature and demonstrate to Russia that NATO enlargement will
enhance the security of all countries in Europe, including
Russia. Accordingly, the United States and its NATO allies
should make this intention clear in negotiations with Russia,
including negotiations regarding adaptation of the Conventional
Armed Forces in Europe (CFE) Treaty of November 19, 1990.
(2) Limitations on commitments to russia.--In seeking to
demonstrate to Russia NATO's defensive and security-enhancing
intentions, it is essential that neither fundamental United
States security interests in Europe nor the effectiveness and
flexibility of NATO as a defensive alliance be jeopardized. In
particular, no commitments should be made to Russia that would
have the effect of--
(A) extending rights or imposing responsibilities on
new NATO members different from those applicable to
current NATO members, including rights or
responsibilities with respect to the deployment of
nuclear weapons and the stationing of troops and
equipment from other NATO members;
(B) limiting the ability of NATO to defend the
territory of new NATO members by, for example,
restricting the construction of defense infrastructure
or limiting the ability of NATO to deploy necessary
reinforcements;
(C) providing any international organization, or any
country that is not a member of NATO, with authority to
delay, veto, or otherwise impede deliberations and
decisions of the North Atlantic Council or the
implementation of such decisions, including
deliberations and decisions with respect to the
deployment of NATO forces or the admission of additional
members to NATO;
[[Page 112 STAT. 2681-841]]
(D) impeding the development of enhanced relations
between NATO and other European countries that do not
belong to the Alliance;
(E) establishing a nuclear weapons-free zone in
Central or Eastern Europe;
(F) requiring NATO to subsidize Russian arms sales,
service, or support to the militaries of those former
Warsaw Pact countries invited to join the Alliance; or
(G) legitimizing Russian efforts to link concessions
in arms control negotiations to NATO enlargement.
(3) Commitments from russia.--In order to enhance security
and stability in Europe, the United States should seek
commitments from Russia--
(A) to demarcate and respect all its borders with
neighboring states;
(B) to achieve the immediate and complete withdrawal
of any armed forces and military equipment under the
control of Russia that are deployed on the territories
of the independent states of the former Soviet Union
without the full and complete agreement of those states;
(C) to station its armed forces on the territory of
other states only with the full and complete agreement
of that state and in strict accordance with
international law; and
(D) to take steps to reduce further its nuclear and
conventional forces in Kaliningrad.
(4) Consultations.--As negotiations on adaptation of the
Treaty on Conventional Armed Forces in Europe proceed, the
United States should engage in close and continuous
consultations not only with its NATO allies, but also with the
emerging democracies of Central and Eastern Europe, Ukraine, and
the South Caucasus.
(c) Policy With Respect to Ballistic Missile Defense Cooperation.--
(1) In general.--As the United States proceeds with efforts
to develop defenses against ballistic missile attack, it should
seek to foster a climate of cooperation with Russia on matters
related to missile defense. In particular, the United States and
its NATO allies should seek to cooperate with Russia in such
areas as early warning.
(2) Discussions with nato allies.--The United States should
initiate discussions with its NATO allies for the purpose of
examining the feasibility of deploying a ballistic missile
defense capable of protecting NATO's southern and eastern flanks
from a limited ballistic missile attack.
(3) Constitutional prerogatives.--Even as the Congress seeks
to promote ballistic missile defense cooperation with Russia, it
must insist on its constitutional prerogatives regarding
consideration of arms control agreements with Russia that bear
on ballistic missile defense.
SEC. 2703. AUTHORITIES RELATING TO NATO ENLARGEMENT.
(a) Policy of Section.--This section is enacted in order to
implement the policy set forth in section 2702(a).
(b) Designation of Additional Countries Eligible for NATO
Enlargement Assistance.--
(1) Designation of additional countries.--Romania, Estonia,
Latvia, Lithuania, and Bulgaria are each designated
[[Page 112 STAT. 2681-842]]
as eligible to receive assistance under the program established
under section 203(a) of the NATO Participation Act of 1994 (22
U.S.C. 1928 note) and shall be deemed to have been so designated
pursuant to section 203(d)(1) of such Act.
(2) Rule of construction.--The designation of countries
pursuant to paragraph (1) as eligible to receive assistance
under the program established under section 203(a) of the NATO
Participation Act of 1994--
(A) is in addition to the designation of other
countries by law or pursuant to section 203(d)(2) of
such Act as eligible to receive assistance under the
program established under section 203(a) of such Act;
and
(B) shall not preclude the designation by the
President of other emerging democracies in Central and
Eastern Europe pursuant to section 203(d)(2) of such Act
as eligible to receive assistance under the program
established under section 203(a) of such Act.
(3) Sense of congress.--It is the sense of Congress that
Romania, Estonia, Latvia, Lithuania, and Bulgaria--
(A) are to be commended for their progress toward
political and economic reform and meeting the guidelines
for prospective NATO members;
(B) would make an outstanding contribution to
furthering the goals of NATO and enhancing stability,
freedom, and peace in Europe should they become NATO
members; and
(C) upon complete satisfaction of all relevant
criteria should be invited to become full NATO members
at the earliest possible date.
(c) Regional Airspace Initiative and Partnership for Peace
Information Management System.--
(1) In general.--Funds described in paragraph (2) are
authorized to be made available to support the implementation of
the Regional Airspace Initiative and the Partnership for Peace
Information Management System, including--
(A) the procurement of items in support of these
programs; and
(B) the transfer of such items to countries
participating in these programs.
(2) Funds described.--Funds described in this paragraph are
funds that are available--
(A) during any fiscal year under the NATO
Participation Act of 1994 with respect to countries
eligible for assistance under that Act; or
(B) during fiscal year 1998 under any Act to carry
out the Warsaw Initiative.
(d) Extension of Authority Regarding Excess Defense Articles.--
Section 105 of Public Law 104-164 (110 Stat. 1427) is amended by
striking ``1996 and 1997'' and inserting ``1997, 1998, and 1999''.
(e) Conforming Amendments to the NATO Participation Act of 1994.--
Section 203(c) of the NATO Participation Act of 1994 (22 U.S.C. 1928
note) is amended--
(1) in paragraph (1), by striking ``, without regard to the
restrictions'' and all that follows through ``section)'';
(2) by striking paragraph (2);
[[Page 112 STAT. 2681-843]]
(3) in paragraph (6), by striking ``appropriated under the
`Nonproliferation and Disarmament Fund' account'' and inserting
``made available for the `Nonproliferation and Disarmament Fund'
''; and
(4) in paragraph (8)--
(A) by striking ``any restrictions in sections 516
and 519'' and inserting ``section 516(e)'';
(B) by striking ``as amended,''; and
(C) by striking ``paragraphs (1) and (2)'' and
inserting ``paragraph (1)''; and
(5) by redesignating paragraphs (3) through (8) as
paragraphs (2) through (7), respectively.
SEC. 2704. SENSE OF CONGRESS WITH RESPECT TO THE TREATY ON CONVENTIONAL
ARMED FORCES IN EUROPE.
It is the sense of Congress that no revisions to the Treaty on
Conventional Armed Forces in Europe will be approved for entry into
force with respect to the United States that jeopardize fundamental
United States 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 or responsibilities with respect to
the deployment of nuclear weapons and the stationing of troops
and equipment from other NATO members;
(2) limiting the ability of NATO to defend the territory of
new NATO members by, for example, restricting the construction
of defense infrastructure or limiting the ability of NATO to
deploy necessary reinforcements;
(3) providing any international organization, or any country
that is not a member of NATO, with the authority to delay, veto,
or otherwise impede deliberations and decisions of the North
Atlantic Council or the implementation of such decisions,
including deliberations and decisions with respect to the
deployment of NATO forces or the admission of additional members
to NATO; or
(4) impeding the development of enhanced relations between
NATO and other European countries that do not belong to the
Alliance.
SEC. 2705. RESTRICTIONS AND REQUIREMENTS RELATING TO BALLISTIC MISSILE
DEFENSE.
(a) Policy of Section.--This section is enacted in order to
implement the policy set forth in section 2702(c).
(b) Restriction on Entry Into Force of ABM/TMD Demarcation
Agreements.--An ABM/TMD demarcation agreement shall not be binding on
the United States, and shall not enter into force with respect to the
United States, unless, after the date of enactment of this Act, that
agreement is specifically approved with the advice and consent of the
United States Senate pursuant to Article II, section 2, clause 2 of the
Constitution.
(c) Sense of Congress With Respect to Demarcation Agreements.--
(1) Relationship to multilateralization of abm treaty.--It
is the sense of Congress that no ABM/TMD demarcation agreement
will be considered for advice and consent to ratification
unless, consistent with the certification of the President
pursuant to condition (9) of the resolution of
[[Page 112 STAT. 2681-844]]
ratification of the CFE Flank Document, the President submits
for Senate advice and consent to ratification any agreement,
arrangement, or understanding that would--
(A) 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
(B) change the geographic scope or coverage of the
ABM Treaty, or otherwise modify the meaning of the term
``national territory'' as
used in Article VI and Article IX of the ABM Treaty.
(2) Preservation of united states theater ballistic missile
defense potential.--It is the sense of Congress that no ABM/TMD
demarcation agreement that would reduce the capabilities of
United States 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.
<<NOTE: President.>> (d) Report on Cooperative Projects With
Russia.--Not later than January 1, 1999, and January 1, 2000, the
President shall submit to the Committees on International Relations,
National Security, and Appropriations of the House of Representatives
and the Committees on Foreign Relations, Armed Services, and
Appropriations of the Senate a report on cooperative projects with
Russia in the area of ballistic missile defense, including in the area
of early warning. Each such report shall include the following:
(1) Cooperative projects.--A description of all cooperative
projects conducted in the area of early warning and ballistic
missile defense during the preceding fiscal year and the fiscal
year during which the report is submitted.
(2) Funding.--A description of the funding for such projects
during the preceding fiscal year and the year during which the
report is submitted and the proposed funding for such projects
for the next fiscal year.
(3) Status of dialogue or discussions.--A description of the
status of any dialogue or discussions conducted during the
preceding fiscal year between the United States and Russia aimed
at exploring the potential for mutual accommodation of
outstanding issues between the two nations on matters relating
to ballistic missile defense and the ABM Treaty, including the
possibility of developing a strategic relationship not based on
mutual nuclear threats.
(e) Definitions.--In this section:
(1) ABM/TMD demarcation agreement.--The term ``ABM/TMD
demarcation agreement'' means any agreement that establishes a
demarcation between theater ballistic missile defense systems
and strategic antiballistic missile defense systems for purposes
of the ABM Treaty.
(2) ABM treaty.--The term ``ABM Treaty'' means the Treaty
Between the United States of America and the Union of Soviet
Socialist Republics on the Limitation of Anti-Ballistic Missile
Systems, signed at Moscow on May 26, 1972 (23 UST 3435), and
includes the Protocols to that Treaty, signed at Moscow on July
3, 1974 (27 UST 1645).
[[Page 112 STAT. 2681-845]]
TITLE XXVIII--OTHER FOREIGN POLICY PROVISIONS
SEC. 2801. REPORTS ON CLAIMS BY UNITED STATES FIRMS AGAINST THE
GOVERNMENT OF SAUDI ARABIA.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act and every 180 days thereafter, the Secretary of
State, after consultation with the Secretary of Defense and the
Secretary of Commerce, shall submit a report to the appropriate
congressional committees on specific actions taken by the Department of
State, the Department of Defense, and the Department of Commerce toward
progress in resolving the commercial disputes between United States
firms and the Government of Saudi Arabia that are described in the June
30, 1993, report by the Secretary of Defense pursuant to section 9140(c)
of the Department of Defense Appropriations Act, 1993 (Public Law 102-
396), including the additional claims noticed by the Department of
Commerce on page 2 of that report.
(b) Termination.--Subsection (a) shall cease to have effect on the
earlier of--
(1) the date of submission of the third report under that
subsection; or
(2) the date that the Secretary of State, after consultation
with the Secretary of Defense and the Secretary of Commerce,
certifies in writing to the appropriate congressional committees
that the commercial disputes referred to in subsection (a) have
been resolved satisfactorily.
SEC. 2802. REPORTS ON DETERMINATIONS UNDER TITLE IV OF THE LIBERTAD ACT.
(a) Reports Required.--Not later than 30 days after the date of the
enactment of this Act and every 3 months thereafter during the period
ending September 30, 1999, the Secretary of State shall submit to the
appropriate congressional committees a report on the implementation of
section 401 of the Cuban Liberty and Democratic Solidarity (LIBERTAD)
Act of 1996 (22 U.S.C. 6091). Each report shall include--
(1) an unclassified list, by economic sector, of the number
of entities then under review pursuant to that section;
(2) an unclassified list of all entities and a classified
list of all individuals that the Secretary of State has
determined to be subject to that section;
(3) an unclassified list of all entities and a classified
list of all individuals that the Secretary of State has
determined are no longer subject to that section;
(4) an explanation of the status of the review underway for
the cases referred to in paragraph (1); and
(5) an unclassified explanation of each determination of the
Secretary of State under section 401(a) of that Act and each
finding of the Secretary under section 401(c) of that Act--
(A) since the date of the enactment of this Act, in
the case of the first report under this subsection; and
(B) in the preceding 3-month period, in the case of
each subsequent report.
[[Page 112 STAT. 2681-846]]
(b) Protection of Identity of Concerned Entities.--In preparing the
report under subsection (a), the names of entities shall not be
identified under paragraph (1) or (4).
SEC. 2803. REPORT ON COMPLIANCE WITH THE HAGUE CONVENTION ON
INTERNATIONAL CHILD ABDUCTION.
(a) In General.--Beginning 6 months after the date of the enactment
of this Act and every 12 months thereafter during the period ending
September 30, 1999, the Secretary of State shall submit a report to the
appropriate congressional committees on the compliance with the
provisions of the Convention on the Civil Aspects of International Child
Abduction, done at The Hague on October 25, 1980, by the signatory
countries of the Convention. Each such report shall include the
following information:
(1) The number of applications for the return of children
submitted by United States citizens to the Central Authority for
the United States that remain unresolved more than 18 months
after the date of filing.
(2) A list of the countries to which children in unresolved
applications described in paragraph (1) are alleged to have been
abducted.
(3) A list of the countries that have demonstrated a pattern
of noncompliance with the obligations of the Convention with
respect to applications for the return of children submitted by
United States citizens to the Central Authority for the United
States.
(4) Detailed information on each unresolved case described
in paragraph (1) and on actions taken by the Department of State
to resolve each such case.
(5) Information on efforts by the Department of State to
encourage other countries to become signatories of the
Convention.
(b) Definition.--In this section, the term ``Central Authority for
the United States'' has the meaning given the term in Article 6 of the
Convention on the Civil Aspects of International Child Abduction, done
at The Hague on October 25, 1980.
SEC. 2804. SENSE OF CONGRESS RELATING TO RECOGNITION OF THE ECUMENICAL
PATRIARCHATE BY THE GOVERNMENT OF TURKEY.
It is the sense of Congress that the United States should use its
influence with the Government of Turkey to suggest that the Government
of Turkey--
(1) recognize the Ecumenical Patriarchate and its
nonpolitical, religious mission;
(2) ensure the continued maintenance of the institution's
physical security needs, as provided for under Turkish and
international law, including the Treaty of Lausanne, the 1968
Protocol, the Helsinki Final Act (1975), and the Charter of
Paris;
(3) provide for the proper protection and safety of the
Ecumenical Patriarch and Patriarchate personnel; and
(4) reopen the Ecumenical Patriarchate's Halki Patriarchal
School of Theology.
SEC. 2805. REPORT ON RELATIONS WITH VIETNAM.
In order to provide Congress with the necessary information by which
to evaluate the relationship between the United States
[[Page 112 STAT. 2681-847]]
and Vietnam, the Secretary of State shall submit a report to the
appropriate congressional committees, not later than 90 days after the
date of enactment of this Act and every 180 days thereafter during the
period ending September 30, 1999, on the extent to which--
(1) the Government of the Socialist Republic of Vietnam is
cooperating with the United States in providing the fullest
possible accounting of all unresolved cases of prisoners of war
(POWs) or persons missing-in-action (MIAs) through the provision
of records and the unilateral and joint recovery and
repatriation of American remains;
(2) the Government of the Socialist Republic of Vietnam has
made progress toward the release of all political and religious
prisoners, including Catholic, Protestant, and Buddhist clergy;
(3) the Government of the Socialist Republic of Vietnam is
cooperating with requests by the United States to obtain full
and free 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 in providing exit visas for such persons;
(4) the Government of the Socialist Republic of Vietnam has
taken vigorous action to end extortion, bribery, and other
corrupt practices in connection with such exit visas; and
(5) the Government of the United States is making vigorous
efforts to interview and resettle former reeducation camp
victims, their immediate families including unmarried sons and
daughters, former United States Government employees, and other
persons eligible for the ODP program, and to give such persons
the full benefit of all applicable United States laws including
sections 599D and 599E of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act of 1990
(Public Law 101-167).
SEC. 2806. REPORTS AND POLICY CONCERNING HUMAN RIGHTS VIOLATIONS IN
LAOS.
Not later than 180 days after the date of enactment of this Act, the
Secretary of State shall submit a report to the appropriate
congressional committees on the allegations of persecution and abuse of
the Hmong and Laotian
refugees who have returned to Laos. The report shall include the
following:
(1) A full investigation, including full documentation of
individual cases of persecution, of the Lao Government's
treatment of Hmong and Laotian refugees who have returned to
Laos.
(2) The steps the Department of State will take to continue
to monitor any systematic human rights violations by the
Government of Laos.
(3) The actions which the Department of State will take to
seek to ensure the cessation of human rights violations.
SEC. 2807. REPORT ON AN ALLIANCE AGAINST NARCOTICS TRAFFICKING IN THE
WESTERN HEMISPHERE.
(a) Sense of Congress on Discussions for Alliance.--
(1) Sense of congress.--It is the sense of Congress that the
President should discuss with the democratically-elected
governments of the Western Hemisphere, the prospect of
[[Page 112 STAT. 2681-848]]
forming a multilateral alliance to address problems relating to
international drug trafficking in the Western Hemisphere.
(2) Consultations.--In the consultations on the prospect of
forming an alliance described in paragraph (1), the President
should seek the input of such governments on the possibility of
forming one or more structures within the alliance--
(A) to develop a regional, multilateral strategy to
address the threat posed to nations in the Western
Hemisphere by drug trafficking; and
(B) to establish a new mechanism for improving
multilateral coordination of drug interdiction and drug-
related law enforcement activities in the Western
Hemisphere.
(b) Report.--
(1) Requirement.--Not <<NOTE: President.>> later than 60
days after the date of enactment of this Act, the President
shall submit to Congress a report on the proposal discussed
under subsection (a). The report shall include the following:
(A) An analysis of the reactions of the governments
concerned to the proposal.
(B) An assessment of the proposal, including an
evaluation of the feasibility and advisability of
forming the alliance.
(C) A determination in light of the analysis and
assessment whether or not the formation of the alliance
is in the national interests of the United States.
(D) If the President determines that the formation
of the alliance is in the national interests of the
United States, a plan for encouraging and facilitating
the formation of the alliance.
(E) If the President determines that the formation
of the alliance is not in the national interests of the
United States, an alternative proposal to improve
significantly efforts against the threats posed by
narcotics trafficking in the Western Hemisphere,
including an explanation of how the alternative proposal
will--
(i) improve upon current cooperation and
coordination of counter-drug efforts among nations
in the Western Hemisphere;
(ii) provide for the allocation of the
resources required to make significant progress in
disrupting and disbanding the criminal
organizations responsible for the trafficking of
illegal drugs in the Western Hemisphere; and
(iii) differ from and improve upon past
strategies adopted by the United States Government
which have failed to make sufficient progress
against the trafficking of illegal drugs in the
Western Hemisphere.
(2) Unclassified form.--The report under paragraph (1) shall
be submitted in unclassified form, but may contain a classified
annex.
SEC. 2808. CONGRESSIONAL STATEMENT REGARDING THE ACCESSION OF TAIWAN TO
THE WORLD TRADE ORGANIZATION.
(a) Findings.--The Congress makes the following findings:
(1) The people of the United States and the people of the
Republic of China on Taiwan have long enjoyed extensive ties.
[[Page 112 STAT. 2681-849]]
(2) Taiwan is currently the 8th largest trading partner of
the United States.
(3) The executive branch of Government has committed
publicly to support Taiwan's bid to join the World Trade
Organization and has declared that the United States will not
oppose this bid solely on the grounds that the People's Republic
of China, which also seeks membership in the World Trade
Organization, is not yet eligible because of its unacceptable
trade practices.
(4) The United States and Taiwan have concluded discussions
on a variety of outstanding trade issues that remain unresolved
with the People's Republic of China and that are necessary for
the United States to support Taiwan's membership in the World
Trade Organization.
(5) The reversion of control over Hong Kong--a member of the
World Trade Organization--to the People's Republic of China in
many respects affords to the People's Republic of China the
practical benefit of membership in the World Trade Organization
for a substantial portion of its trade in goods despite the fact
that the trade practices of the People's Republic of China
currently fall far short of what the United States expects for
membership in the World Trade Organization.
(6) The executive branch of Government has announced its
interest in the admission of the People's Republic of China to
the World Trade Organization; the fundamental sense of fairness
of the people of the United States warrants the United States
Government's support for Taiwan's relatively more meritorious
application for membership in the World Trade Organization.
(7) Despite having made significant progress in negotiations
for its accession to the World Trade Organization, Taiwan has
yet to offer acceptable terms of accession in agricultural and
certain other market sectors.
(8) It is in the economic interest of United States
consumers and exporters for Taiwan to complete those
requirements for accession to the World Trade Organization at
the earliest possible moment.
(b) Congressional Statement.--The Congress favors public support by
officials of the Department of State for the accession of Taiwan to the
World Trade Organization.
SEC. 2809. PROGRAMS OR PROJECTS OF THE INTERNATIONAL ATOMIC ENERGY
AGENCY IN CUBA.
(a) Withholding of United States Proportional Share of Assistance.--
Section 307(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2227(c))
is amended--
(1) by striking ``The limitations'' and inserting ``(1)
Subject to paragraph (2), the limitations''; and
<<NOTE: Applicability.>> (2) by adding at the end the
following:
``(2)(A) Except as provided in subparagraph (B), with respect to
funds authorized to be appropriated by this chapter and available for
the International Atomic Energy Agency, the limitations of subsection
(a) shall apply to programs or projects of such Agency in Cuba.
``(B)(i) Subparagraph (A) shall not apply with respect to programs
or projects of the International Atomic Energy Agency that provide for
the discontinuation, dismantling, or safety inspection
[[Page 112 STAT. 2681-850]]
of nuclear facilities or related materials, or for inspections and
similar activities designed to prevent the development of nuclear
weapons by a country described in subsection (a).
``(ii) Clause (i) shall not apply with respect to the Juragua
Nuclear Power Plant near Cienfuegos, Cuba, or the Pedro Pi Nuclear
Research Center unless Cuba--
``(I) ratifies the Treaty on the Non-Proliferation of
Nuclear Weapons (21 UST 483) or the Treaty for the Prohibition
of Nuclear Weapons in Latin America (commonly known as the
Treaty of Tlatelolco);
``(II) negotiates full-scope safeguards of the International
Atomic Energy Agency not later than two years after ratification
by Cuba of such Treaty; and
``(III) incorporates internationally accepted nuclear safety
standards.''.
(b) Opposition to <<NOTE: 22 USC 2021 note.>> Certain Programs or
Projects.--The Secretary of State shall direct the United States
representative to the International Atomic Energy Agency to oppose the
following:
(1) Technical assistance programs or projects of the Agency
at the Juragua Nuclear Power Plant near Cienfuegos, Cuba, and at
the Pedro Pi Nuclear Research Center.
(2) Any other program or project of the Agency in Cuba that
is, or could become, a threat to the security of the United
States.
<<NOTE: 22 USC 2021 note.>> (c) Reporting Requirements.--
(1) Request for iaea reports.--The Secretary of State shall
direct the United States representative to the International
Atomic Energy Agency to request the Director-General of the
Agency to submit to the United States all reports prepared with
respect to all programs or projects of the Agency that are of
concern to the United States, including the programs or projects
described in subsection (b).
(2) Annual reports to the congress.--Not later than 180 days
after the date of the enactment of this Act, and on an annual
basis thereafter, the Secretary of State, in consultation with
the United States representative to the International Atomic
Energy Agency, shall prepare and submit to the Congress a report
containing a description of all programs or projects of the
Agency in each country described in section 307(a) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2227(a)).
SEC. 2810. LIMITATION ON ASSISTANCE TO COUNTRIES AIDING CUBA NUCLEAR
DEVELOPMENT.
(a) In General.--Section 620 of the Foreign Assistance Act of 1961
(22 U.S.C. 2370), as amended by this division, is further amended by
adding at the end the following:
``(y)(1) Except as provided in paragraph (2), the President shall
withhold from amounts made available under this Act or any other Act and
allocated for a country for a fiscal year an amount equal to the
aggregate value of nuclear fuel and related assistance and credits
provided by that country, or any entity of that country, to Cuba during
the preceding fiscal year.
``(2) The requirement to withhold assistance for a country for a
fiscal year under paragraph (1) shall not apply if Cuba--
``(A) has ratified the Treaty on the Non-Proliferation of
Nuclear Weapons (21 UST 483) or the
Treaty of Tlatelelco,
[[Page 112 STAT. 2681-851]]
and Cuba is in compliance with the requirements of either such Treaty;
``(B) has negotiated and is in compliance with full-scope
safeguards of the International Atomic Energy Agency not later
than two years after ratification by Cuba of such Treaty; and
``(C) incorporates and is in compliance with internationally
accepted nuclear safety standards.
``(3) The Secretary of State shall prepare and submit to the
Congress each year a report containing a description of the amount of
nuclear fuel and related assistance and credits provided by any country,
or any entity of a country, to Cuba during the preceding year, including
the terms of each transfer of such fuel, assistance, or credits.''.
<<NOTE: 22 USC 2370 note.>> (b) Effective Date.--Section 620(y) of
the Foreign Assistance Act of 1961, as added by subsection (a), shall
apply with respect to assistance provided in fiscal years beginning on
or after the date of the enactment of this Act.
SEC. 2811. INTERNATIONAL FUND FOR IRELAND.
(a) Purposes.--Section 2(b) of the Anglo-Irish Agreement Support Act
of 1986 (Public Law 99-415; 100 Stat. 947) is amended by adding at the
end the following new sentences: ``United States contributions should be
used in a manner that effectively increases employment opportunities in
communities with rates of unemployment higher than the local or urban
average of unemployment in Northern Ireland. In addition, such
contributions should be used to benefit individuals residing in such
communities.''.
(b) Conditions and Understandings.--Section 5(a) of such Act is
amended--
(1) in the first sentence--
(A) by striking ``The United States'' and inserting
the following:
``(1) In general.--The United States'';
(B) by striking ``in this Act may be used'' and
inserting the following: ``in this Act--
``(A) may be used'';
(C) by striking the period and inserting ``; and'';
and
(D) by adding at the end the following:
``(B) should be provided to individuals or entities
in Northern Ireland which employ practices consistent
with the principles of economic justice.''; and
(2) in the second sentence, by striking ``The restrictions''
and inserting the following:
``(2) Additional requirements.--The restrictions''.
(c) Prior Certifications.--Section 5(c)(2) of such Act is amended--
(1) in subparagraph (A), by striking ``in accordance with
the principle of equality'' and all that follows and inserting
``to individuals and entities whose practices are consistent
with principles of economic justice; and''; and
(2) in subparagraph (B), by inserting before the period at
the end the following: ``and will create employment
opportunities in regions and communities of Northern Ireland
suffering from high rates of unemployment''.
(d) Annual Reports.--Section 6 of such Act is amended--
(1) in paragraph (2), by striking ``and'' at the end;
[[Page 112 STAT. 2681-852]]
(2) in paragraph (3), by striking the period and inserting
``; and''; and
(3) by adding at the end the following new paragraph:
``(4) the extent to which the practices of each individual
or entity receiving assistance from United States contributions
to the International Fund has been consistent with the
principles of economic justice.''.
(e) Requirements Relating to Funds.--Section 7 of such Act is
amended by adding at the end the following:
``(c) Prohibition.--Nothing included herein shall require quotas or
reverse discrimination or mandate their use.''.
(f) Definitions.--Section 8 of such Act is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) the term `principles of economic justice' means the
following principles:
``(A) Increasing the representation of individuals
from underrepresented religious groups in the workforce,
including managerial, supervisory, administrative,
clerical, and technical jobs.
``(B) Providing adequate security for the protection
of minority employees at the workplace.
``(C) Banning provocative sectarian or political
emblems from the workplace.
``(D) Providing that all job openings be advertised
publicly and providing that special recruitment efforts
be made to attract applicants from underrepresented
religious groups.
``(E) Providing that layoff, recall, and termination
procedures do not favor a particular religious group.
``(F) Abolishing job reservations, apprenticeship
restrictions, and differential employment criteria which
discriminate on the basis of religion.
``(G) Providing for the development of training
programs that will prepare substantial numbers of
minority employees for skilled jobs, including the
expansion of existing programs and the creation of new
programs to train, upgrade, and improve the skills of
minority employees.
``(H) Establishing procedures to assess, identify,
and actively recruit minority employees with the
potential for further advancement.
``(I) Providing for the appointment of a senior
management staff member to be responsible for the
employment efforts of the entity and, within a
reasonable period of time, the implementation of the
principles described in subparagraphs (A) through
(H).''.
SEC. 2812. SUPPORT FOR DEMOCRATIC OPPOSITION IN IRAQ.
(a) Assistance for Justice in Iraq.--There are authorized to be
appropriated for fiscal year 1998 $3,000,000 for assistance to an
international commission to establish an international record for the
criminal culpability of Saddam Hussein and other Iraqi officials and for
an international criminal tribunal established for the purpose of
indicting, prosecuting, and punishing Saddam
[[Page 112 STAT. 2681-853]]
Hussein and other Iraqi officials responsible for crimes against
humanity, genocide, and other violations of international law.
(b) Assistance to the Democratic Opposition in Iraq.--There are
authorized to be appropriated for fiscal year 1998 $15,000,000 to
provide support for democratic opposition forces in Iraq, of which--
(1) not more than $10,000,000 shall be for assistance to the
democratic opposition, including leadership organization,
training political cadre, maintaining offices, disseminating
information, and developing and implementing agreements among
opposition elements; and
(2) not more than $5,000,000 of the funds made available
under this subsection shall be available only for grants to RFE/
RL, Incorporated, for surrogate radio broadcasting by RFE/RL,
Incorporated, to the Iraqi people in the Arabic language, such
broadcasts to be designated as ``Radio Free Iraq''.
(c) Assistance for Humanitarian Relief and Reconstruction.--There
are authorized to be appropriated for fiscal year 1998 $20,000,000 for
the relief, rehabilitation, and reconstruction of people living in Iraq,
and communities located in Iraq, who are not under the control of the
Saddam Hussein regime.
(d) Availability.--Amounts authorized to be appropriated by this
section shall be provided in addition to amounts otherwise made
available and shall remain available until expended.
(e) Notification.--All assistance provided pursuant to this section
shall be notified to Congress in accordance with the procedures
applicable to reprogramming notifications under section 634A of the
Foreign Assistance Act of 1961.
(f) Relation to Other Laws.--Funds made available to carry out the
provisions of this section may be made available notwithstanding any
other provision of law.
(g) Report.--Not later than 45 days after the date of enactment of
this Act, the Secretary of State and the Broadcasting Board of Governors
of the United States Information Agency shall submit a detailed report
to Congress describing--
(1) the costs, implementation, and plans for the
establishment of an international war crimes tribunal described
in subsection (a);
(2) the establishment of a political assistance program, and
the surrogate broadcasting service, as described in subsection
(b); and
(3) the humanitarian assistance program described in
subsection (c).
SEC. 2813. DEVELOPMENT OF DEMOCRACY IN THE REPUBLIC OF SERBIA.
(a) Findings.--Congress makes the following findings:
(1) The United States stands as the beacon of democracy and
freedom in the world.
(2) A stable and democratic Republic of Serbia is important
to the interests of the United States, the international
community, and to peace in the Balkans.
(3) Democratic forces in the Republic of Serbia are
beginning to emerge, notwithstanding the efforts of Europe's
longest-standing communist dictator, Slobodan Milosevic.
(4) The Serbian authorities have sought to continue to
hinder the growth of free and independent news media in
[[Page 112 STAT. 2681-854]]
the Republic of Serbia, in particular the broadcast news media,
and have harassed journalists performing their professional
duties.
(5) Under Slobodan Milosevic, the political opposition in
Serbia has been denied free, fair, and equal opportunity to
participate in the democratic process.
(b) Sense of Congress.--It is the sense of 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, help strengthen the
independent news media, and press for the Government of the
Republic of Serbia to respect the rule of law; 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--
(A) promote the building of democratic institutions,
including strengthening the independent news media and
respecting the rule of law;
(B) promote the respect for human rights throughout
the ``Federal Republic of Yugoslavia'' (Serbia and
Montenegro); and
(C) promote and encourage free, fair, and equal
conditions for the democratic opposition in Serbia.
DIVISION--H <<NOTE: Depository Institution-GSE Affiliation Act of
1998. 12 USC 1811 note.>>
SECTION 1. SHORT TITLE.
This Division may be cited as the ``Depository Institution-GSE
Affiliation Act of 1998''.
SEC. 2. CERTAIN AFFILIATION PERMITTED.
Section 18(s) of the Federal Deposit Insurance Act (12 U.S.C.
1828(s)) is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new
paragraph:
``(4) Student loans.--
``(A) In general.--This subsection shall not apply
to any arrangement between the Holding Company (or any
subsidiary of the Holding Company other than the Student
Loan Marketing Association) and a depository
institution, if the Secretary approves the affiliation
and determines that--
``(i) the reorganization of such Association
in accordance with section 440 of the Higher
Education Act of 1965, as amended, will not be
adversely affected by the arrangement;
``(ii) the dissolution of the Association
pursuant to such reorganization will occur before
the end of the 2-year period beginning on the date
on which such arrangement is consummated or on
such earlier date as the Secretary deems
appropriate: Provided, That the Secretary may
extend this period for not more than 1 year at a
time if the Secretary determines that such
extension is in the public interest and is
[[Page 112 STAT. 2681-855]]
appropriate to achieve an orderly reorganization
of the Association or to prevent market
disruptions in connection with such
reorganization, but no such extensions shall in
the aggregate exceed 2 years;
``(iii) the Association will not purchase or
extend credit to, or guarantee or provide credit
enhancement to, any obligation of the depository
institution;
``(iv) the operations of the Association will
be separate from the operations of the depository
institution; and
``(v) until the `dissolution date' (as that
term is defined in section 440 of the Higher
Education Act of 1965, as amended) has occurred,
such depository institution will not use the trade
name or service mark `Sallie Mae' in connection
with any product or service it offers if the
appropriate Federal banking agency for such
depository institution determines that--
``(I) the depository institution is
the only institution offering such
product or service using the `Sallie
Mae' name; and
``(II) such use would result in the
depository institution having an unfair
competitive advantage over other
depository institutions.
``(B) Terms and conditions.--In approving any
arrangement referred to in subparagraph (A) the
Secretary may impose any terms and conditions on such an
arrangement that the Secretary considers appropriate,
including--
``(i) imposing additional restrictions on the
issuance of debt obligations by the Association;
or
``(ii) restricting the use of proceeds from
the issuance of such debt.
``(C) Additional limitations.--In the event that the
Holding Company (or any subsidiary of the Holding
Company) enters into such an arrangement, the value of
the Association's `investment portfolio' shall not at
any time exceed the lesser of--
``(i) the value of such portfolio on the date
of the enactment of this subsection; or
``(ii) the value of such portfolio on the date
such an arrangement is consummated. The term
`investment portfolio' shall mean all investments
shown on the consolidated balance sheet of the
Association other than--
``(I) any instrument or assets
described in section 439(d) of the
Higher Education Act of 1965, as
amended;
``(II) any direct noncallable
obligations of the United States or any
agency thereof for which the full faith
and credit of the United States is
pledged; or
``(III) cash or cash equivalents.
``(D) Enforcement.--The terms and conditions imposed
under subparagraph (B) may be enforced by the Secretary
in accordance with section 440 of the Higher Education
Act of 1965.
``(E) Definitions.--For purposes of this paragraph,
the following definition shall apply--
[[Page 112 STAT. 2681-856]]
``(i) Association; holding company.--
Notwithstanding any provision in section 3, the
terms `Association' and `Holding Company' have the
same meanings as in section 440(i) of the Higher
Education Act of 1965.
``(ii) Secretary.--The term `Secretary' means
the Secretary of the Treasury.''.
DIVISION <<NOTE: Chemical Weapons Convention Implementation Act of
1998. 22 USC 6701 note.>> I--CHEMICAL WEAPONS CONVENTION
SECTION 1. SHORT TITLE.
This Division may be cited as the ``Chemical Weapons Convention
Implementation Act of 1998''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
TITLE I--GENERAL PROVISIONS
Sec. 101. Designation of United States National Authority.
Sec. 102. No abridgement of constitutional rights.
Sec. 103. Civil liability of the United States.
TITLE II--PENALTIES FOR UNLAWFUL ACTIVITIES SUBJECT TO THE JURISDICTION
OF THE UNITED STATES
Subtitle A--Criminal and Civil Penalties
Sec. 201. Criminal and civil provisions.
Subtitle B--Revocations of Export Privileges
Sec. 211. Revocations of export privileges.
TITLE III--INSPECTIONS
Sec. 301. Definitions in the title.
Sec. 302. Facility agreements.
Sec. 303. Authority to conduct inspections.
Sec. 304. Procedures for inspections.
Sec. 305. Warrants.
Sec. 306. Prohibited acts relating to inspections.
Sec. 307. National security exception.
Sec. 308. Protection of constitutional rights of contractors.
Sec. 309. Annual report on inspections.
Sec. 310. United States assistance in inspections at private facilities.
TITLE IV--REPORTS
Sec. 401. Reports required by the United States National Authority.
Sec. 402. Prohibition relating to low concentrations of schedule 2 and 3
chemicals.
Sec. 403. Prohibition relating to unscheduled discrete organic chemicals
and coincidental byproducts in waste streams.
Sec. 404. Confidentiality of information.
Sec. 405. Recordkeeping violations.
TITLE V--ENFORCEMENT
Sec. 501. Penalties.
Sec. 502. Specific enforcement.
Sec. 503. Expedited judicial review.
TITLE VI--MISCELLANEOUS PROVISIONS
Sec. 601. Repeal.
Sec. 602. Prohibition.
Sec. 603. Bankruptcy actions.
SEC. 3. <<NOTE: 22 USC 6701.>> DEFINITIONS.
In this Act:
[[Page 112 STAT. 2681-857]]
(1) Chemical weapon.--The term ``chemical weapon'' means the
following, together or separately:
(A) A toxic chemical and its precursors, except
where intended for a purpose not prohibited under this
Act as long as the type and quantity is consistent with
such a purpose.
(B) A munition or device, specifically designed to
cause death or other harm through toxic properties of
those toxic chemicals specified in subparagraph (A),
which would be released as a result of the employment of
such munition or device.
(C) Any equipment specifically designed for use
directly in connection with the employment of munitions
or devices specified in subparagraph (B).
(2) Chemical weapons convention; convention.--The terms
``Chemical Weapons Convention'' and ``Convention'' mean 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.
(3) Key component of a binary or multicomponent chemical
system.--The term ``key component of a binary or multicomponent
chemical system'' means the precursor which plays the most
important role in determining the toxic properties of the final
product and reacts rapidly with other chemicals in the binary or
multicomponent system.
(4) National of the united states.--The term ``national of
the United States'' has the same meaning given such term in
section 101(a)(22) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(22)).
(5) Organization.--The term ``Organization'' means the
Organization for the Prohibition of Chemical Weapons.
(6) Person.--The term ``person'', except as otherwise
provided, means any individual, corporation, partnership, firm,
association, trust, estate, public or private institution, any
State or any political subdivision thereof, or any political
entity within a State, any foreign government or nation or any
agency, instrumentality or political subdivision of any such
government or nation, or other entity located in the United
States.
(7) Precursor.--
(A) In general.--The term ``precursor'' means any
chemical reactant which takes part at any stage in the
production by whatever method of a toxic chemical. The
term includes any key component of a binary or
multicomponent chemical system.
(B) List of precursors.--Precursors which have been
identified for the application of verification measures
under Article VI of the Convention are listed in
schedules contained in the Annex on Chemicals of the
Chemical Weapons Convention.
(8) Purposes not prohibited by this act.--The term
``purposes not prohibited by this Act'' means the following:
(A) Peaceful purposes.--Any peaceful purpose related
to an industrial, agricultural, research, medical, or
pharmaceutical activity or other activity.
(B) Protective purposes.--Any purpose directly
related to protection against toxic chemicals and to
protection against chemical weapons.
[[Page 112 STAT. 2681-858]]
(C) Unrelated military purposes.--Any military
purpose of the United States that is not connected with
the use of a chemical weapon and that is not dependent
on the use of the toxic or poisonous properties of the
chemical weapon to cause death or other harm.
(D) Law enforcement purposes.--Any law enforcement
purpose, including any domestic riot control purpose and
including imposition of capital punishment.
(9) Technical secretariat.--The term ``Technical
Secretariat'' means the Technical Secretariat of the
Organization for the Prohibition of Chemical Weapons established
by the Chemical Weapons Convention.
(10) Schedule 1 chemical agent.--The term `Schedule 1
chemical agent' means any of the following, together or
separately:
(A) O-Alkyl (<ls-thn-eq>C<INF>10</INF>, incl.
cycloalkyl) alkyl
(Me, Et, n-Pr or i-Pr)-phosphonofluoridates
(e.g. Sarin: O-Isopropyl
methylphosphonofluoridate Soman: O-Pinacolyl
methylphosphonofluoridate).
(B) O-Alkyl (<ls-thn-eq>C<INF>10</INF>, incl.
cycloalkyl) N,N-dialkyl
(Me, Et, n-Pr or i-Pr)-phosphoramidocyanidates
(e.g. Tabun: O-Ethyl N,N-dimethyl
phosphoramidocyanidate).
(C) O-Alkyl (H or <ls-thn-eq>C<INF>10</INF>, incl.
cycloalkyl) S-2-dialkyl
(Me, Et, n-Pr or i-Pr)-aminoethyl alkyl
(Me, Et, n-Pr or i-Pr) phosphonothiolates and
corresponding alkylated or protonated salts
(e.g. VX: O-Ethyl S-2-diisopropylaminoethyl
methyl phosphonothiolate).
(D) Sulfur mustards:
2-Chloroethylchloromethylsulfide
Mustard gas: (Bis(2-chloroethyl)sulfide
Bis(2-chloroethylthio)methane
Sesquimustard: 1,2-Bis(2-
chloroethylthio)ethane
1,3-Bis(2-chloroethylthio)-n-propane
1,4-Bis(2-chloroethylthio)-n-butane
1,5-Bis(2-chloroethylthio)-n-pentane
Bis(2-chloroethylthiomethyl)ether
O-Mustard: Bis(2-chloroethylthioethyl)ether.
(E) Lewisites:
Lewisite 1: 2-Chlorovinyldichloroarsine
Lewisite 2: Bis(2-chlorovinyl)chloroarsine
Lewisite 3: Tris (2-clorovinyl)arsine.
(F) Nitrogen mustards:
HN1: Bis(2-chloroethyl)ethylamine
HN2: Bis(2-chloroethyl)methylamine
HN3: Tris(2-chloroethyl)amine.
(G) Saxitoxin.
(H) Ricin.
(I) Alkyl (Me, Et, n-Pr or i-Pr)
phosphonyldifluorides
e.g. DF: Methylphosphonyldifluoride.
(J) O-Alkyl (H or >C<INF>10</INF>, incl.
cycloalkyl)O-2-dialkyl
(Me, Et, n-Pr or i-Pr)-aminoethyl alkyl
(Me, Et, n-Pr or i-Pr) phosphonites and
corresponding alkylated or protonated salts
e.g. QL: O-Ethyl O-2-diisopropylaminoethyl methylphosphonite.
(K) Chlorosarin: O-Isopropyl methylphosphonochloridate.
[[Page 112 STAT. 2681-859]]
(L) Chlorosoman: O-Pinacolyl methylphosphonochloridate.
(11) Schedule 2 chemical agent.--The term `Schedule 2 chemical
agent' means the following, together or separately:
(A) Amiton: O,O-Diethyl S-[2-(diethylamino)ethyl]
phosphorothiolate and corresponding alkylated or protonated salts.
(B) PFIB: 1,1,3,3,3-Pentafluoro-2-(trifluoromethyl)-1-propene.
(C) BZ: 3-Quinuclidinyl benzilate
(D) Chemicals, except for those listed in Schedule 1, containing a
phosphorus atom to which is bonded one methyl, ethyl or propyl (normal
or iso) group but not further carbon atoms,
e.g. Methylphosphonyl dichloride Dimethyl methylphosphonate
Exemption: Fonofos: O-Ethyl S-phenyl ethylphosphonothiolothionate.
(E) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) phosphoramidic dihalides.
(F) Dialkyl (Me, Et, n-Pr or i-Pr) N,N-dialkyl (Me, Et, n-Pr or i-
Pr)-phosphoramidates.
(G) arsenic trichloride.
(H) 2,2-Diphenyl-2-hydroxyacetic acid.
(I) Quinuclidine-3-ol.
(J) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethyl-2-chlorides and
corresponding protonated salts.
(K) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethane-2-ols and
corresponding protonated salts
Exemptions: N,N-Dimethylaminoethanol and corresponding protonated
salts N,N-Diethylaminoethanol and corresponding protonated salts.
(L) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethane-2-thiols and
corresponding protonated salts.
(M) Thiodiglycol: Bis(2-hydroxyethyl)sulfide.
(N) Pinacolyl alcohol: 3,3-Dimethylbutane-2-ol.
(12) Schedule 3 chemical agent.--The term `Schedule 3 chemical
agent' means any of the following, together or separately:
(A) Phosgene: carbonyl dichloride.
(B) Cyanogen chloride.
(C) Hydrogen cyanide.
(D) Chloropicrin: trichloronitromethane.
(E) Phosphorous oxychloride.
(F) Phosphorous trichloride.
(G) Phosphorous pentachloride.
(H) Trimethyl phosphite.
(I) Triethyl phosphite.
(J) Dimethyl phosphite.
(K) Diethyl phosphite.
(L) Sulfur monochloride.
(M) Sulfur dichloride.
(N) Thionyl chloride.
(O) Ethyldiethanolamine.
(P) Methyldiethanolamine.
(Q) Triethanolamine.
(13) Toxic chemical.--
(A) In general.--The term ``toxic chemical'' means any chemical
which through its chemical action on life processes can cause death,
temporary incapacitation or permanent
harm to humans or animals. The term includes all such chemicals,
regardless of their origin or of their method of production, and
regardless of whether they are produced in facilities, in munitions or
elsewhere.
[[Page 112 STAT. 2681-860]]
(B) List of toxic chemicals.--Toxic chemicals which
have been identified for the application of verification
measures under Article VI of the Convention are listed
in schedules contained in the Annex on Chemicals of the
Chemical Weapons Convention.
(14) United states.--The term ``United States'' means the
several States of the United States, the District of Columbia,
and the commonwealths, territories, and possessions of the
United States and includes all places under the jurisdiction or
control of the United States, including--
(A) any of the places within the provisions of
paragraph (41) of section 40102 of title 49, United
States Code;
(B) any civil aircraft of the United States or
public aircraft, as such terms are defined in paragraphs
(17) and (37), respectively, of section 40102 of title
49, United States Code; and
(C) any vessel of the United States, as such term is
defined in section 3(b) of the Maritime Drug Enforcement
Act, as amended (46 U.S.C., App. sec. 1903(b)).
(15) Unscheduled discrete organic chemical.--The term
``unscheduled discrete organic chemical'' means any chemical not
listed on any schedule contained in the Annex on Chemicals of
the Convention that belongs to the class of chemical compounds
consisting of all compounds of carbon, except for its oxides,
sulfides, and metal carbonates.
TITLE I--GENERAL PROVISIONS
SEC. 101. <<NOTE: 22 USC 6711.>> DESIGNATION OF UNITED STATES NATIONAL
AUTHORITY.
(a) Designation.--Pursuant to paragraph 4 of Article VII of the
Chemical Weapons Convention, the President shall designate the
Department of State to be the United States National Authority.
(b) Purposes.--The United States National Authority shall--
(1) serve as the national focal point for effective liaison
with the Organization for the Prohibition of Chemical Weapons
and other States Parties to the Convention; and
(2) implement the provisions of this Act in coordination
with an interagency group designated by the President consisting
of the Secretary of Commerce, Secretary of Defense, Secretary of
Energy, the Attorney General, and the heads of agencies
considered necessary or advisable by the President.
(c) Director.--The Secretary of State shall serve as the Director
of the United States National Authority.
(d) Powers.--The Director may utilize the administrative
authorities otherwise available to the Secretary of State in carrying
out the responsibilities of the Director set forth in this Act.
(e) Implementation.--The President is authorized to implement and
carry out the provisions of this Act and the Convention and shall
designate through Executive order which agencies of the United States
shall issue, amend, or revise the regulations in order to implement this
Act and the provisions of the Convention. The Director of the United
States National Authority shall report to the Congress on the
regulations that have been issued, implemented, or revised pursuant to
this section.
[[Page 112 STAT. 2681-861]]
SEC. 102. NO <<NOTE: 22 USC 6712.>> ABRIDGEMENT OF CONSTITUTIONAL
RIGHTS.
No person may be required, as a condition for entering into a
contract with the United States or as a condition for receiving any
benefit from the United States, to
waive any right under the Constitution for any purpose related to this
Act or the Convention.
SEC. 103. <<NOTE: 22 USC 6713.>> CIVIL LIABILITY OF THE UNITED STATES.
(a) Claims for Taking of Property.--
(1) Jurisdiction of courts of the united states.--
(A) United states court of federal claims.--The
United States Court of Federal Claims shall, subject to
subparagraph (B), have jurisdiction of any civil action
or claim against the United States for any taking of
property without just compensation that occurs by reason
of the action of any officer or employee of the
Organization for the Prohibition of Chemical Weapons,
including any member of an inspection team of the
Technical Secretariat, or by reason of the action of any
officer or employee of the United States pursuant to
this Act or the Convention. For purposes of this
subsection, action taken pursuant to or under the color
of this Act or the Convention shall be deemed to be
action taken by the United States for a public purpose.
(B) District courts.--The district courts of the
United States shall have original jurisdiction,
concurrent with the United States Court of Federal
Claims, of any civil action or claim described in
subparagraph (A) that does not exceed $10,000.
(2) Notification.--Any person intending to bring a civil
action pursuant to paragraph (1) shall notify the United States
National Authority of that intent at least one year before
filing the claim in the United States Court of Federal Claims.
Action on any claim filed during that one-year period shall be
stayed. The one-year period following the notification shall not
be counted for purposes of any law limiting the period within
which the civil action may be commenced.
(3) Initial steps by united states government to seek
remedies.--During the period between a notification pursuant to
paragraph (2) and the filing of a claim covered by the
notification in the United States Court of Federal Claims, the
United States National Authority shall pursue all diplomatic and
other remedies that the United States National Authority
considers necessary and appropriate to seek redress for the
claim including, but not limited to, the remedies provided for
in the Convention and under this Act.
(4) Burden of proof.--In any civil action under paragraph
(1), the plaintiff shall have the burden to establish a prima
facie case that, due to acts or omissions of any official of the
Organization or any member of an inspection team of the
Technical Secretariat taken under the color of the Convention,
proprietary information of the plaintiff has been divulged or
taken without authorization. If the United States Court of
Federal Claims finds that the plaintiff has demonstrated such a
prima facie case, the burden shall shift to the United States to
disprove the plaintiff's claim. In deciding whether
[[Page 112 STAT. 2681-862]]
the plaintiff has carried its burden, the United States Court of
Federal Claims shall consider, among other things--
(A) the value of proprietary information;
(B) the availability of the proprietary information;
(C) the extent to which the proprietary information
is based on patents, trade secrets, or other protected
intellectual property;
(D) the significance of proprietary information; and
(E) the emergence of technology elsewhere a
reasonable time after the inspection.
(b) Tort Liability.--The district courts of the United States shall
have exclusive jurisdiction of civil actions for money damages for any
tort under the Constitution or any Federal or State law arising from the
acts or omissions of any officer or employee of the United States or the
Organization, including any member of an inspection team of the
Technical Secretariat, taken pursuant to or under color of the
Convention or this Act.
(c) Waiver of Sovereign Immunity of the United States.--In any
action under subsection (a) or (b), the United States may not raise
sovereign immunity as a defense.
(d) Authority for Cause of Action.--
(1) United states actions in united states district court.--
Notwithstanding any other law, the Attorney General of the
United States is authorized to bring an action in the United
States District Court for the District of Columbia against any
foreign nation for money damages resulting from that nation's
refusal to provide indemnification to the United States for any
liability imposed on the United States by virtue of the actions
of an inspector of the Technical Secretariat who is a national
of that foreign nation acting at the direction or the behest of
that foreign nation.
(2) United states actions in courts outside the united
states.--The Attorney General is authorized to seek any and all
available redress in any international tribunal for
indemnification to the United States for any liability imposed
on the United States by virtue of the actions of an inspector of
the Technical Secretariat, and to seek such redress in the
courts of the foreign nation from which the inspector is a
national.
(3) Actions brought by individuals and businesses.--
Notwithstanding any other law, any national of the United
States, or any business entity organized and operating under the
laws of the United States, may bring a civil action in a United
States District Court for money damages against any foreign
national or any business entity organized and operating under
the laws of a foreign nation for an unauthorized or unlawful
acquisition, receipt, transmission, or use of property by or on
behalf of such foreign national or business entity as a result
of any tort under the Constitution or any Federal or State law
arising from acts or omissions by any officer or employee of the
United States or any member of an inspection team of the
Technical Secretariat taken pursuant to or under the color of
the Convention or this Act.
(e) Recoupment.--
(1) Policy.--It is the policy of the United States to recoup
all funds withdrawn from the Treasury of the United States in
payment for any tort under Federal or State law or taking
[[Page 112 STAT. 2681-863]]
under the Constitution arising from the acts or omissions of any
foreign person, officer, or employee of the Organization,
including any member of an inspection team of the Technical
Secretariat, taken under color of the Chemical Weapons
Convention or this Act.
(2) Sanctions on foreign companies.--
(A) Imposition of sanctions.--The sanctions provided
in subparagraph (B) shall be imposed for a period of not
less than ten years upon--
(i) any foreign person, officer, or employee
of the Organization, including any member of an
inspection team of the Technical Secretariat, for
whose actions or omissions the United States has
been held liable for a tort or taking pursuant to
this Act; and
(ii) any foreign person or business entity
organized and operating under the laws of a
foreign nation which knowingly assisted,
encouraged or induced, in any way, a foreign
person described in clause (i) to publish,
divulge, disclose, or make known in any manner or
to any extent not authorized by the Convention any
United States confidential business information.
(B) Sanctions.--
(i) Arms export transactions.--The United
States Government shall not sell to a person
described in subparagraph (A) any item on the
United States Munitions List and shall terminate
sales of any defense articles, defense services,
or design and construction services to a person
described in subparagraph (A) under the Arms
Export Control Act.
(ii) Sanctions under export administration act
of 1979.--The authorities under section 6 of the
Export Administration Act of 1979 shall be used to
prohibit the export of any goods or technology on
the control list established pursuant to section
5(c)(1) of that Act to a person described in
subparagraph (A).
(iii) International financial assistance.--The
United States shall oppose any loan or financial
or technical assistance by international financial
institutions in accordance with section 701 of the
International Financial Institutions Act to a
person described in subparagraph (A).
(iv) Export-import bank transactions.--The
United States shall not give approval to
guarantee, insure, or extend credit, or to
participate in the extension of credit to a person
described in subparagraph (A) through the Export-
Import Bank of the United States.
(v) Private bank transactions.--Regulations
shall be issued to prohibit any United States bank
from making any loan or providing any credit to a
person described in subparagraph (A).
(vi) Blocking of assets.--The President shall
take all steps necessary to block any transactions
in any property subject to the jurisdiction of the
United States in which a person described in
subparagraph (A) has any interest whatsoever, for
the purpose of
[[Page 112 STAT. 2681-864]]
recouping funds in accordance with the policy in
paragraph (1).
(vii) Denial of landing rights.--Landing
rights in the United States shall be denied to any
private aircraft or air carrier owned by a person
described in subparagraph (A) except as necessary
to provide for emergencies in which the safety of
the aircraft or its crew or passengers is
threatened.
(3) Sanctions on foreign governments.--
(A) Imposition of sanctions.--Whenever the President
determines that persuasive information is available
indicating that a foreign country has knowingly
assisted, encouraged or induced, in any way, a person
described in paragraph (2)(A) to publish, divulge,
disclose, or make known in any manner or to any extent
not authorized by the Convention any United States
confidential business information, the President shall,
within 30 days after the receipt of such information by
the executive branch of Government, notify the Congress
in
writing of such determination and, subject to the requirements of
paragraphs (4) and (5), impose the sanctions provided under subparagraph
(B) for a period of not less than five years.
(B) Sanctions.--
(i) Arms export transactions.--The United
States Government shall not sell a country
described in subparagraph (A) any item on the
United States Munitions List, shall terminate
sales of any defense articles, defense services,
or design and construction services to that
country under the Arms Export Control Act, and
shall terminate all foreign military financing for
that country under the Arms Export Control Act.
(ii) Denial of certain licenses.--Licenses
shall not be issued for the export to the
sanctioned country of any item on the United
States Munitions List or commercial satellites.
(iii) Denial of assistance.--No appropriated
funds may be used for the purpose of providing
economic assistance, providing military assistance
or grant military education and training, or
extending military credits or making guarantees to
a country described in subparagraph (A).
(iv) Sanctions under export administration act
of 1979.--The authorities of section 6 of the
Export Administration Act of 1979 shall be used to
prohibit the export of any goods or technology on
the control list established pursuant to section
5(c)(1) of that Act to a country described in
subparagraph (A).
(v) International financial assistance.--The
United States shall oppose any loan or financial
or technical assistance by international financial
institutions in accordance with section 701 of the
International Financial Institutions Act to a
country described in subparagraph (A).
(vi) Termination of assistance under foreign
assistance act of 1961.--The United States shall
terminate all assistance to a country described in
[[Page 112 STAT. 2681-865]]
subparagraph (A) under the Foreign Assistance Act
of 1961, except for urgent humanitarian
assistance.
(vii) Private bank transactions.--The United
States shall not give approval to guarantee,
insure, or extend credit, or participate in the
extension of credit through the Export-Import Bank
of the United States to a country described in
subparagraph (A).
(viii) Private bank transactions.--Regulations
shall be issued to prohibit any United States bank
from making any loan or providing any credit to a
country described in subparagraph (A).
(ix) Denial of landing rights.--Landing rights
in the United States shall be denied to any air
carrier owned by a country described in
subparagraph (A), except as necessary to provide
for emergencies in which the safety of the
aircraft or its crew or passengers is threatened.
(4) Suspension of sanctions upon recoupment by payment.--
Sanctions imposed under paragraph (2) or (3) may be suspended if
the sanctioned person, business entity, or country, within the
period specified in that paragraph, provides full and complete
compensation to the United States Government, in convertible
foreign exchange or other mutually acceptable compensation
equivalent to the full value thereof, in satisfaction of a tort
or taking for which the United States has been held liable
pursuant to this Act.
(5) Waiver of sanctions on foreign countries.--The President
may waive some or all of the sanctions provided under paragraph
(3) in a particular case if he determines and certifies in
writing to the Speaker of the House of Representatives and the
Committee on Foreign Relations of the Senate that such waiver is
necessary to protect the national security interests of the
United States. The certification shall set forth the reasons
supporting the determination and shall take effect on the date
on which the certification is received by the Congress.
(6) Notification to congress.--Not later than five days
after sanctions become effective against a foreign person
pursuant to this Act, the President shall transmit written
notification of the imposition of sanctions against that foreign
person to the chairmen and ranking members of the Committee on
International Relations of the House of
Representatives and the Committee on Foreign Relations of the Senate.
(f) Sanctions for Unauthorized Disclosure of United States
Confidential Business Information.--The Secretary of State shall deny a
visa to, and the Attorney General shall exclude from the United States
any alien who, after the date of enactment of this Act--
(1) is, or previously served as, an officer or employee of
the Organization and who has willfully published, divulged,
disclosed, or made known in any manner or to any extent not
authorized by the Convention any United States confidential
business information coming to him in the course of his
employment or official duties, or by reason of any examination
or investigation of any return, report, or record made to or
filed with the Organization, or any officer or employee thereof,
such practice or disclosure having resulted in financial loses
[[Page 112 STAT. 2681-866]]
or damages to a United States person and for which actions or
omissions the United States has been found liable of a tort or
taking pursuant to this Act;
(2) traffics in United States confidential business
information, a proven claim to which is owned by a United States
national;
(3) is a corporate officer, principal, shareholder with a
controlling interest of an entity which has been involved in the
unauthorized disclosure of United States confidential business
information, a proven claim to which is owned by a United States
national; or
(4) is a spouse, minor child, or agent of a person
excludable under paragraph (1), (2), or (3).
(g) United States Confidential Business Information Defined.--In
this section, the term ``United States confidential business
information'' means any trade secrets or commercial or financial
information that is privileged and confidential--
(1) including--
(A) data described in section 304(e)(2) of this Act,
(B) any chemical structure,
(C) any plant design process, technology, or
operating method,
(D) any operating requirement, input, or result that
identifies any type or quantity of chemicals used,
processed, or produced, or
(E) any commercial sale, shipment, or use of a
chemical, or
(2) as described in section 552(b)(4) of title 5, United
States Code,
and that is obtained--
(i) from a United States person; or
(ii) through the United States Government or the conduct of an
inspection on United States territory under the Convention.
TITLE II--PENALTIES FOR UNLAWFUL ACTIVITIES SUBJECT TO THE JURISDICTION
OF THE UNITED STATES
Subtitle A--Criminal and Civil Penalties
SEC. 201. CRIMINAL AND CIVIL PROVISIONS.
(a) In General.--Part I of title 18, United States Code, is
amended by inserting after chapter 11A the following new chapter:
``CHAPTER 11B--CHEMICAL WEAPONS
``Sec.
``229. Prohibited activities.
``229A. Penalties.
``229B. Criminal forfeitures; destruction of weapons.
``229C. Individual self-defense devices.
``229D. Injunctions.
``229E. Requests for military assistance to enforce prohibition in
certain emergencies.
``229F. Definitions.
``Sec. 229. Prohibited activities
``(a) Unlawful Conduct.--Except as provided in subsection (b), it
shall be unlawful for any person knowingly--
[[Page 112 STAT. 2681-867]]
``(1) to develop, produce, otherwise acquire, transfer
directly or indirectly, receive, stockpile, retain, own,
possess, or use, or threaten to use, any chemical weapon; or
``(2) to assist or induce, in any way, any person to violate
paragraph (1), or to attempt or conspire to violate paragraph
(1).
``(b) Exempted Agencies and Persons.--
``(1) In general.--Subsection (a) does not apply to the
retention, ownership, possession, transfer, or receipt of a
chemical weapon by a department, agency, or other entity of the
United States, or by a person described in paragraph (2),
pending destruction of the weapon.
``(2) Exempted persons.--A person referred to in paragraph
(1) is--
``(A) any person, including a member of the Armed
Forces of the United States, who is authorized by law or
by an appropriate officer of the United States to
retain, own, possess, transfer, or receive the chemical
weapon; or
``(B) in an emergency situation, any otherwise
nonculpable person if the person is attempting to
destroy or seize the weapon.
``(c) Jurisdiction.--Conduct prohibited by subsection (a) is within
the jurisdiction of the United States if the prohibited conduct--
``(1) takes place in the United States;
``(2) takes place outside of the United States and is
committed by a national of the United States;
``(3) is committed against a national of the United States
while the national is outside the United States; or
``(4) is committed against any property that is owned,
leased, or used by the United States or by any department or
agency of the United States, whether the property is within or
outside the United States.
``Sec. 229A. Penalties
``(a) Criminal Penalties.--
``(1) In general.--Any person who violates section 229 of
this title shall be fined under this title, or imprisoned for
any term of years, or both.
``(2) Death penalty.--Any person who violates section 229 of
this title and by whose action the death of another person is
the result shall be punished by death or imprisoned for life.
``(b) Civil Penalties.--
``(1) In general.--The Attorney General may bring a civil
action in the appropriate United States district court against
any person who violates section 229 of this title and, upon
proof of such violation by a preponderance of the evidence, such
person shall be subject to pay a civil penalty in an amount not
to exceed $100,000 for each such violation.
``(2) Relation to other proceedings.--The imposition of a
civil penalty under this subsection does not preclude any other
criminal or civil statutory, common law, or administrative
remedy, which is available by law to the United States or any
other person.
[[Page 112 STAT. 2681-868]]
``(c) Reimbursement of Costs.--The court shall order any person
convicted of an offense under subsection (a) to reimburse the United
States for any expenses incurred by the United States incident to the
seizure, storage, handling, transportation, and destruction or other
disposition of any property that was seized in connection with an
investigation of the commission of the offense by that person. A person
ordered to reimburse the United States for expenses under this
subsection shall be jointly and severally liable for such expenses with
each other person, if any, who is ordered under this subsection to
reimburse the United States for the same expenses.
``Sec. 229B. Criminal forfeitures; destruction of weapons
``(a) Property Subject to Criminal Forfeiture.--Any person convicted
under section 229A(a) shall forfeit to the United States irrespective of
any provision of State law--
``(1) any property, real or personal, owned, possessed, or
used by a person involved in the offense;
``(2) any property constituting, or derived from, and
proceeds the person obtained, directly or indirectly, as the
result of such violation; and
``(3) any of the property used in any manner or part, to
commit, or to facilitate the commission of, such violation.
The court, in imposing sentence on such person, shall order, in addition
to any other sentence imposed pursuant to section 229A(a), that the
person forfeit to the United States all property described in this
subsection. In lieu of a fine otherwise authorized by section 229A(a), a
defendant who derived profits or other proceeds from an offense may be
fined not more than twice the gross profits or other proceeds.
``(b) Procedures.--
``(1) General.--Property subject to forfeiture under this
section, any seizure and disposition thereof, and any
administrative or judicial proceeding in relation thereto, shall
be governed by subsections (b) through (p) of section 413 of the
Comprehensive Drug Abuse Prevention and Control Act of 1970 (21
U.S.C. 853), except that any reference under those subsections
to--
``(A) `this subchapter or subchapter II' shall be
deemed to be a reference to section 229A(a); and
``(B) `subsection (a)' shall be deemed to be a
reference to subsection (a) of this section.
``(2) Temporary restraining orders.--
``(A) In general.--For the purposes of forfeiture
proceedings under this section, a temporary restraining
order may be entered upon application of the United
States without notice or opportunity for a hearing when
an information or indictment has not yet been filed with
respect to the property, if, in addition to the
circumstances described in section 413(e)(2) of the
Comprehensive Drug Abuse Prevention and Control Act of
1970 (21 U.S.C. 853(e)(2)), the United States
demonstrates that there is probable cause to believe
that the property with respect to which the order is
sought would, in the event of conviction, be subject to
forfeiture under this section and exigent circumstances
exist that place the life or health of any person in
danger.
[[Page 112 STAT. 2681-869]]
``(B) Warrant of seizure.--If the court enters a
temporary restraining order under this paragraph, it
shall also issue a warrant authorizing the seizure of
such property.
``(C) Applicable procedures.--The procedures and
time limits applicable to temporary restraining orders
under section 413(e) (2) and (3) of the Comprehensive
Drug Abuse Prevention and Control Act of 1970 (21 U.S.C.
853(e) (2) and (3)) shall apply to temporary restraining
orders under this paragraph.
``(c) Affirmative Defense.--It is an affirmative defense against a
forfeiture under subsection (b) that the property--
``(1) is for a purpose not prohibited under the Chemical
Weapons Convention; and
``(2) is of a type and quantity that under the circumstances
is consistent with that purpose.
``(d) Destruction or Other Disposition.--The Attorney General shall
provide for the destruction or other appropriate disposition of any
chemical weapon seized and forfeited pursuant to this section.
``(e) Assistance.--The Attorney General may request the head of any
agency of the United States to assist in the handling, storage,
transportation, or destruction of property seized under this section.
``(f) Owner Liability.--The owner or possessor of any property
seized under this section shall be liable to the United States for any
expenses incurred incident to the seizure, including any expenses
relating to the handling, storage, transportation, and destruction or
other disposition of the seized property.
``Sec. 229C. Individual self-defense devices
``Nothing in this chapter shall be construed to prohibit any
individual self-defense device, including those using a pepper spray or
chemical mace.
``Sec. 229D. Injunctions
``The United States may obtain in a civil action an injunction
against--
``(1) the conduct prohibited under section 229 or 229C of
this title; or
``(2) the preparation or solicitation to engage in conduct
prohibited under section 229 or 229D of this title.
``Sec. 229E. Requests for military assistance to enforce prohibition in
certain emergencies
``The Attorney General may request the Secretary of Defense to
provide assistance under section 382 of title 10 in support of
Department of Justice activities relating to the enforcement of section
229 of this title in an emergency situation involving a chemical weapon.
The authority to make such a request may be exercised by another
official of the Department of Justice in accordance with section
382(f)(2) of title 10.
``Sec. 229F. Definitions
``In this chapter:
``(1) Chemical weapon.--The term `chemical weapon' means the
following, together or separately:
[[Page 112 STAT. 2681-870]]
``(A) A toxic chemical and its precursors, except
where intended for a purpose not prohibited under this
chapter as long as the type and quantity is consistent
with such a purpose.
``(B) A munition or device, specifically designed to
cause death or other harm through toxic properties of
those toxic chemicals specified in subparagraph (A),
which would be released as a result of the employment of
such munition or device.
``(C) Any equipment specifically designed for use
directly in connection with the employment of munitions
or devices specified in subparagraph (B).
``(2) Chemical weapons convention; convention.--The terms
`Chemical Weapons Convention' and `Convention' mean 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.
``(3) Key component of a binary or multicomponent chemical
system.--The term `key component of a binary or multicomponent
chemical system' means the precursor which plays the most
important role in determining the toxic properties of the final
product and reacts rapidly with other chemicals in the binary or
multicomponent system.
``(4) National of the united states.--The term `national of
the United States' has the same meaning given such term in
section 101(a)(22) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(22)).
``(5) Person.--The term `person', except as otherwise
provided, means any individual, corporation, partnership, firm,
association, trust, estate, public or private institution, any
State or any political subdivision thereof, or any political
entity within a State, any foreign government or nation or any
agency, instrumentality or political subdivision of any such
government or nation, or other entity located in the United
States.
``(6) Precursor.--
``(A) In general.--The term `precursor' means any
chemical reactant which takes part at any stage in the
production by whatever method of a toxic chemical. The
term includes any key component of a binary or
multicomponent chemical system.
``(B) List of precursors.--Precursors which have
been identified for the application of verification
measures under Article VI of the Convention are listed
in schedules contained in the Annex on Chemicals of the
Chemical Weapons Convention.
``(7) Purposes not prohibited by this chapter.--The term
`purposes not prohibited by this chapter' means the following:
``(A) Peaceful purposes.--Any peaceful purpose
related to an industrial, agricultural, research,
medical, or pharmaceutical activity or other activity.
``(B) Protective purposes.--Any purpose directly
related to protection against toxic chemicals and to
protection against chemical weapons.
``(C) Unrelated military purposes.--Any military
purpose of the United States that is not connected with
the use of a chemical weapon or that is not dependent
[[Page 112 STAT. 2681-871]]
on the use of the toxic or poisonous properties of the
chemical weapon to cause death or other harm.
``(D) Law enforcement purposes.--Any law enforcement
purpose, including any domestic riot control purpose and
including imposition of capital punishment.
``(8) Toxic chemical.--
``(A) In general.--The term `toxic chemical' means
any chemical which through its chemical action on life
processes can cause death, temporary incapacitation or
permanent harm to humans or animals. The term includes
all such chemicals, regardless of their origin or of
their method of production, and regardless of whether
they are produced in facilities, in munitions or
elsewhere.
``(B) List of toxic chemicals.--Toxic chemicals
which have been identified for the application of
verification measures under Article VI of the Convention
are listed in schedules contained in the Annex on
Chemicals of the Chemical Weapons Convention.
``(9) United states.--The term `United States' means the
several States of the United States, the District of Columbia,
and the commonwealths, territories, and possessions of the
United States and includes all places under the jurisdiction or
control of the United States, including--
``(A) any of the places within the provisions of
paragraph (41) of section 40102 of title 49, United
States Code;
``(B) any civil aircraft of the United States or
public aircraft, as such terms are defined in paragraphs
(17) and (37), respectively, of section 40102 of title
49, United States Code; and
``(C) any vessel of the United States, as such term
is defined in section 3(b) of the Maritime Drug
Enforcement Act, as amended (46 U.S.C., App. sec.
1903(b)).''.
(b) Conforming Amendments.--
(1) Weapons of mass destruction.--Section 2332a of title 18,
United States Code, is amended--
(A) by striking ``Sec. 2332a. Use of weapons of mass
destruction'' and inserting ``Sec. 2332a. Use of certain
weapons of mass destruction'';
(B) in subsection (a), by inserting ``(other than a
chemical weapon as that term is defined in section
229F)'' after ``weapon of mass destruction''; and
(C) in subsection (b), by inserting ``(other than a
chemical weapon (as that term is defined in section
229F))'' after ``weapon of mass destruction''.
(2) Table of chapters.--The table of chapters for part I of
title 18, United States Code, is amended by inserting after the
item for chapter 11A the following new item:
``11B. Chemical Weapons...........................................229''.
(c) Repeals.--The following provisions of law are repealed:
(1) Section 2332c of title 18, United States Code, relating
to chemical weapons.
(2) In the table of sections for chapter 113B of title 18,
United States Code, the item relating to section 2332c.
[[Page 112 STAT. 2681-872]]
Subtitle B--Revocations of Export Privileges
SEC. 211. <<NOTE: 18 USC 229 note.>> REVOCATIONS OF EXPORT PRIVILEGES.
If the President determines, after notice and an opportunity for a
hearing in accordance with section 554 of title 5, United States Code,
that any person within the United States, or any national of the United
States located outside the United States, has committed any violation of
section 229 of title 18, United States Code, the President may issue an
order for the suspension or revocation of the authority of the person to
export from the United States any goods or technology (as such terms are
defined in section 16 of the Export Administration Act of 1979 (50
U.S.C. App. 2415)).
TITLE III--INSPECTIONS
SEC. 301. <<NOTE: 22 USC 6721.>> DEFINITIONS IN THE TITLE.
(a) In General.--In this title, the terms ``challenge
inspection'', ``plant site'', ``plant'', ``facility agreement'',
``inspection team'', and ``requesting state party'' have the meanings
given those terms in Part I of the Annex on Implementation and
Verification of the Chemical Weapons Convention. The term ``routine
inspection'' means an inspection, other than an ``initial inspection'',
undertaken pursuant to Article VI of the Convention.
(b) Definition of Judge of the United States.--In this title, the
term ``judge of the United States'' means a judge or magistrate judge of
a district court of the United States.
SEC. 302. <<NOTE: 22 USC 6722.>> FACILITY AGREEMENTS.
(a) Authorization of Inspections.--Inspections by the Technical
Secretariat of plants, plant sites, or other facilities or locations for
which the United States has a facility agreement with the Organization
shall be conducted in accordance with the facility agreement. Any such
facility agreement may not in any way limit the right of the owner or
operator of the facility to withhold consent to an inspection request.
(b) Types of Facility Agreements.--
(1) Schedule two facilities.--The United States National
Authority shall ensure that facility agreements for plants,
plant sites, or other facilities or locations that are subject
to inspection pursuant to paragraph 4 of Article VI of the
Convention are concluded unless the owner, operator, occupant,
or agent in charge of the facility and the Technical Secretariat
agree that such an agreement is not necessary.
(2) Schedule three facilities.--The United States National
Authority shall ensure that facility agreements are concluded
for plants, plant sites, or other facilities or locations that
are subject to inspection pursuant to paragraph 5 or 6 of
Article VI of the Convention if so requested by the owner,
operator, occupant, or agent in charge of the facility.
(c) Notification Requirements.--The United States National
Authority shall ensure that the owner, operator, occupant, or agent in
charge of a facility prior to the development of the agreement relating
to that facility is notified and, if the person notified so requests,
the person may participate in the preparations for the negotiation of
such an agreement. To the maximum extent practicable consistent with the
Convention, the owner and the operator,
[[Page 112 STAT. 2681-873]]
occupant or agent in charge of a facility may observe negotiations of
the agreement between the United States and the Organization concerning
that facility.
(d) Content of Facility Agreements.--Facility agreements shall--
(1) identify the areas, equipment, computers, records, data,
and samples subject to inspection;
(2) describe the procedures for providing notice of an
inspection to the owner, occupant, operator, or agent in charge
of a facility;
(3) describe the timeframes for inspections; and
(4) detail the areas, equipment, computers, records, data,
and samples that are not subject to inspection.
SEC. 303. <<NOTE: 22 USC 6723.>> AUTHORITY TO CONDUCT INSPECTIONS.
(a) Prohibition.--No inspection of a plant, plant site, or other
facility or location in the United States shall take place under the
Convention without the authorization of the United States National
Authority in accordance with the requirements of this title.
(b) Authority.--
(1) Technical secretariat inspection teams.--Any duly
designated member of an inspection team of the Technical
Secretariat may inspect any plant, plant site, or other facility
or location in the United States subject to inspection pursuant
to the Convention.
(2) United states government representatives.--The United
States National Authority shall coordinate the designation of
employees of the Federal Government to accompany members of an
inspection team of the Technical Secretariat and, in doing so,
shall ensure that--
(A) a special agent of the Federal Bureau of
Investigation, as designated by the Federal Bureau of
Investigation, accompanies each inspection team visit
pursuant to paragraph (1);
(B) no employee of the Environmental Protection
Agency or the Occupational Safety and Health
Administration accompanies any inspection team visit
conducted pursuant to paragraph (1); and
(C) the number of duly designated representatives
shall be kept to the minimum necessary.
(3) Objections to individuals serving as inspectors.--
(A) In general.--In deciding whether to exercise the
right of the United States under the Convention to
object to an individual serving as an inspector, the
President shall give great weight to his reasonable
belief that--
(i) such individual is or has been a member
of, or a participant in, any group or organization
that has engaged in, or attempted or conspired to
engage in, or aided or abetted in the commission
of, any terrorist act or activity;
(ii) such individual has committed any act or
activity which would be a felony under the laws of
the United States; or
(iii) the participation of such individual as
a member of an inspection team would pose a risk
to the
[[Page 112 STAT. 2681-874]]
national security or economic well-being of the
United States.
(B) Not subject to judicial review.--Any objection
by the President to an individual serving as an
inspector, whether made pursuant to this section or
otherwise, shall not be reviewable in any court.
SEC. 304. <<NOTE: 22 USC 6724.>> PROCEDURES FOR INSPECTIONS.
(a) Types of Inspections.--Each inspection of a plant, plant site,
or other facility or location in the United States under the Convention
shall be conducted in accordance with this section and section 305,
except where other procedures are provided in a facility agreement
entered into under section 302.
(b) Notice.--
(1) In general.--An inspection referred to in subsection (a)
may be made only upon issuance of an actual written notice by
the United States National Authority to the owner and to the
operator, occupant, or agent in charge of the premises to be
inspected.
(2) Time of Notification.--The notice for a routine
inspection shall be submitted to the owner and to the operator,
occupant, or agent in charge within six hours of receiving the
notification of the inspection from the Technical Secretariat or
as soon as possible thereafter. Notice for a challenge
inspection shall be provided at any appropriate time determined
by the United States National Authority. Notices may be posted
prominently at the plant, plant site, or other facility or
location if the United States is unable to provide actual
written notice to the owner, operator, or agent in charge of the
premises.
(3) Content of notice.--
(A) In general.--The notice under paragraph (1)
shall include all appropriate information supplied by
the Technical Secretariat to the United States National
Authority concerning--
(i) the type of inspection;
(ii) the basis for the selection of the plant,
plant site, or other facility or location for the
type of inspection sought;
(iii) the time and date that the inspection
will begin and the period covered by the
inspection; and
(iv) the names and titles of the inspectors.
(B) Special rule for challenge inspections.--In the
case of a challenge inspection pursuant to Article IX of
the Convention, the notice shall also include all
appropriate evidence or reasons provided by the
requesting state party to the Convention for seeking the
inspection.
(4) Separate notices required.--A separate notice shall be
provided for each inspection, except that a notice shall not be
required for each entry made during the period covered by the
inspection.
(c) Credentials.--The head of the inspection team of the Technical
Secretariat and the accompanying employees of the Federal government
shall display appropriate identifying credentials to the owner,
operator, occupant, or agent in charge of the premises before the
inspection is commenced.
(d) Timeframe for Inspections.--Consistent with the provisions of
the Convention, each inspection shall be commenced and
[[Page 112 STAT. 2681-875]]
completed with reasonable promptness and shall be conducted at
reasonable times, within reasonable limits, and in a reasonable manner.
(e) Scope.--
(1) In general.--Except as provided in a warrant issued
under section 305 or a facility agreement entered into under
section 302, an inspection conducted under this title may extend
to all things within the premises inspected (including records,
files, papers, processes, controls, structures and vehicles)
related to whether the requirements of the Convention applicable
to such premises have been complied with.
(2) Exception.--Unless required by the Convention, no
inspection under this title shall extend to--
(A) financial data;
(B) sales and marketing data (other than shipment
data);
(C) pricing data;
(D) personnel data;
(E) research data;
(F) patent data;
(G) data maintained for compliance with
environmental or occupational health and safety
regulations; or
(H) personnel and vehicles entering and personnel
and personal passenger vehicles exiting the facility.
(f) Sampling and Safety.--
(1) In general.--The Director of the United States National
Authority is authorized to require the provision of samples to a
member of the inspection team of the Technical Secretariat in
accordance with the provisions of the Convention. The owner or
the operator, occupant or agent in charge of the premises to be
inspected shall determine whether the sample shall be taken by
representatives of the premises or the inspection team or other
individuals present. No sample collected in the United States
pursuant to an inspection permitted by this Act may be
transferred for analysis to any laboratory outside the territory
of the United States.
(2) Compliance with regulations.--In carrying out their
activities, members of the inspection team of the Technical
Secretariat and representatives of agencies or departments
accompanying the inspection team shall observe safety
regulations established at the premises to be inspected,
including those for protection of controlled environments within
a facility and for personal safety.
(g) Coordination.--The appropriate representatives of the United
States, as designated, if present, shall assist the owner and the
operator, occupant or agent in charge of the premises to be inspected in
interacting with the members of the inspection team of the Technical
Secretariat.
SEC. 305. <<NOTE: 22 USC 6725.>> WARRANTS.
(a) In General.--The United States Government shall seek the
consent of the owner or the operator, occupant, or agent in charge of
the premises to be inspected prior to any inspection referred to in
section 304(a). If consent is obtained, a warrant is not required for
the inspection. The owner or the operator, occupant, or agent in charge
of the premises to be inspected may withhold consent for any reason or
no reason. After providing
[[Page 112 STAT. 2681-876]]
notification pursuant to subsection (b), the United States Government
may seek a search warrant from a United States magistrate judge.
Proceedings regarding the issuance of a search warrant shall be
conducted ex parte, unless otherwise requested by the United States
Government.
(b) Routine Inspections.--
(1) Obtaining administrative search warrants.--For any
routine inspection conducted on the territory of the United
States pursuant to Article VI of the Convention, where consent
has been withheld, the United States Government shall first
obtain an administrative search warrant from a judge of the
United States. The United States Government shall provide to the
judge of the United States all appropriate information supplied
by the Technical Secretariat to the United States National
Authority regarding the basis for the selection of the plant
site, plant, or other facility or location for the type of
inspection sought. The United States Government shall also
provide any other appropriate information available to it
relating to the reasonableness of the selection of the plant,
plant site, or other facility or location for the inspection.
(2) Content of affidavits for administrative search
warrants.--The judge of the United States shall promptly issue a
warrant authorizing the requested inspection upon an affidavit
submitted by the United States Government showing that--
(A) the Chemical Weapons Convention is in force for
the United States;
(B) the plant site, plant, or other facility or
location sought to be inspected is required to report
data under title IV of this Act and is subject to
routine inspection under the Convention;
(C) the purpose of the inspection is--
(i) in the case of any facility owned or
operated by a non-Government entity related to
Schedule 1 chemical agents, to verify that the
facility is not used to produce any Schedule 1
chemical agent except for declared chemicals;
quantities of Schedule 1 chemicals produced,
processed, or consumed are correctly declared and
consistent with needs for the declared purpose;
and Schedule 1 chemicals are not diverted or used
for other purposes;
(ii) in the case of any facility related to
Schedule 2 chemical agents, to verify that
activities are in accordance with obligations
under the Convention and consistent with the
information provided in data declarations; and
(iii) in the case of any facility related to
Schedule 3 chemical agents and any other chemical
production facility, to verify that the activities
of the facility are consistent with the
information provided in data declarations;
(D) the items, documents, and areas to be searched
and seized;
(E) in the case of a facility related to Schedule 2
or Schedule 3 chemical agents or unscheduled discrete
organic chemicals, the plant site has not been subject
to more than 1 routine inspection in the current
calendar
[[Page 112 STAT. 2681-877]]
year, and, in the case of facilities related to Schedule
3 chemical agents or unscheduled discrete organic
chemicals, the inspection will not cause the number of
routine inspections in the United States to exceed 20 in
a calendar year;
(F) the selection of the site was made in accordance
with procedures established under the Convention and, in
particular--
(i) in the case of any facility owned or
operated by a non-Government entity related to
Schedule 1 chemical agents, the intensity,
duration, timing, and mode of the requested
inspection is based on the risk to the object and
purpose of the Convention
by the quantities of chemical produced, the characteristics of the
facility and the nature of activities carried out at the facility, and
the requested inspection, when considered with previous such inspections
of the facility undertaken in the current calendar year, shall not
exceed the number reasonably required based on the risk to the object
and purpose of the Convention as described above;
(ii) in the case of any facility related to
Schedule 2 chemical agents, the Technical
Secretariat gave due consideration to the risk to
the object and purpose of the Convention posed by
the relevant chemical, the characteristics of the
plant site and the nature of activities carried
out there, taking into account the respective
facility agreement as well as the results of the
initial inspections and subsequent inspections;
and
(iii) in the case of any facility related to
Schedule 3 chemical agents or unscheduled discrete
organic chemicals, the facility was selected
randomly by the Technical Secretariat using
appropriate mechanisms, such as specifically
designed computer software, on the basis of two
weighting factors: (I) equitable geographical
distribution of inspections; and (II) the
information on the declared sites available to the
Technical Secretariat, related to the relevant
chemical, the characteristics of the plant site,
and the nature of activities carried out there;
(G) the earliest commencement and latest closing
dates and times of the inspection; and
(H) the duration of inspection will not exceed time
limits specified in the Convention unless agreed by the
owner, operator, or agent in charge of the plant.
(3) Content of warrants.--A warrant issued under paragraph
(2) shall specify the same matters required of an affidavit
under that paragraph. In addition to the requirements for a
warrant issued under this paragraph, each warrant shall contain,
if known, the identities of the representatives of the Technical
Secretariat conducting the inspection and the observers of the
inspection and, if applicable, the identities of the
representatives of agencies or departments of the United States
accompanying those representatives.
(4) Challenge inspections.--
(A) Criminal search warrant.--For any challenge
inspection conducted on the territory of the United
States
[[Page 112 STAT. 2681-878]]
pursuant to Article IX of the Chemical Weapons
Convention, where consent has been withheld, the United
States Government shall first obtain from a judge of the
United States a criminal search warrant based upon
probable cause, supported by oath or affirmation, and
describing with particularity the place to be searched
and the person or things to be seized.
(B) Information provided.--The United States
Government shall provide to the judge of the United
States--
(i) all appropriate information supplied by
the Technical Secretariat to the United States
National Authority regarding the basis for the
selection of the plant site, plant, or other
facility or location for the type of inspection
sought;
(ii) any other appropriate information
relating to the reasonableness of the selection of
the plant, plant site, or other facility or
location for the inspection;
(iii) information concerning--
(I) the duration and scope of the
inspection;
(II) areas to be inspected;
(III) records and data to be
reviewed; and
(IV) samples to be taken;
(iv) appropriate evidence or reasons provided
by the requesting state party for the inspection;
(v) any other evidence showing probable cause
to believe that a violation of this Act has
occurred or is occurring; and
(vi) the identities of the representatives of
the Technical Secretariat on the inspection team
and the Federal Government employees accompanying
the inspection team.
(C) Content of warrant.--The warrant shall
specify--
(i) the type of inspection authorized;
(ii) the purpose of the inspection;
(iii) the type of plant site, plant, or other
facility or location to be inspected;
(iv) the areas of the plant site, plant, or
other facility or location to be inspected;
(v) the items, documents, data, equipment, and
computers that may be inspected or seized;
(vi) samples that may be taken;
(vii) the earliest commencement and latest
concluding dates and times of the inspection; and
(viii) the identities of the representatives
of the Technical Secretariat on the inspection
teams and the Federal Government employees
accompanying the inspection team.
SEC. 306. <<NOTE: 22 USC 6726.>> PROHIBITED ACTS RELATING TO
INSPECTIONS.
It shall be unlawful for any person willfully to fail or refuse to
permit entry or inspection, or to disrupt, delay, or otherwise impede an
inspection, authorized by this Act.
SEC. 307. <<NOTE: 22 USC 6727.>> NATIONAL SECURITY EXCEPTION.
Consistent with the objective of eliminating chemical weapons, the
President may deny a request to inspect any facility in the
[[Page 112 STAT. 2681-879]]
United States in cases where the President determines that the
inspection may pose a threat to the national security interests of the
United States.
SEC. 308. PROTECTION OF CONSTITUTIONAL RIGHTS OF CONTRACTORS.
(a) The Office of Federal Procurement Policy Act (41 U.S.C. 403 et
seq.) is amended by adding at the end the following:
``SEC. 39. <<NOTE: 41 USC 436.>> PROTECTION OF CONSTITUTIONAL RIGHTS OF
CONTRACTORS.
``(a) Prohibition.--A contractor may not be required, as a
condition for entering into a contract with the Federal Government, to
waive any right under the Constitution for any purpose related to
Chemical Weapons Convention Implementation Act of 1997 or the Chemical
Weapons Convention (as defined in section 3 of such Act).
``(b) Construction.--Nothing in subsection (a) shall be construed
to prohibit an executive agency from including in a contract a clause
that requires the contractor to permit inspections for the purpose of
ensuring that the contractor is performing the contract in accordance
with the provisions of the contract.''.
(b) The table of contents in section 1(b) of such Act is amended
by adding at the end the following:
``Sec. 39. Protection of constitutional rights of contractors.''.
SEC. 309. <<NOTE: 22 USC 6728.>> ANNUAL REPORT ON INSPECTIONS.
(a) In General.--Not later than one year after the date of
enactment of this Act, and annually thereafter, the President shall
submit a report in classified and unclassified form to the appropriate
congressional committees on inspections made under the Convention during
the preceding year.
(b) Content of Reports.--Each report shall contain the following
information for the reporting period:
(1) The name of each company or entity subject to the
jurisdiction of the United States reporting data pursuant to
title IV of this Act.
(2) The number of inspections under the Convention conducted
on the territory of the United States.
(3) The number and identity of inspectors conducting any
inspection described in paragraph (2) and the number of
inspectors barred from inspection by the United States.
(4) The cost to the United States for each inspection
described in paragraph (2).
(5) The total costs borne by United States business firms in
the course of inspections described in paragraph (2).
(6) A description of the circumstances surrounding
inspections described in paragraph (2), including instances of
possible industrial espionage and misconduct of inspectors.
(7) The identity of parties claiming loss of trade secrets,
the circumstances surrounding those losses, and the efforts
taken by the United States Government to redress those losses.
(8) A description of instances where inspections under the
Convention outside the United States have been disrupted or
delayed.
(c) Definition.--The term ``appropriate congressional committees''
means the Committee on the Judiciary, the Committee on Foreign
Relations, and the Select Committee on Intelligence of
[[Page 112 STAT. 2681-880]]
the Senate and the Committee on the Judiciary, the Committee on
International Relations, and the Permanent Select Committee on
Intelligence of the House of Representatives.
SEC. 310. <<NOTE: 22 USC 6729.>> UNITED STATES ASSISTANCE IN
INSPECTIONS AT PRIVATE FACILITIES.
(a) Assistance in Preparation for Inspections.--At the request of
an owner of a facility not owned or operated by the United States
Government, or contracted for use by or for the United States
Government, the Secretary of Defense may assist the facility to prepare
the facility for possible inspections pursuant to the Convention.
(b) Reimbursement Requirement.--
(1) In general.--Except as provided in paragraph (2), the
owner of a facility provided assistance under subsection (a)
shall reimburse the Secretary for the costs incurred by the
Secretary in providing the assistance.
(2) Exception.--In the case of assistance provided under
subsection (a) to a facility owned by a person described in
subsection (c), the United States National Authority shall
reimburse the Secretary for the costs incurred by the Secretary
in providing the assistance.
(c) Owners Covered by United States National Authority
Reimbursements.--Subsection (b)(2) applies in the case of assistance
provided to the following:
(1) Small business concerns.--A small business concern as
defined in section 3 of the Small Business Act.
(2) Domestic producers of schedule 3 or unscheduled discrete
organic chemicals.--Any person located in the United States
that--
(A) does not possess, produce, process, consume,
import, or export any Schedule 1 or Schedule 2 chemical;
and
(B) in the calendar year preceding the year in which
the assistance is to be provided, produced--
(i) more than 30 metric tons of Schedule 3 or
unscheduled discrete organic chemicals that
contain phosphorous, sulfur, or fluorine; or
(ii) more than 200 metric tons of unscheduled
discrete organic chemicals.
TITLE IV--REPORTS
SEC. 401. <<NOTE: 22 USC 6741.>> REPORTS REQUIRED BY THE UNITED STATES
NATIONAL AUTHORITY.
(a) Regulations on Recordkeeping.--
(1) Requirements.--The United States National Authority
shall ensure that regulations are prescribed that require each
person located in the United States who produces, processes,
consumes, exports, or imports, or proposes to produce, process,
consume, export, or import, a chemical substance that is subject
to the Convention to--
(A) maintain and permit access to records related to
that production, processing, consumption, export, or
import of such substance; and
[[Page 112 STAT. 2681-881]]
(B) submit to the Director of the United States
National Authority such reports as the United States
National Authority may reasonably require to provide to
the Organization, pursuant to subparagraph 1(a) of the
Annex on Confidentiality of the Convention, the minimum
amount of information and data necessary for the timely
and efficient conduct by the Organization of its
responsibilities under the Convention.
(2) Rulemaking.--The Director of the United States National
Authority shall ensure that regulations pursuant to this section
are prescribed expeditiously.
(b) Coordination.--
(1) Avoidance of duplication.--To the extent feasible, the
United States Government shall not require the submission of any
report that is unnecessary or duplicative of any report required
by or under any other law. The head of each Federal agency shall
coordinate the actions of that agency with the heads of the
other Federal agencies in order to avoid the imposition of
duplicative reporting requirements under this Act or any other
law.
(2) Definition.--As used in paragraph (1), the term
``Federal agency'' has the meaning given the term ``agency'' in
section 551(1) of title 5, United States Code.
SEC. 402. <<NOTE: 22 USC 6742.>> PROHIBITION RELATING TO LOW
CONCENTRATIONS OF SCHEDULE 2 AND 3 CHEMICALS.
(a) Prohibition.--Notwithstanding any other provision of this Act,
no person located in the United States shall be required to report on,
or to submit to, any routine inspection conducted for the purpose of
verifying the production, possession, consumption, exportation,
importation, or proposed production, possession, consumption,
exportation, or importation of any substance that contains less than--
(1) 10 percent concentration of a Schedule 2 chemical; or
(2) 80 percent concentration of a Schedule 3 chemical.
(b) Standard for Measurement of Concentration.--The percent
concentration of a chemical in a substance shall be measured on the
basis of volume or total weight, which measurement yields the lesser
percent.
SEC. 403. <<NOTE: 22 USC 6743.>> PROHIBITION RELATING TO UNSCHEDULED
DISCRETE ORGANIC CHEMICALS AND COINCIDENTAL BYPRODUCTS IN
WASTE STREAMS.
(a) Prohibition.--Notwithstanding any other provision of this Act,
no person located in the United States shall be required to report on,
or to submit to, any routine inspection conducted for the purpose of
verifying the production, possession, consumption, exportation,
importation, or proposed production, possession, consumption,
exportation, or importation of any substance that is--
(1) an unscheduled discrete organic chemical; and
(2) a coincidental byproduct of a manufacturing or
production process that is not isolated or captured 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.
[[Page 112 STAT. 2681-882]]
SEC. 404. <<NOTE: 22 USC 6744.>> CONFIDENTIALITY OF INFORMATION.
(a) Freedom of Information Act Exemption for Certain Convention
Information.--Except as provided in subsection (b) or (c), any
confidential business information, as defined in section 103(g),
reported to, or otherwise acquired by, the United States Government
under this Act or under the Convention shall not be disclosed under
section 552(a) of title 5, United States Code.
(b) Exceptions.--
(1) Information for the technical secretariat.--Information
shall be disclosed or otherwise provided to the Technical
Secretariat or other states parties to the Chemical Weapons
Convention in accordance with the Convention, in particular, the
provisions of the Annex on the Protection of Confidential
Information.
(2) Information for congress.--Information shall be made
available to any committee or subcommittee of Congress with
appropriate jurisdiction upon the written request of the
chairman or ranking minority member of such committee or
subcommittee, except that no such committee or subcommittee, and
no member and no staff member of such committee or subcommittee,
shall disclose such information or material except as otherwise
required or authorized by law.
(3) Information for enforcement actions.--Information shall
be disclosed to other Federal agencies for enforcement of this
Act or any other law, and shall be disclosed or otherwise
provided when relevant in any proceeding under this Act or any
other law, except that disclosure or provision in such a
proceeding shall be made in such manner as to preserve
confidentiality to the extent practicable without impairing the
proceeding.
(c) Information Disclosed in the National Interest.--
(1) Authority.--The United States Government shall disclose
any information reported to, or otherwise required by the United
States Government under this Act or the Convention, including
categories of such information, that it determines is in the
national interest to disclose and may specify the form in which
such information is to be disclosed.
(2) Notice of disclosure.--
(A) Requirement.--If any Department or agency of the
United States Government proposes pursuant to paragraph
(1) to publish or disclose or otherwise provide
information exempt from disclosure under subsection (a),
the United States National Authority shall, unless
contrary to national security or law enforcement needs,
provide notice of intent to disclose the information--
(i) to the person that submitted such
information; and
(ii) in the case of information about a person
received from another source, to the person to
whom that information pertains.
The information may not be disclosed until the
expiration of 30 days after notice under this paragraph
has been provided.
(B) Proceedings on objections.--In the event that
the person to which the information pertains objects to
the disclosure, the agency shall promptly review the
grounds for each objection of the person and shall
afford
[[Page 112 STAT. 2681-883]]
the objecting person a hearing for the purpose of
presenting the objections to the disclosure. Not later
than 10 days before the scheduled or rescheduled date
for the disclosure, the United States National Authority
shall notify such person regarding whether such
disclosure will occur notwithstanding the objections.
(d) Criminal Penalty for Wrongful Disclosure.--Any officer or
employee of the United States, and any former officer or employee of the
United States, who by reason of such employment or official position has
obtained possession of, or has access to, information the disclosure or
other provision of which is prohibited by subsection (a), and who,
knowing that disclosure or provision of such information is prohibited
by such subsection, willfully discloses or otherwise provides the
information in any manner to any person (including any person located
outside the territory of the United States) not authorized to receive
it, shall be fined under title 18, United States Code, or imprisoned for
not more than five years, or both.
(e) Criminal Forfeiture.--The property of any person who violates
subsection (d) shall be subject to forfeiture to the United States in
the same manner and to the same extent as is provided in section 229C of
title 18, United States Code, as added by this Act.
(f) International Inspectors.--The provisions of this section shall
also apply to employees of the Technical Secretariat.
SEC. 405. <<NOTE: 22 USC 6745.>> RECORDKEEPING VIOLATIONS.
It shall be unlawful for any person willfully to fail or refuse--
(1) to establish or maintain any record required by this Act
or any regulation prescribed under this Act;
(2) to submit any report, notice, or other information to
the United States Government in accordance with this Act or any
regulation prescribed under this Act; or
(3) to permit access to or copying of any record that is
exempt from disclosure under this Act or any regulation
prescribed under this Act.
TITLE V--ENFORCEMENT
SEC. 501. <<NOTE: 22 USC 6761.>> PENALTIES.
(a) Civil.--
(1) Penalty amounts.--
(A) Prohibited acts relating to inspections.--Any
person that is determined, in accordance with paragraph
(2), to have violated section 306 of this Act shall be
required by order to pay a civil penalty in an amount
not to exceed $25,000 for each such violation. For
purposes of this paragraph, each day such a violation of
section 306 continues shall constitute a separate
violation of that section.
(B) Recordkeeping violations.--Any person that is
determined, in accordance with paragraph (2), to have
violated section 405 of this Act shall be required by
order to pay a civil penalty in an amount not to exceed
$5,000 for each such violation.
(2) Hearing.--
[[Page 112 STAT. 2681-884]]
(A) In general.--Before imposing an order described
in paragraph (1) against a person under this subsection
for a violation of section 306 or 405, the Secretary of
State shall provide the person or entity with notice
and, upon request made within 15 days of the date of the
notice, a hearing respecting the violation.
(B) Conduct of hearing.--Any hearing so requested
shall be conducted before an administrative law judge.
The hearing shall be conducted in accordance with the
requirements of section 554 of title 5, United States
Code. If no hearing is so requested, the Secretary of
State's imposition of the order shall constitute a final
and unappealable order.
(C) Issuance of orders.--If the administrative law
judge determines, upon the preponderance of the evidence
received, that a person or entity named in the complaint
has violated section 306 or 405, the administrative law
judge shall state his findings of fact and issue and
cause to be served on such person or entity an order
described in paragraph (1).
(D) Factors for determination of penalty amounts.--
In determining the amount of any civil penalty, the
administrative law judge shall take into account the
nature, circumstances, extent, and gravity of the
violation or violations and, with respect to the
violator, the ability to pay, effect on ability to
continue to do business, any history of prior such
violations, the degree of culpability, the existence of
an internal compliance program, and such other matters
as justice may require.
(3) Administrative appellate review.--The decision and order
of an administrative law judge shall become the final agency
decision and order of the head of the United States National
Authority unless, within 30 days, the head of the United States
National Authority modifies or vacates the decision and order,
with or without conditions, in which case the decision and order
of the head of the United States National Authority shall become
a final order under this subsection.
(4) Offsets.--The amount of the civil penalty under a final
order of the United States National Authority may be deducted
from any sums owed by the United States to the person.
(5) Judicial review.--A person adversely affected by a final
order respecting an assessment may, within 30 days after the
date the final order is issued, file a petition in the Court of
Appeals for
the District of Columbia Circuit or for any other circuit in which the
person resides or transacts business.
(6) Enforcement of orders.--If a person fails to comply with
a final order issued under this subsection against the person or
entity--
(A) after the order making the assessment has become
a final order and if such person does not file a
petition for judicial review of the order in accordance
with paragraph (5), or
(B) after a court in an action brought under
paragraph (5) has entered a final judgment in favor of
the United States National Authority,
[[Page 112 STAT. 2681-885]]
the Secretary of State shall file a suit to seek compliance with
the order in any appropriate district court of the United
States, plus interest at currently prevailing rates calculated
from the date of expiration of the 30-day period referred to in
paragraph (5) or the date of such final judgment, as the case
may be. In any such suit, the validity and appropriateness of
the final order shall not be subject to review.
(b) Criminal.--Any person who knowingly violates any
provision of section 306 or 405 of this Act, shall, in addition
to or in lieu of any civil penalty which may be imposed under
subsection (a) for such violation, be fined under title 18,
United States Code, imprisoned for not more than one year, or
both.
SEC. 502. <<NOTE: 22 USC 6762.>> SPECIFIC ENFORCEMENT.
(a) Jurisdiction.--The district courts of the United States shall
have jurisdiction over civil actions to--
(1) restrain any violation of section 306 or 405 of this
Act; and
(2) compel the taking of any action required by or under
this Act or the Convention.
(b) Civil Actions.--
(1) In general.--A civil action described in subsection (a)
may be brought--
(A) in the case of a civil action described in
subsection (a)(1), in the United States district court
for the judicial district in which any act, omission, or
transaction constituting a violation of section 306 or
405 occurred or in which the defendant is found or
transacts business; or
(B) in the case of a civil action described in
subsection (a)(2), in the United States district court
for the judicial district in which the defendant is
found or transacts business.
(2) Service of process.--In any such civil action process
may be served on a defendant wherever the defendant may reside
or may be found, whether the defendant resides or may be found
within the United States or elsewhere.
SEC. 503. <<NOTE: 22 USC 6763.>> EXPEDITED JUDICIAL REVIEW.
(a) Civil Action.--Any person or entity subject to a search under
this Act may file a civil action challenging the constitutionality of
any provision of this Act. Notwithstanding any other provision of law,
during the full calendar year of, and the two full calendar years
following, the enactment of this Act, the district court shall accord
such a case a priority in its disposition ahead of all other civil
actions except for actions challenging the legality and conditions of
confinement.
(b) En Banc Review.--Notwithstanding any other provision of law,
during the full calendar year of, and the two full calendar years
following, the enactment of this Act, any appeal from a final order
entered by a district court in an action brought under subsection (a)
shall be heard promptly by the full Court of Appeals sitting en banc.
[[Page 112 STAT. 2681-886]]
TITLE VI--MISCELLANEOUS PROVISIONS
SEC. 601. REPEAL.
Section 808 of the Department of Defense Appropriation Authorization
Act, 1978 (50 U.S.C. 1520; relating to the use of human subjects for the
testing of chemical or biological agents) is repealed.
SEC. 602. <<NOTE: 22 USC 6771.>> PROHIBITION.
(a) In General.--Neither the Secretary of Defense nor any other
officer or employee of the United States may, directly or by contract--
(1) conduct any test or experiment involving the use of any
chemical or biological agent on a civilian population; or
(2) use human subjects for the testing of chemical or
biological agents.
(b) Construction.--Nothing in subsection (a) may be construed to
prohibit actions carried out for purposes not prohibited by this Act (as
defined in section 3(8)).
(c) Biological Agent Defined.--In this section, the term
``biological agent'' means any micro-organism (including bacteria,
viruses, fungi, rickettsiae or protozoa), pathogen, or infectious
substance, or any naturally occurring, bio-engineered or synthesized
component of any such micro-organism, pathogen, or infectious substance,
whatever its origin or method of production, capable of causing--
(1) death, disease, or other biological malfunction in a
human, an animal, a plant, or another living organism;
(2) deterioration of food, water, equipment, supplies, or
materials of any kind; or
(3) deleterious alteration of the environment.
SEC. 603. BANKRUPTCY ACTIONS.
Section 362(b) of title 11, United States Code, is amended--
(1) by striking paragraphs (4) and (5); and
(2) by inserting after paragraph (3) the following:
``(4) under paragraph (1), (2), (3), or (6) of subsection
(a) of this section, of the commencement or continuation of an
action or proceeding by a governmental unit or any organization
exercising authority under 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, to enforce such governmental unit's or
organization's police and regulatory power, including the
enforcement of a judgment other than a money judgment, obtained
in an action or proceeding by the governmental unit to enforce
such governmental unit's or organization's police or regulatory
power;''.
<<NOTE: Tax and Trade Relief Extension Act of 1998. 26 USC 1
note.>> DIVISION J--REVENUES AND MEDICARE
SEC. 1000. SHORT TITLE; AMENDMENT OF 1986 CODE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the ``Tax and Trade
Relief Extension Act of 1998''.
[[Page 112 STAT. 2681-887]]
(b) Amendment of 1986 Code.--Except as otherwise expressly provided,
whenever in this division an amendment or repeal is expressed in terms
of an amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or other provision
of the Internal Revenue Code of 1986.
(c) Table of Contents.--
DIVISION J--REVENUES AND MEDICARE
Sec. 1000. Short title; amendment of 1986 Code; table of contents.
TITLE I--EXTENSION AND MODIFICATION OF CERTAIN EXPIRING PROVISIONS
Subtitle A--Tax Provisions
Sec. 1001. Research credit.
Sec. 1002. Work opportunity credit.
Sec. 1003. Welfare-to-work credit.
Sec. 1004. Contributions of stock to private foundations; expanded
public inspection of private foundations' annual returns.
Sec. 1005. Subpart F exemption for active financing income.
Sec. 1006. Disclosure of return information on income contingent student
loans.
Subtitle B--Trade Provisions
Sec. 1011. Extension of duty-free treatment under Generalized System of
Preferences.
Sec. 1012. Trade adjustment assistance.
TITLE II--OTHER TAX PROVISIONS
Subtitle A--Provisions Relating to Individuals
Sec. 2001. Nonrefundable personal credits fully allowed against regular
tax liability during 1998.
Sec. 2002. 100 percent deduction for health insurance costs of self-
employed individuals.
Sec. 2003. Modification of estimated tax safe harbors.
Subtitle B--Provisions Relating to Farmers
Sec. 2011. Income averaging for farmers made permanent.
Sec. 2012. Production flexibility contract payments.
Sec. 2013. 5-year net operating loss carryback for farming losses.
Subtitle C--Miscellaneous Provisions
Sec. 2021. Increase in volume cap on private activity bonds.
Sec. 2022. Depreciation study.
Sec. 2023. Exemption for students employed by State schools, colleges,
or universities.
TITLE III--REVENUE OFFSETS
Sec. 3001. Treatment of certain deductible liquidating distributions of
regulated investment companies and real estate investment
trusts.
Sec. 3002. Inclusion of rotavirus gastroenteritis as a taxable vaccine.
Sec. 3003. Clarification and expansion of mathematical error assessment
procedures.
Sec. 3004. Clarification of definition of specified liability loss.
TITLE IV--TECHNICAL CORRECTIONS
Sec. 4001. Definitions; coordination with other subtitles.
Sec. 4002. Amendments related to Internal Revenue Service Restructuring
and Reform Act of 1998.
Sec. 4003. Amendments related to Taxpayer Relief Act of 1997.
Sec. 4004. Amendments related to Tax Reform Act of 1984.
Sec. 4005. Amendments related to Uruguay Round Agreements Act.
Sec. 4006. Other amendments.
TITLE V--MEDICARE-RELATED PROVISIONS
Subtitle A--Home Health
Sec. 5101. Increase in per beneficiary limits and per visit payment
limits for payment for home health services.
[[Page 112 STAT. 2681-888]]
Subtitle B--Other Medicare-Related Provisions
Sec. 5201. Authorization of additional exceptions to imposition of
penalties for providing inducements to beneficiaries.
Sec. 5202. Expansion of membership of MedPAC to 17.
Subtitle C--Revenue Offsets
Sec. 5301. Tax treatment of cash option for qualified prizes.
TITLE I--EXTENSION AND MODIFICATION OF CERTAIN EXPIRING PROVISIONS
Subtitle A--Tax Provisions
SEC. 1001. RESEARCH CREDIT.
(a) Temporary Extension.--Paragraph (1) of section 41(h) (relating
to termination) is amended--
(1) by striking ``June 30, 1998'' and inserting ``June 30,
1999'';
(2) by striking ``24-month'' and inserting ``36-month''; and
(3) by striking ``24 months'' and inserting ``36 months''.
(b) Technical Amendment.--Subparagraph (D) of section 45C(b)(1) is
amended by striking ``June 30, 1998'' and inserting ``June 30, 1999''.
<<NOTE: 26 USC 41 note.>> (c) Effective Date.--The amendments made
by this section shall apply to amounts paid or incurred after June 30,
1998.
SEC. 1002. WORK OPPORTUNITY CREDIT.
(a) Temporary Extension.--Subparagraph (B) of section 51(c)(4)
(relating to termination) is amended by striking ``June 30, 1998'' and
inserting ``June 30, 1999''.
<<NOTE: 26 USC 51 note.>> (b) Effective Date.--The amendment made
by this section shall apply to individuals who begin work for the
employer after June 30, 1998.
SEC. 1003. WELFARE-TO-WORK CREDIT.
Subsection (f) of section 51A (relating to termination) is amended
by striking ``April 30, 1999'' and inserting ``June 30, 1999''.
SEC. 1004. CONTRIBUTIONS OF STOCK TO PRIVATE FOUNDATIONS; EXPANDED
PUBLIC INSPECTION OF PRIVATE FOUNDATIONS' ANNUAL RETURNS.
(a) Special Rule for Contributions of Stock Made Permanent.--
(1) In general.--Paragraph (5) of section 170(e) is amended
by striking subparagraph (D) (relating to termination).
<<NOTE: 26 USC 170 note.>> (2) Effective date.--The
amendment made by paragraph (1) shall apply to contributions
made after June 30, 1998.
(b) Expanded Public Inspection of Private Foundations' Annual
Returns, Etc.--
(1) In general.--Section 6104 (relating to publicity of
information required from certain exempt organizations and
certain trusts) is amended by striking subsections (d) and (e)
and inserting after subsection (c) the following new subsection:
``(d) Public Inspection of Certain Annual Returns and Applications
for Exemption.--
``(1) In general.--In the case of an organization described
in subsection (c) or (d) of section 501 and exempt from taxation
under section 501(a)--
``(A) a copy of--
[[Page 112 STAT. 2681-889]]
``(i) the annual return filed under section
6033 (relating to returns by exempt organizations)
by such organization, and
``(ii) if the organization filed an
application for recognition of exemption under
section 501, the exempt status application
materials of such organization,
shall be made available by such organization for
inspection during regular business hours by any
individual at the principal office of such organization
and, if such organization regularly maintains 1 or more
regional or district offices having 3 or more employees,
at each such regional or district office, and
``(B) upon request of an individual made at such
principal office or such a regional or district office,
a copy of such annual return and exempt status
application materials shall be provided to such
individual without charge other than a reasonable fee
for any reproduction and mailing costs.
The request described in subparagraph (B) must be made in person
or in writing. If such request is made in person, such copy
shall be provided immediately and, if made in writing, shall be
provided within 30 days.
``(2) 3-year limitation on inspection of returns.--Paragraph
(1) shall apply to an annual return filed under section 6033
only during the 3-year period beginning on the last day
prescribed for filing such return (determined with regard to any
extension of time for filing).
``(3) Exceptions from disclosure requirement.--
``(A) Nondisclosure of contributors, etc.--In the
case of an organization which is not a private
foundation (within the meaning of section 509(a)),
paragraph (1) shall not require the disclosure of the
name or address of any contributor to the organization.
In the case of an organization described in section
501(d), paragraph (1) shall not require the disclosure
of the copies referred to in section 6031(b) with
respect to such organization.
``(B) Nondisclosure of certain other information.--
Paragraph (1) shall not require the disclosure of any
information if the Secretary withheld such information
from public inspection under subsection (a)(1)(D).
``(4) Limitation on providing copies.--Paragraph (1)(B)
shall not apply to any request if, in accordance with
regulations promulgated by the Secretary, the organization has
made the requested documents widely available, or the Secretary
determines, upon application by an organization, that such
request is part of a harassment campaign and that compliance
with such request is not in the public interest.
``(5) Exempt status application materials.--For purposes of
paragraph (1), the term `exempt status application materials'
means the application for recognition of exemption under section
501 and any papers submitted in support of such application and
any letter or other document issued by the Internal Revenue
Service with respect to such application.''.
(2) Conforming amendments.--
(A) Subsection (c) of section 6033 is amended by
adding ``and'' at the end of paragraph (1), by striking
paragraph (2), and by redesignating paragraph (3) as
paragraph (2).
[[Page 112 STAT. 2681-890]]
(B) Subparagraph (C) of section 6652(c)(1) is
amended by striking ``subsection (d) or (e)(1) of
section 6104 (relating to public inspection of annual
returns)'' and inserting ``section 6104(d) with respect
to any annual return''.
(C) Subparagraph (D) of section 6652(c)(1) is
amended by striking ``section 6104(e)(2) (relating to
public inspection of applications for exemption)'' and
inserting ``section 6104(d) with respect to any exempt
status application materials (as defined in such
section)''.
(D) Section 6685 is amended by striking ``or (e)''.
(E) Section 7207 is amended by striking ``or (e)''.
<<NOTE: 26 USC 6104 note.>> (3) Effective date.--
(A) In general.--Except as provided in subparagraph
(B), the amendments made by this subsection shall apply
to requests made after the later of December 31, 1998,
or the 60th day after the Secretary of the Treasury
first issues the regulations referred to in section
6104(d)(4) of the Internal Revenue Code of 1986, as
amended by this section.
(B) Publication of annual returns.--Section 6104(d)
of such Code, as in effect before the amendments made by
this subsection, shall not apply to any return the due
date for which is after the date such amendments take
effect under subparagraph (A).
SEC. 1005. SUBPART F EXEMPTION FOR ACTIVE FINANCING INCOME.
(a) Income Derived From Banking, Financing, or Similar Businesses.--
Section 954(h) (relating to income derived in the active conduct of
banking, financing, or similar businesses) is amended to read as
follows:
``(h) Special Rule for Income Derived in the Active Conduct of
Banking, Financing, or Similar Businesses.--
``(1) In general.--For purposes of subsection (c)(1),
foreign personal holding company income shall not include
qualified banking or financing income of an eligible controlled
foreign corporation.
``(2) Eligible controlled foreign corporation.--For purposes
of this subsection--
``(A) In general.--The term `eligible controlled
foreign corporation' means a controlled foreign
corporation which--
``(i) is predominantly engaged in the active
conduct of a banking, financing, or similar
business, and
``(ii) conducts substantial activity with
respect to such business.
``(B) Predominantly engaged.--A controlled foreign
corporation shall be treated as predominantly engaged in
the active conduct of a banking, financing, or similar
business if--
``(i) more than 70 percent of the gross income
of the controlled foreign corporation is derived
directly from the active and regular conduct of a
lending or finance business from transactions with
customers which are not related persons,
``(ii) it is engaged in the active conduct of
a banking business and is an institution licensed
to do business as a bank in the United States (or
is any other
[[Page 112 STAT. 2681-891]]
corporation not so licensed which is specified by
the Secretary in regulations), or
``(iii) it is engaged in the active conduct of
a securities business and is registered as a
securities broker or dealer under section 15(a) of
the Securities Exchange Act of 1934 or is
registered as a Government securities broker or
dealer under section 15C(a) of such Act (or is any
other corporation not so registered which is
specified by the Secretary in regulations).
``(3) Qualified banking or financing income.--For purposes
of this subsection--
``(A) In general.--The term `qualified banking or
financing income' means income of an eligible controlled
foreign corporation which--
``(i) is derived in the active conduct of a
banking, financing, or similar business by--
``(I) such eligible controlled
foreign corporation, or
``(II) a qualified business unit of
such eligible controlled foreign
corporation,
``(ii) is derived from one or more
transactions--
``(I) with customers located in a
country other than the United States,
and
``(II) substantially all of the
activities in connection with which are
conducted directly by the corporation or
unit in its home country, and
``(iii) is treated as earned by such
corporation or unit in its home country for
purposes of such country's tax laws.
``(B) Limitation on nonbanking and nonsecurities
businesses.--No income of an eligible controlled foreign
corporation not described in clause (ii) or (iii) of
paragraph (2)(B) (or of a qualified business unit of
such corporation) shall be treated as qualified banking
or financing income unless more than 30 percent of such
corporation's or unit's gross income is derived directly
from the active and regular conduct of a lending or
finance business from transactions with customers which
are not related persons and which are located within
such corporation's or unit's home country.
``(C) Substantial activity requirement for cross
border income.--The term `qualified banking or financing
income' shall not include income derived from 1 or more
transactions with customers located in a country other
than the home country of the eligible controlled foreign
corporation or a qualified business unit of such
corporation unless such corporation or unit conducts
substantial activity with respect to a banking,
financing, or similar business in its home country.
``(D) Determinations made separately.--For purposes
of this paragraph, the qualified banking or financing
income of an eligible controlled foreign corporation and
each qualified business unit of such corporation shall
be determined separately for such corporation and each
such unit by taking into account--
``(i) in the case of the eligible controlled
foreign corporation, only items of income,
deduction, gain, or
[[Page 112 STAT. 2681-892]]
loss and activities of such corporation not
properly allocable or attributable to any
qualified business unit of such corporation, and
``(ii) in the case of a qualified business
unit, only items of income, deduction, gain, or
loss and activities properly allocable or
attributable to such unit.
``(4) Lending or finance business.--For purposes of this
subsection, the term `lending or finance business' means the
business of--
``(A) making loans,
``(B) purchasing or discounting accounts receivable,
notes, or installment obligations,
``(C) engaging in leasing (including entering into
leases and purchasing, servicing, and disposing of
leases and leased assets),
``(D) issuing letters of credit or providing
guarantees,
``(E) providing charge and credit card services, or
``(F) rendering services or making facilities
available in connection with activities described in
subparagraphs (A) through (E) carried on by--
``(i) the corporation (or qualified business
unit) rendering services or making facilities
available, or
``(ii) another corporation (or qualified
business unit of a corporation) which is a member
of the same affiliated group (as defined in
section 1504, but determined without regard to
section 1504(b)(3)).
``(5) Other definitions.--For purposes of this subsection--
``(A) Customer.--The term `customer' means, with
respect to any controlled foreign corporation or
qualified business unit, any person which has a customer
relationship with such corporation or unit and which is
acting in its capacity as such.
``(B) Home country.--Except as provided in
regulations--
``(i) Controlled foreign corporation.--The
term `home country' means, with respect to any
controlled foreign corporation, the country under
the laws of which the corporation was created or
organized.
``(ii) Qualified business unit.--The term
`home country' means, with respect to any
qualified business unit, the
country in which such unit maintains its principal office.
``(C) Located.--The determination of where a
customer is located shall be made under rules prescribed
by the Secretary.
``(D) Qualified business unit.--The term `qualified
business unit' has the meaning given such term by
section 989(a).
``(E) Related person.--The term `related person' has
the meaning given such term by subsection (d)(3).
``(6) Coordination with exception for dealers.--Paragraph
(1) shall not apply to income described in subsection
(c)(2)(C)(ii) of a dealer in securities (within the meaning of
section 475) which is an eligible controlled foreign corporation
described in paragraph (2)(B)(iii).
``(7) Anti-abuse rules.--For purposes of applying this
subsection and subsection (c)(2)(C)(ii)--
[[Page 112 STAT. 2681-893]]
``(A) there shall be disregarded any item of income,
gain, loss, or deduction with respect to any transaction
or series of transactions one of the principal purposes
of which is qualifying income or gain for the exclusion
under this section, including any transaction or series
of transactions a principal purpose of which is the
acceleration or deferral of any item in order to claim
the benefits of such exclusion through the application
of this subsection,
``(B) there shall be disregarded any item of income,
gain, loss, or deduction of an entity which is not
engaged in regular and continuous transactions with
customers which are not related persons,
``(C) there shall be disregarded any item of income,
gain, loss, or deduction with respect to any transaction
or series of transactions utilizing, or doing business
with--
``(i) one or more entities in order to satisfy
any home country requirement under this
subsection, or
``(ii) a special purpose entity or
arrangement, including a securitization,
financing, or similar entity or arrangement,
if one of the principal purposes of such transaction or
series of transactions is qualifying income or gain for
the exclusion under this subsection, and
``(D) a related person, an officer, a director, or
an employee with respect to any controlled foreign
corporation (or qualified business unit) which would
otherwise be treated as a customer of such corporation
or unit with respect to any transaction shall not be so
treated if a principal purpose of such transaction is to
satisfy any requirement of this subsection.
``(8) Regulations.--The Secretary shall prescribe such
regulations as may be necessary or appropriate to carry out the
purposes of this subsection, subsection (c)(1)(B)(i), subsection
(c)(2)(C)(ii), and the last sentence of subsection (e)(2).
``(9) Application.--This subsection, subsection
(c)(2)(C)(ii), and the last sentence of subsection (e)(2) shall
apply only to the first taxable year of a foreign corporation
beginning after December 31, 1998, and before January 1, 2000,
and to taxable years of United States shareholders with or
within which such taxable year of such foreign corporation
ends.''.
(b) Income Derived From Insurance Business.--
(1) Income attributable to issuance or reinsurance.--
(A) In general.--Section 953(a) (defining insurance
income) is amended to read as follows:
``(a) Insurance Income.--
``(1) In general.--For purposes of section 952(a)(1), the
term `insurance income' means any income which--
``(A) is attributable to the issuing (or reinsuring)
of an insurance or annuity contract, and
``(B) would (subject to the modifications provided
by subsection (b)) be taxed under subchapter L of this
chapter if such income were the income of a domestic
insurance company.
``(2) Exception.--Such term shall not include any exempt
insurance income (as defined in subsection (e)).''.
[[Page 112 STAT. 2681-894]]
(B) Exempt insurance income.--Section 953 (relating
to insurance income) is amended by adding at the end the
following new subsection:
``(e) Exempt Insurance Income.--For purposes of this section--
``(1) Exempt insurance income defined.--
``(A) In general.--The term `exempt insurance
income' means income derived by a qualifying insurance
company which--
``(i) is attributable to the issuing (or
reinsuring) of an exempt contract by such company
or a qualifying insurance company branch of such
company, and
``(ii) is treated as earned by such company or
branch in its home country for purposes of such
country's tax laws.
``(B) Exception for certain arrangements.--Such term
shall not include income attributable to the issuing (or
reinsuring) of an exempt contract as the result of any
arrangement whereby another corporation receives a
substantially equal amount of premiums or other
consideration in respect of issuing (or reinsuring) a
contract which is not an exempt contract.
``(C) Determinations made separately.--For purposes
of this subsection and section 954(i), the exempt
insurance income and exempt contracts of a qualifying
insurance company or any qualifying insurance company
branch of such company shall be determined separately
for such company and each such branch by taking into
account--
``(i) in the case of the qualifying insurance
company, only items of income, deduction, gain, or
loss, and activities of such company not properly
allocable or attributable to any qualifying
insurance company branch of such company, and
``(ii) in the case of a qualifying insurance
company branch, only items of income, deduction,
gain, or loss and activities properly allocable or
attributable to such branch.
``(2) Exempt contract.--
``(A) In general.--The term `exempt contract' means
an insurance or annuity contract issued or reinsured by
a qualifying insurance company or qualifying insurance
company branch in connection with property in, liability
arising out of activity in, or the lives or health of
residents of, a country other than the United States.
``(B) Minimum home country income required.--
``(i) In general.--No contract of a qualifying
insurance company or of a qualifying insurance
company branch shall be treated as an exempt
contract unless such company or branch derives
more than 30 percent of its net written premiums
from exempt contracts (determined without regard
to this subparagraph)--
``(I) which cover applicable home
country risks, and
``(II) with respect to which no
policyholder, insured, annuitant, or
beneficiary is a related person (as
defined in section 954(d)(3)).
[[Page 112 STAT. 2681-895]]
``(ii) Applicable home country risks.--The
term `applicable home country risks' means risks
in connection with property in, liability arising
out of activity in, or the lives or health of
residents of, the home country of the qualifying
insurance company or qualifying insurance company
branch, as the case may be, issuing or reinsuring
the contract covering the risks.
``(C) Substantial activity requirements for cross
border risks.--A contract issued by a qualifying
insurance company or qualifying insurance company branch
which covers risks other than applicable home country
risks (as defined in subparagraph (B)(ii)) shall not be
treated as an exempt contract unless such company or
branch, as the case may be--
``(i) conducts substantial activity with
respect to an insurance business in its home
country, and
``(ii) performs in its home country
substantially all of the activities necessary to
give rise to the income generated by such
contract.
``(3) Qualifying insurance company.--The term `qualifying
insurance company' means any controlled foreign corporation
which--
``(A) is subject to regulation as an insurance (or
reinsurance) company by its home country, and is
licensed, authorized, or regulated by the applicable
insurance regulatory body for its home country to sell
insurance, reinsurance, or annuity contracts to persons
other than related persons (within the meaning of
section 954(d)(3)) in such home country,
``(B) derives more than 50 percent of its aggregate
net written premiums from the issuance or reinsurance by
such controlled foreign corporation and each of its
qualifying insurance company branches of contracts--
``(i) covering applicable home country risks
(as defined in paragraph (2)) of such corporation
or branch, as the case may be, and
``(ii) with respect to which no policyholder,
insured, annuitant, or beneficiary is a related
person (as defined in section 954(d)(3)),
except that in the case of a branch, such premiums shall
only be taken into account to the extent such premiums
are treated as earned by such branch in its home country
for purposes of such country's tax laws, and
``(C) is engaged in the insurance business and would
be subject to tax under subchapter L if it were a
domestic corporation.
``(4) Qualifying insurance company branch.--The term
`qualifying insurance company branch' means a qualified business
unit (within the meaning of section 989(a)) of a controlled
foreign corporation if--
``(A) such unit is licensed, authorized, or
regulated by the applicable insurance regulatory body
for its home country to sell insurance, reinsurance, or
annuity contracts to persons other than related persons
(within the meaning of section 954(d)(3)) in such home
country, and
[[Page 112 STAT. 2681-896]]
``(B) such controlled foreign corporation is a
qualifying insurance company, determined under paragraph
(3) as if such unit were a qualifying insurance company
branch.
``(5) Life insurance or annuity contract.--For purposes of
this section and section 954, the determination of whether a
contract issued by a controlled foreign corporation or a
qualified business unit (within the meaning of section 989(a))
is a life insurance contract or an annuity contract shall be
made without regard to sections 72(s), 101(f), 817(h), and 7702
if--
``(A) such contract is regulated as a life insurance
or annuity contract by the corporation's or unit's home
country, and
``(B) no policyholder, insured, annuitant, or
beneficiary with respect to the contract is a United
States person.
``(6) Home country.--For purposes of this subsection, except
as provided in regulations--
``(A) Controlled foreign corporation.--The term
`home country' means, with respect to a controlled
foreign corporation, the country in which such
corporation is created or organized.
``(B) Qualified business unit.--The term `home
country' means, with respect to a qualified business
unit (as defined in section 989(a)), the country in
which the principal office of such unit is located and
in which such unit is licensed, authorized, or regulated
by the applicable insurance regulatory body to sell
insurance, reinsurance, or annuity contracts to persons
other than related persons (as defined in section
954(d)(3)) in such country.
``(7) Anti-abuse rules.--For purposes of applying this
subsection and section 954(i)--
``(A) the rules of section 954(h)(7) (other than
subparagraph (B) thereof) shall apply,
``(B) there shall be disregarded any item of income,
gain, loss, or deduction of, or derived from, an entity
which is not engaged in regular and continuous
transactions with persons which are not related persons,
``(C) there shall be disregarded any change in the
method of computing reserves a principal purpose of
which is the acceleration or deferral of any item in
order to claim the benefits of this subsection or
section 954(i),
``(D) a contract of insurance or reinsurance shall
not be treated as an exempt contract (and premiums from
such contract shall not be taken into account for
purposes of paragraph (2)(B) or (3)) if--
``(i) any policyholder, insured, annuitant, or
beneficiary is a resident of the United States and
such contract was marketed to such resident and
was written to cover a risk outside the United
States, or
``(ii) the contract covers risks located
within and without the United States and the
qualifying insurance company or qualifying
insurance company branch does not maintain such
contemporaneous records, and file such reports,
with respect to such contract as the Secretary may
require,
``(E) <<NOTE: Regulations.>> the Secretary may
prescribe rules for the allocation of contracts (and
income from contracts) among 2 or more qualifying
insurance company branches of a qualifying
[[Page 112 STAT. 2681-897]]
insurance company in order to clearly reflect the income
of such branches, and
``(F) premiums from a contract shall not be taken
into account for purposes of paragraph (2)(B) or (3) if
such contract reinsures a contract issued or reinsured
by a related person (as defined in section 954(d)(3)).
For purposes of subparagraph (D), the determination of where
risks are located shall be made under the principles of section
953.
``(8) Coordination with subsection (c).--In determining
insurance income for purposes of subsection (c), exempt
insurance income shall not include income derived from exempt
contracts which cover risks other than applicable home country
risks.
``(9) Regulations.--The Secretary shall prescribe such
regulations as may be necessary or appropriate to carry out the
purposes of this subsection and section 954(i).
``(10) Application.--This subsection and section 954(i)
shall apply only to the first taxable year of a foreign
corporation beginning after December 31, 1998, and before
January 1, 2000, and to taxable years of United States
shareholders with or within which such taxable year of such
foreign corporation ends.
``(11) Cross reference.--
``For income exempt from foreign personal holding
company income, see section 954(i).''.
(2) Exemption from foreign personal holding company
income.--Section 954 (defining foreign base company income) is
amended by adding at the end the following new subsection:
``(i) Special Rule for Income Derived in the Active Conduct of
Insurance Business.--
``(1) In general.--For purposes of subsection (c)(1),
foreign personal holding company income shall not include
qualified insurance income of a qualifying insurance company.
``(2) Qualified insurance income.--The term `qualified
insurance income' means income of a qualifying insurance company
which is--
``(A) received from a person other than a related
person (within the meaning of subsection (d)(3)) and
derived from the investments made by a qualifying
insurance company or a qualifying insurance company
branch of its reserves allocable to exempt contracts or
of 80 percent of its unearned premiums from exempt
contracts (as both are determined in the manner
prescribed under paragraph (4)), or
``(B) received from a person other than a related
person (within the meaning of subsection (d)(3)) and
derived from investments made by a qualifying insurance
company or a qualifying insurance company branch of an
amount of its assets allocable to exempt contracts equal
to--
``(i) in the case of property, casualty, or
health insurance contracts, one-third of its
premiums earned on such insurance contracts during
the taxable year (as defined in section
832(b)(4)), and
``(ii) in the case of life insurance or
annuity contracts, 10 percent of the reserves
described in subparagraph (A) for such contracts.
[[Page 112 STAT. 2681-898]]
``(3) Principles for determining insurance income.--Except
as provided by the Secretary, for purposes of subparagraphs (A)
and (B) of paragraph (2)--
``(A) in the case of any contract which is a
separate account-type contract (including any variable
contract not meeting the requirements of section 817),
income credited under such contract shall be allocable
only to such contract, and
``(B) income not allocable under subparagraph (A)
shall be allocated ratably among contracts not described
in subparagraph (A).
``(4) Methods for determining unearned premiums and
reserves.--For purposes of paragraph (2)(A)--
``(A) Property and casualty contracts.--The unearned
premiums and reserves of a qualifying insurance company
or a qualifying insurance company branch with respect to
property, casualty, or health insurance contracts shall
be determined using the same methods and interest rates
which would be used if such company or branch were
subject to tax under subchapter L, except that--
``(i) the interest rate determined for the
functional currency of the company or
branch, and which, except as provided by the Secretary, is calculated in
the same manner as the Federal mid-term rate under section 1274(d),
shall be substituted for the applicable Federal interest rate, and
``(ii) such company or branch shall use the
appropriate foreign loss payment pattern.
``(B) Life insurance and annuity contracts.--The
amount of the reserve of a qualifying insurance company
or qualifying insurance company branch for any life
insurance or annuity contract shall be equal to the
greater of--
``(i) the net surrender value of such contract
(as defined in section 807(e)(1)(A)), or
``(ii) the reserve determined under paragraph
(5).
``(C) Limitation on reserves.--In no event shall the
reserve determined under this paragraph for any contract
as of any time exceed the amount which would be taken
into account with respect to such contract as of such
time in determining foreign statement reserves (less any
catastrophe, deficiency, equalization, or similar
reserves).
``(5) Amount of reserve.--The amount of the reserve
determined under this paragraph with respect to any contract
shall be determined in the same manner as it would be determined
if the qualifying insurance company or qualifying insurance
company branch were subject to tax under subchapter L, except
that in applying such subchapter--
``(A) the interest rate determined for the
functional currency of the company or branch, and which,
except as provided by the Secretary, is calculated in
the same manner as the Federal mid-term rate under
section 1274(d), shall be substituted for the applicable
Federal interest rate,
``(B) the highest assumed interest rate permitted to
be used in determining foreign statement reserves shall
[[Page 112 STAT. 2681-899]]
be substituted for the prevailing State assumed interest
rate, and
``(C) tables for mortality and morbidity which
reasonably reflect the current mortality and morbidity
risks in the company's or branch's home country shall be
substituted for the mortality and morbidity tables
otherwise used for such subchapter.
The Secretary may provide that the interest rate and mortality
and morbidity tables of a qualifying insurance company may be
used for 1 or more of its qualifying insurance company branches
when appropriate.
``(6) Definitions.--For purposes of this subsection, any
term used in this subsection which is also used in section
953(e) shall have the meaning given such term by section 953.''.
(3) Reserves.--Section 953(b) is amended by redesignating
paragraph (3) as paragraph (4) and by inserting after paragraph
(2) the following new paragraph:
``(3) Reserves for any insurance or annuity contract shall
be determined in the same manner as under section 954(i).''.
(c) Special Rules for Dealers.--Section 954(c)(2)(C) is amended to
read as follows:
``(C) Exception for dealers.--Except as provided by
regulations, in the case of a regular dealer in property
which is property described in paragraph (1)(B), forward
contracts,
option contracts, or similar financial instruments (including notional
principal contracts and all instruments referenced to commodities),
there shall not be taken into account in computing foreign personal
holding company income--
``(i) any item of income, gain, deduction, or
loss (other than any item described in
subparagraph (A), (E), or (G) of paragraph (1))
from any transaction (including hedging
transactions) entered into in the ordinary course
of such dealer's trade or business as such a
dealer, and
``(ii) if such dealer is a dealer in
securities (within the meaning of section 475),
any interest or dividend or equivalent amount
described in subparagraph (E) or (G) of paragraph
(1) from any transaction (including any hedging
transaction or transaction described in section
956(c)(2)(J)) entered into in the ordinary course
of such dealer's trade or business as such a
dealer in securities, but only if the income from
the transaction is attributable to activities of
the dealer in the country under the laws of which
the dealer is created or organized (or in the case
of a qualified business unit described in section
989(a), is attributable to activities of the unit
in the country in which the unit both maintains
its principal office and conducts substantial
business activity).''.
(d) Exemption From Foreign Base Company Services Income.--Paragraph
(2) of section 954(e) is amended by inserting ``or'' at the end of
subparagraph (A), by striking ``, or'' at the end of subparagraph (B)
and inserting a period, by striking subparagraph (C), and by adding at
the end the following new flush sentence:
[[Page 112 STAT. 2681-900]]
``Paragraph (1) shall also not apply to income which is exempt
insurance income (as defined in section 953(e)) or which is not
treated as foreign personal holding income by reason of
subsection (c)(2)(C)(ii), (h), or (i).''.
(e) Exemption for Gain.--Section 954(c)(1)(B)(i) (relating to net
gains from certain property transactions) is amended by inserting
``other than property which gives rise to income not treated as foreign
personal holding company income by reason of subsection (h) or (i) for
the taxable year'' before the comma at the end.
SEC. 1006. DISCLOSURE OF RETURN INFORMATION ON INCOME CONTINGENT STUDENT
LOANS.
Subparagraph (D) of section 6103(l)(13) (relating to disclosure of
return information to carry out income contingent repayment of student
loans) is amended by striking ``September 30, 1998'' and inserting
``September 30, 2003''.
Subtitle B--Trade Provisions
SEC. 1011. EXTENSION OF DUTY-FREE TREATMENT UNDER GENERALIZED SYSTEM OF
PREFERENCES.
(a) In General.--Section 505 of the Trade Act of 1974 (19 U.S.C.
2465) is amended by striking ``June 30, 1998'' and inserting ``June 30,
1999''.
<<NOTE: 19 USC 2465 note.>> (b) Effective Date.--
(1) In general.--The amendments made by this section apply
to articles entered on or after the date of the enactment of
this Act.
(2) Retroactive application for certain liquidations and
reliquidations.--
(A) General rule.--Notwithstanding section 514 of
the Tariff Act of 1930 or any other provision of law,
and subject to paragraph (3), any entry--
(i) of an article to which duty-free treatment
under title V of the Trade Act of 1974 would have
applied if such entry had been made on July 1,
1998, and such title had been in effect on July 1,
1998, and
(ii) that was made--
(I) after June 30, 1998, and
(II) before the date of enactment of
this Act,
shall be liquidated or reliquidated as free of duty, and
the Secretary of the Treasury shall refund any duty paid
with respect to such entry.
(B) Entry.--As used in this paragraph, the term
``entry'' includes a withdrawal from warehouse for
consumption.
(3) Requests.--Liquidation or reliquidation may be made
under paragraph (2) with respect to an entry only if a request
therefor is filed with the Customs Service, within 180 days
after the date of enactment of this Act, that contains
sufficient information to enable the Customs Service--
(A) to locate the entry; or
(B) to reconstruct the entry if it cannot be
located.
SEC. 1012. TRADE ADJUSTMENT ASSISTANCE.
(a) Assistance for Workers.--Section 245 of the Trade Act of 1974
(19 U.S.C. 2317) is amended--
[[Page 112 STAT. 2681-901]]
(1) in subsection (a), by striking ``for each of'' and all
that follows through ``1998,'' and inserting ``for the period
beginning October 1, 1998, and ending June 30, 1999,''; and
(2) in subsection (b), by striking ``for each of'' and all
that follows through ``1998,'' and inserting ``for the period
beginning October 1, 1998, and ending June 30, 1999,''.
(b) NAFTA Transitional Program.--Section 250(d)(2) of the Trade Act
of 1974 (19 U.S.C. 2331(d)(2)) is amended by striking ``for any fiscal
year shall not exceed $30,000,000'' and inserting ``for the period
beginning October 1, 1998, and ending June 30, 1999, shall not exceed
$15,000,000''.
(c) Adjustment Assistance for Firms.--Section 256(b) of the Trade
Act of 1974 (19 U.S.C. 2346(b)) is amended by striking ``for fiscal
years'' and all that follows through ``1998'' and inserting ``for the
period beginning October 1, 1998, and ending June 30, 1999''.
(d) Termination.--Section 285(c) of the Trade Act of 1974 (19 U.S.C.
2271 note preceding) is amended--
(1) in paragraph (1), by striking ``September 30, 1998'' and
inserting ``June 30, 1999''; and
(2) in paragraph (2)(A), by striking ``the day that is'' and
all that follows through ``effective'' and inserting ``June 30,
1999''.
TITLE II--OTHER TAX PROVISIONS
Subtitle A--Provisions Relating to Individuals
SEC. 2001. NONREFUNDABLE PERSONAL CREDITS FULLY ALLOWED AGAINST REGULAR
TAX LIABILITY DURING 1998.
(a) In General.--Subsection (a) of section 26 is amended by adding
at the end the following flush sentence:
``For purposes of paragraph (2), the taxpayer's tentative minimum tax
for any taxable year beginning during 1998 shall be treated as being
zero.''
(b) Conforming Amendment.--Section 24(d)(2) is amended by striking
``The credit'' and inserting ``For taxable years beginning after
December 31, 1998, the credit''.
<<NOTE: 26 USC 24 note.>> (c) Effective Date.--The amendments made
by this section shall apply to taxable years beginning after December
31, 1997.
SEC. 2002. 100 PERCENT DEDUCTION FOR HEALTH INSURANCE COSTS OF SELF-
EMPLOYED INDIVIDUALS.
(a) In General.--The table contained in subparagraph (B) of section
162(l)(1) (relating to special rules for health insurance costs of self-
employed individuals) is amended to read as follows:
``For taxable years beginnThe applicable percentage is--
in calendar year--
1999 through 2001 60
2002 70
2003 and thereafter 100.''
<<NOTE: Applicability. 26 USC 162 note.>> (b) Effective Date.--
The amendment made by this section shall apply to taxable years
beginning after December 31, 1998.
SEC. 2003. MODIFICATION OF ESTIMATED TAX SAFE HARBORS.
(a) In General.--The table contained in clause (i) of section
6654(d)(1)(C) (relating to limitation on use of preceding year's tax)
[[Page 112 STAT. 2681-902]]
is amended by striking the item relating to 1998, 1999, or 2000 and
inserting the following new items:
``1998 105
1999 or 2000 106''.
<<NOTE: Effective date. 26 USC 6654 note.>> (b) Effective Date.--
The amendment made by this section shall apply with respect to any
installment payment for taxable years beginning after December 31, 1999.
Subtitle B--Provisions Relating to Farmers
SEC. 2011. INCOME AVERAGING FOR FARMERS MADE PERMANENT.
Subsection (c) of section 933 of the Taxpayer Relief Act of
1997 <<NOTE: 26 USC 1301 note.>> is amended by striking ``, and before
January 1, 2001''.
SEC. 2012. PRODUCTION FLEXIBILITY CONTRACT PAYMENTS.
(a) In General.-- <<NOTE: 7 USC 7212 note.>> The options under
paragraphs (2) and (3) of section 112(d) of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7212(d) (2) and (3)), as in
effect on the date of the enactment of this Act, shall be disregarded in
determining the taxable year for which any payment under a production
flexibility contract under subtitle B of title I of such Act (as so in
effect) is properly includible in gross income for purposes of the
Internal Revenue Code of 1986.
<<NOTE: Applicability.>> (b) Effective Date.--Subsection (a) shall
apply to taxable years ending after December 31, 1995.
SEC. 2013. 5-YEAR NET OPERATING LOSS CARRYBACK FOR FARMING LOSSES.
(a) In General.--Paragraph (1) of section 172(b) (relating to net
operating loss deduction) is amended by adding at the end the following
new subparagraph:
``(G) Farming losses.--In the case of a taxpayer
which has a farming loss (as defined in subsection (i))
for a taxable year, such farming loss shall be a net
operating loss carryback to each of the 5 taxable years
preceding the taxable year of such loss.''.
(b) Farming Loss.--Section 172 is amended by redesignating
subsection (i) as subsection (j) and by inserting after subsection (h)
the following new subsection:
``(i) Rules Relating to Farming Losses.--For purposes of this
section--
``(1) In general.--The term `farming loss' means the lesser
of--
``(A) the amount which would be the net operating
loss for the taxable year if only income and deductions
attributable to farming businesses (as defined in
section 263A(e)(4)) are taken into account, or
``(B) the amount of the net operating loss for such
taxable year.
``(2) Coordination with subsection (b)(2).--For purposes of
applying subsection (b)(2), a farming loss for any taxable year
shall be treated in a manner similar to the manner in which a
specified liability loss is treated.
``(3) Election.--Any taxpayer entitled to a 5-year carryback
under subsection (b)(1)(G) from any loss year may elect to have
the carryback period with respect to such loss year determined
without regard to subsection (b)(1)(G). Such election shall be
made in such manner as may be prescribed
[[Page 112 STAT. 2681-903]]
by the Secretary and shall be made by the due date (including
extensions of time) for filing the taxpayer's return for the
taxable year of the net operating loss. Such election, once made
for any taxable year, shall be irrevocable for such taxable
year.''.
(c) Coordination With Farm Disaster Losses.--Clause (ii) of section
172(b)(1)(F) is amended by adding at the end the following flush
sentence:
``Such term shall not include any farming loss (as
defined in subsection (i)).''.
<<NOTE: Applicability. 26 USC 172 note.>> (d) Effective Date.--The
amendments made by this section shall apply to net operating losses for
taxable years beginning after December 31, 1997.
Subtitle C--Miscellaneous Provisions
SEC. 2021. INCREASE IN VOLUME CAP ON PRIVATE ACTIVITY BONDS.
(a) In General.--Subsection (d) of section 146 (relating to volume
cap) is amended by striking paragraphs (1) and (2) and inserting the
following new paragraphs:
``(1) In general.--The State ceiling applicable to any State
for any calendar year shall be the greater of--
``(A) an amount equal to the per capita limit for
such year multiplied by the State population, or
``(B) the aggregate limit for such year.
Subparagraph (B) shall not apply to any possession of the United
States.
``(2) Per capita limit; aggregate limit.--For purposes of
paragraph (1), the per capita limit, and the aggregate limit,
for any calendar year shall be determined in accordance with the
following table:
Calendar Year Per Capita Limit Aggregate Limit
----------------------------------------------------------------------------------------------------------------
1999 through 2002...................... $50 $150,000,000
2003................................... 55 165,000,000
2004................................... 60 180,000,000
2005................................... 65 195,000,000
2006................................... 70 210,000,000
2007 and thereafter.................... 75 225,000,000.''
<<NOTE: 26 USC 146 note.>> (b) Effective Date.--The amendment made
by this section shall apply to calendar years after 1998.
SEC. 2022. <<NOTE: 26 USC 168 note.>> DEPRECIATION STUDY.
The Secretary of the Treasury (or the Secretary's delegate)--
(1) shall conduct a comprehensive study of the recovery
periods and depreciation methods under section 168 of the
Internal Revenue Code of 1986, and
(2) not later than March 31, 2000, shall submit the results
of such study, together with recommendations for determining
such periods and methods in a more rational manner, to the
Committee on Ways and Means of the House of Representatives and
the Committee on Finance of the Senate.
[[Page 112 STAT. 2681-904]]
SEC. 2023. <<NOTE: 42 USC 418 note.>> EXEMPTION FOR STUDENTS EMPLOYED BY
STATE SCHOOLS, COLLEGES, OR UNIVERSITIES.
(a) In General.--Notwithstanding section 218 of the Social Security
Act, any agreement with a State (or any modification thereof) entered
into pursuant to such section may, at the option of such State, be
modified at any time on or after January 1, 1999, and on or before March
31, 1999, so as to exclude service performed in the employ of a school,
college, or university if such service is performed by a student who is
enrolled and is regularly attending classes at such school, college, or
university.
(b) Effective Date of Modification.--Any modification of an
agreement pursuant to subsection (a) shall be effective with respect to
services performed after June 30, 2000.
(c) Irrevocability of Modification.--If any modification of an
agreement pursuant to subsection (a) terminates coverage with respect to
service performed in the employ of a school, college, or university, by
a student who is enrolled and regularly attending classes at such
school, college, or university, the Commissioner of Social Security and
the State may not thereafter modify such agreement so as to again make
the agreement applicable to such service performed in the employ of such
school, college, or university.
TITLE III--REVENUE OFFSETS
SEC. 3001. TREATMENT OF CERTAIN DEDUCTIBLE LIQUIDATING DISTRIBUTIONS OF
REGULATED INVESTMENT COMPANIES AND REAL ESTATE INVESTMENT
TRUSTS.
(a) In General.--Section 332 (relating to complete liquidations of
subsidiaries) is amended by adding at the end the following new
subsection:
``(c) Deductible Liquidating Distributions of Regulated Investment
Companies and Real Estate Investment Trusts.--If a corporation receives
a distribution from a regulated investment company or a real estate
investment trust which is considered under subsection (b) as being in
complete liquidation of such company or trust, then, notwithstanding any
other provision of this chapter, such corporation shall recognize and
treat as a dividend from such company or trust an amount equal to the
deduction for dividends paid allowable to such company or trust by
reason of such distribution.''.
(b) Conforming Amendments.--
(1) The material preceding paragraph (1) of section 332(b)
is amended by striking ``subsection (a)'' and inserting ``this
section''.
(2) Paragraph (1) of section 334(b) is amended by striking
``section 332(a)'' and inserting ``section 332''.
<<NOTE: 26 USC 332 note.>> (c) Effective Date.--The amendments made
by this section shall apply to distributions after May 21, 1998.
(d) Assumptions.--In making the estimate required for this Act by
section 252(d)(2) of the Balanced Budget and Emergency Deficit Control
Act of 1985, that part of the estimate that measures the change in
receipts resulting from the amendments made by this section shall be
based on the economic and technical assumptions underlying the
supplemental summary of the budget for fiscal year 1999, submitted on
May 26, 1998, pursuant to section 1106 of title 31, United States Code,
notwithstanding section 252(d)(2)(B).
[[Page 112 STAT. 2681-905]]
All other parts of such estimate required by such section 252(d)(2)
shall be made pursuant to the requirements of such section 252(d)(2)(B).
SEC. 3002. INCLUSION OF ROTAVIRUS GASTROENTERITIS AS A TAXABLE VACCINE.
(a) In General.--Paragraph (1) of section 4132(a) (defining taxable
vaccine) is amended by adding at the end the following new subparagraph:
``(K) Any vaccine against rotavirus
gastroenteritis.''.
<<NOTE: 26 USC 4132 note.>> (b) Effective Date.--
(1) Sales.--The amendment made by this section shall apply
to sales after the date of the enactment of this Act.
(2) Deliveries.--For purposes of paragraph (1), in the case
of sales on or before the date of the enactment of this Act for
which delivery is made after such date, the delivery date shall
be considered the sale date.
SEC. 3003. CLARIFICATION AND EXPANSION OF MATHEMATICAL ERROR ASSESSMENT
PROCEDURES.
(a) TIN Deemed Incorrect if Information on Return Differs With
Agency Records.--Paragraph (2) of section 6213(g) (defining mathematical
or clerical error) is amended by adding at the end the following flush
sentence:
``A taxpayer shall be treated as having omitted a correct TIN
for purposes of the preceding sentence if information provided
by the taxpayer on the return with respect to the individual
whose TIN was provided differs from the information the
Secretary obtains from the person issuing the TIN.''.
(b) Expansion of Mathematical Error Procedures to Cases Where TIN
Establishes Individual Not Eligible for Tax Credit.--Paragraph (2) of
section 6213(g) is amended by striking ``and'' at the end of
subparagraph (J), by striking the period at the end of the subparagraph
(K) and inserting ``, and'', and by inserting after subparagraph (K) the
following new subparagraph:
``(L) the inclusion on a return of a TIN required to
be included on the return under section 21, 24, or 32
if--
``(i) such TIN is of an individual whose age
affects the amount of the credit under such
section, and
``(ii) the computation of the credit on the
return reflects the treatment of such individual
as being of an age different from the individual's
age based on such TIN.''.
<<NOTE: 26 USC 6213 note.>> (c) Effective Date.--The amendments
made by this section shall apply to taxable years ending after the date
of the enactment of this Act.
SEC. 3004. CLARIFICATION OF DEFINITION OF SPECIFIED LIABILITY LOSS.
(a) In General.--Subparagraph (B) of section 172(f)(1) (defining
specified liability loss) is amended to read as follows:
``(B)(i) Any amount allowable as a deduction under
this chapter (other than section 468(a)(1) or 468A(a))
which is in satisfaction of a liability under a Federal
or State law requiring--
``(I) the reclamation of land,
[[Page 112 STAT. 2681-906]]
``(II) the decommissioning of a nuclear power
plant (or any unit thereof),
``(III) the dismantlement of a drilling
platform,
``(IV) the remediation of environmental
contamination, or
``(V) a payment under any workers compensation
act (within the meaning of section
461(h)(2)(C)(i)).
``(ii) A liability shall be taken into account under
this subparagraph only if--
``(I) the act (or failure to act) giving rise
to such liability occurs at least 3 years before
the beginning of the taxable year, and
``(II) the taxpayer used an accrual method of
accounting throughout the period or periods during
which such act (or failure to act) occurred.''.
<<NOTE: 26 USC 172 note.>> (b) Effective Date.--The amendment made
by this section shall apply to net operating losses arising in taxable
years ending after the date of the enactment of this Act.
TITLE IV--TECHNICAL CORRECTIONS
SEC. 4001. DEFINITIONS; COORDINATION WITH <<NOTE: 26 USC 1 note.>> OTHER
TITLES.
(a) Definitions.--For purposes of this title--
(1) 1986 code.--The term ``1986 Code'' means the Internal
Revenue Code of 1986.
(2) 1998 act.--The term ``1998 Act'' means the Internal
Revenue Service Restructuring and Reform Act of 1998 (Public Law
105-206).
(3) 1997 act.--The term ``1997 Act'' means the Taxpayer
Relief Act of 1997 (Public Law 105-34).
(b) Coordination With Other Titles.--For purposes of applying the
amendments made by any title of this division other than this title, the
provisions of this title shall be treated as having been enacted
immediately before the provisions of such other titles.
SEC. 4002. AMENDMENTS RELATED TO INTERNAL REVENUE SERVICE RESTRUCTURING
AND REFORM ACT OF 1998.
(a) Amendment Related to Section 1101 of 1998 Act.--Paragraph (5) of
section 6103(h) of the 1986 Code, as added by section 1101(b) of the
1998 Act, is redesignated as paragraph (6).
(b) Amendment Related to Section 3001 of 1998 Act.--Paragraph (2) of
section 7491(a) of the 1986 Code is amended by adding at the end the
following flush sentence:
``Subparagraph (C) shall not apply to any qualified revocable
trust (as defined in section 645(b)(1)) with respect to
liability for tax for any taxable year ending after the date of
the decedent's death and before the applicable date (as defined
in section 645(b)(2)).''.
(c) Amendments Related to Section 3201 of 1998 Act.--
(1) Section 7421(a) of the 1986 Code is amended by striking
``6015(d)'' and inserting ``6015(e)''.
(2) Subparagraph (A) of section 6015(e)(3) is amended by
striking ``of this section'' and inserting ``of subsection (b)
or (f)''.
(d) Amendment Related to Section 3301 of 1998 Act.--Paragraph (2) of
section 3301(c) of the 1998 Act <<NOTE: 26 USC 6601 note.>> is amended
by striking ``The amendments'' and inserting ``Subject to any applicable
[[Page 112 STAT. 2681-907]]
statute of limitation not having expired with regard to either a tax
underpayment or a tax overpayment, the amendments''.
<<NOTE: 26 USC 7443A.>> (e) Amendment Related to Section 3401 of
1998 Act.--Section 3401(c) of the 1998 Act is amended--
(1) in paragraph (1), by striking ``7443(b)'' and inserting
``7443A(b)''; and
(2) in paragraph (2), by striking ``7443(c)'' and inserting
``7443A(c)''.
(f) Amendment Related to Section 3433 of 1998 Act.--Section 7421(a)
of the 1986 Code is amended by inserting ``6331(i),'' after
``6246(b),''.
(g) Amendment Related to Section 3467 of 1998 Act.--The subsection
(d) of section 6159 of the 1986 Code relating to cross reference is
redesignated as subsection (e).
(h) Amendment Related to Section 3708 of 1998 Act.--Subparagraph (A)
of section 6103(p)(3) of the 1986 Code is amended by inserting
``(f)(5),'' after ``(c), (e),''.
(i) Amendments Related to Section 5001 of 1998 Act.--
(1) Subparagraph (B) of section 1(h)(13) of the 1986 Code is
amended by striking ``paragraph (7)(A)'' and inserting
``paragraph (7)(A)(i)''.
<<NOTE: 26 USC 1 note.>> (2)(A) Subparagraphs (A)(i)(II),
(A)(ii)(II), and (B)(ii) of section 1(h)(13) of the 1986 Code
shall not apply to any distribution after December 31, 1997, by
a regulated investment company or a real estate investment trust
with respect to--
(i) gains and losses recognized directly by such
company or trust, and
(ii) amounts properly taken into account by such
company or trust by reason of holding (directly or
indirectly) an interest in another such company or trust
to the extent that such subparagraphs did not apply to
such other company or trust with respect to such
amounts.
(B) Subparagraph (A) shall not apply to any distribution
which is treated under section 852(b)(7) or 857(b)(8) of the
1986 Code as received on December 31, 1997.
(C) For purposes of subparagraph (A), any amount which is
includible in gross income of its shareholders under section
852(b)(3)(D) or 857(b)(3)(D) of the 1986 Code after December 31,
1997, shall be treated as distributed after such date.
(D)(i) For purposes of subparagraph (A), in the case of a
qualified partnership with respect to which a regulated
investment company meets the holding requirement of clause
(iii)--
(I) the subparagraphs referred to in subparagraph
(A) shall not apply to gains and losses recognized
directly by such partnership for purposes of determining
such company's distributive share of such gains and
losses, and
(II) such company's distributive share of such gains
and losses (as so determined) shall be treated as
recognized directly by such company.
<<NOTE: Applicability.>> The preceding sentence shall apply only
if the qualified partnership provides the company with written
documentation of such distributive share as so determined.
(ii) For purposes of clause (i), the term ``qualified
partnership'' means, with respect to a regulated investment
company, any partnership if--
(I) the partnership is an investment company
registered under the Investment Company Act of 1940,
[[Page 112 STAT. 2681-908]]
(II) the regulated investment company is permitted
to invest in such partnership by reason of section
12(d)(1)(E) of such Act or an exemptive order of the
Securities and Exchange Commission under such section,
and
(III) the regulated investment company and the
partnership have the same taxable year.
(iii) A regulated investment company meets the holding
requirement of this clause with respect to a qualified
partnership if (as of January 1, 1998)--
(I) the value of the interests of the regulated
investment company in such partnership is 35 percent or
more of the value of such company's total assets, or
(II) the value of the interests of the regulated
investment company in such partnership and all other
qualified partnerships is 90 percent or more of the
value of such company's total assets.
(3) Paragraph (13) of section 1(h) of the 1986 Code is
amended by adding at the end the following new subparagraph:
``(D) Charitable remainder trusts.--Subparagraphs
(A) and (B)(ii) shall not apply to any capital gain
distribution made by a trust described in section 664.''
(j) Amendment Related to Section 7004 of 1998 Act.--Clause (i) of
section 408A(c)(3)(C) of the 1986 Code, as amended by section 7004 of
the 1998 Act, is amended by striking the period at the end of subclause
(II) and inserting ``, and''.
(k) Effective Date <<NOTE: 26 USC 1 note.>> .--The amendments made
by this section shall take effect as if included in the provisions of
the 1998 Act to which they relate.
SEC. 4003. AMENDMENTS RELATED TO TAXPAYER RELIEF ACT OF 1997.
(a) Amendments Related to Section 202 of 1997 Act.--
(1) Paragraph (2) of section 163(h) of the 1986 Code is
amended by striking ``and'' at the end of subparagraph (D), by
striking the period at the end of subparagraph (E) and inserting
``, and'', and by adding at the end the following new
subparagraph:
``(F) any interest allowable as a deduction under
section 221 (relating to interest on educational
loans).''
(2)(A) Subparagraph (C) of section 221(b)(2) of the 1986
Code is amended--
(i) by striking ``135, 137,'' in clause (i),
(ii) by inserting ``135, 137,'' after ``sections
86,'' in clause (ii), and
(iii) by striking the last sentence.
(B) Sections 86(b)(2)(A), 135(c)(4)(A), and 219(g)(3)(A)(ii)
of the 1986 Code are each amended by inserting ``221,'' after
``137,''.
(C) Subparagraph (A) of section 137(b)(3) of the 1986 Code
is amended by inserting ``221,'' before ``911,''.
(D) Clause (iii) of section 469(i)(3)(E) of the 1986 Code is
amended to read as follows:
``(iii) the amounts allowable as a deduction
under sections 219 and 221, and''.
(3) The last sentence of section 221(e)(1) of the 1986 Code
is amended by inserting before the period ``or to any person by
reason of a loan under any qualified employer plan (as
[[Page 112 STAT. 2681-909]]
defined in section 72(p)(4)) or under any contract referred to
in section 72(p)(5)''.
<<NOTE: 26 USC 1 note.>> (b) Provision Related to Section 311 of
1997 Act.--In the case of any capital gain distribution made after 1997
by a trust to which section 664 of the 1986 Code applies with respect to
amounts properly taken into account by such trust during 1997,
paragraphs (5)(A)(i)(I), (5)(A)(ii)(I), and (13)(A) of section 1(h) of
the 1986 Code (as in effect for taxable years ending on December 31,
1997) shall not apply.
(c) Amendment Related to Section 506 of 1997 Act.--Section
2001(f)(2) of the 1986 Code is amended by adding at the end the
following:
``For purposes of subparagraph (A), the value of an item shall
be treated as shown on a return if the item is disclosed in the
return, or in a statement attached to the return, in a manner
adequate to apprise the Secretary of the nature of such item.''.
(d) Amendments Related to Section 904 of 1997 Act.--
(1) Paragraph (1) of section 9510(c) of the 1986 Code is
amended to read as follows:
``(1) In general.--Amounts in the Vaccine Injury
Compensation Trust Fund shall be available, as provided in
appropriation Acts, only for--
``(A) the payment of compensation under subtitle 2
of title XXI of the Public Health Service Act (as in
effect on August 5, 1997) for vaccine-related injury or
death with respect to any vaccine--
``(i) which is administered after September
30, 1988, and
``(ii) which is a taxable vaccine (as defined
in section 4132(a)(1)) at the time compensation is
paid under such subtitle 2, or
``(B) the payment of all expenses of administration
(but not in excess of $9,500,000 for any fiscal year)
incurred by the Federal Government in administering such
subtitle.''.
(2) Section 9510(b) of the 1986 Code is amended by adding at
the end the following new paragraph:
``(3) Limitation on transfers to vaccine injury compensation
trust fund.--No amount may be appropriated to the Vaccine Injury
Compensation Trust Fund on and after the date of any expenditure
from the Trust Fund which is not permitted by this section. The
determination of whether an expenditure is so permitted shall be
made without regard to--
``(A) any provision of law which is not contained or
referenced in this title or in a revenue Act, and
``(B) whether such provision of law is a
subsequently enacted provision or directly or indirectly
seeks to waive the application of this paragraph.''.
(e) Amendments Related to Section 915 of 1997 Act.--
<<NOTE: 26 USC 7508A note.>> (1) Section 915(b) of the 1997
Act is amended by inserting ``or 1998'' after ``1997''.
(2) Paragraph (2) of section 6404(h) of the 1986 Code is
amended by inserting ``Robert T. Stafford'' before ``Disaster''.
(f) Amendments Related to Section 1012 of 1997 Act.--
[[Page 112 STAT. 2681-910]]
(1) Paragraph (2) of section 351(c) of the 1986 Code, as
amended by section 6010(c) of the 1998 Act, is amended by
inserting ``, or the fact that the corporation whose stock was
distributed issues additional stock,'' after ``dispose of part
or all of the distributed stock''.
(2) Clause (ii) of section 368(a)(2)(H) of the 1986 Code, as
amended by section 6010(c) of the 1998 Act, is amended by
inserting ``, or the fact that the corporation whose stock was
distributed issues additional stock,'' after ``dispose of part
or all of the distributed stock''.
<<NOTE: 26 USC 833 note.>> (g) Provision Related to Section 1042 of
1997 Act.--Rules similar to the rules of section 1.1502-75(d)(5) of the
Treasury Regulations shall apply with respect to any organization
described in section 1042(b) of the 1997 Act.
(h) Amendment Related to Section 1082 of 1997 Act.--Subparagraph (F)
of section 172(b)(1) of the 1986 Code is amended by adding at the end
the following new clause:
``(iv) Coordination with paragraph (2).--For
purposes of applying paragraph (2), an eligible
loss for any taxable year shall be treated in a
manner similar to the manner in which a specified
liability loss is treated.''
(i) Amendment Related to Section 1084 of 1997 Act.--Paragraph (3) of
section 264(f) of the 1986 Code is amended by adding at the end the
following flush sentence:
``If the amount described in subparagraph (A) with respect to
any policy or contract does not reasonably approximate its
actual value, the amount taken into account under subparagraph
(A) shall be the greater of the amount of the insurance company
liability or the insurance company reserve with respect to such
policy or contract (as determined for purposes of the annual
statement approved by the National Association of Insurance
Commissioners) or shall be such other amount as is determined by
the Secretary.''
(j) Amendment Related to Section 1175 of 1997 Act.--Subparagraph (C)
of section 954(e)(2) of the 1986 Code is amended by striking
``subsection (h)(8)'' and inserting ``subsection (h)(9)''.
(k) Amendment Related to Section 1205 of 1997 Act.--Paragraph (2) of
section 6311(d) of the 1986 Code is amended by striking ``under such
contracts'' in
the last sentence and inserting ``under any such contract for the use of
credit, debit, or charge cards for the payment of taxes imposed by
subtitle A''.
(l) Effective Date <<NOTE: 26 USC 86 note.>> .--The amendments made
by this section shall take effect as if included in the provisions of
the 1997 Act to which they relate.
SEC. 4004. AMENDMENTS RELATED TO TAX REFORM ACT OF 1984.
(a) In General.--Subparagraph (C) of section 172(d)(4) of the 1986
Code is amended to read as follows:
``(C) any deduction for casualty or theft losses
allowable under paragraph (2) or (3) of section 165(c)
shall be treated as attributable to the trade or
business; and''.
(b) Conforming Amendments.--
(1) Paragraph (3) of section 67(b) of the 1986 Code is
amended by striking ``for losses described in subsection (c)(3)
or (d) of section 165'' and inserting ``for casualty or theft
losses
[[Page 112 STAT. 2681-911]]
described in paragraph (2) or (3) of section 165(c) or for
losses described in section 165(d)''.
(2) Paragraph (3) of section 68(c) of the 1986 Code is
amended by striking ``for losses described in subsection (c)(3)
or (d) of section 165'' and inserting ``for casualty or theft
losses described in paragraph (2) or (3) of section 165(c) or
for losses described in section 165(d)''.
(3) Paragraph (1) of section 873(b) is amended to read as
follows:
``(1) Losses.--The deduction allowed by section 165 for
casualty or theft losses described in paragraph (2) or (3) of
section 165(c), but only if the loss is of property located
within the United States.''
<<NOTE: Applicability.>> (c) Effective Dates.--
<<NOTE: 26 USC 172 note.>> (1) The amendments made by
subsections (a) and (b)(3) shall apply to taxable years
beginning after December 31, 1983.
<<NOTE: 26 USC 67 note.>> (2) The amendment made by
subsection (b)(1) shall apply to taxable years beginning after
December 31, 1986.
<<NOTE: 26 USC 68 note.>> (3) The amendment made by
subsection (b)(2) shall apply to taxable years beginning after
December 31, 1990.
SEC. 4005. AMENDMENTS RELATED TO URUGUAY ROUND AGREEMENTS ACT.
(a) Inapplicability of Assignment Prohibition.--Section 207 of the
Social Security Act (42 U.S.C. 407) is amended by adding at the end the
following new subsection:
``(c) Nothing in this section shall be construed to prohibit
withholding taxes from any benefit under this title, if such withholding
is done pursuant to a request made in accordance with section 3402(p)(1)
of the Internal Revenue Code of 1986 by the person entitled to such
benefit or such person's representative payee.''.
(b) Proper Allocation of Costs of Withholding Between the Trust
Funds and the General Fund.--Section 201(g) of such Act (42 U.S.C.
401(g)) is amended--
(1) by inserting before the period in paragraph (1)(A)(ii)
the following: ``and the functions of the Social Security
Administration in connection with the withholding of taxes from
benefits, as described in section 207(c), pursuant to requests
by persons entitled to such benefits or such persons'
representative payee'';
(2) by inserting before the period at the end of paragraph
(1)(A) the following: ``and the functions of the Social Security
Administration in connection with the withholding of taxes from
benefits, as described in section 207(c), pursuant to requests
by persons entitled to such benefits or such persons'
representative payee'';
(3) in paragraph (1)(B)(i)(I), by striking ``subparagraph
(A)),'' and inserting ``subparagraph (A)) and the functions of
the Social Security Administration in connection with the
withholding of taxes from benefits, as described in section
207(c), pursuant to requests by persons entitled to such
benefits or such persons' representative payee,'';
(4) in paragraph (1)(C)(iii), by inserting before the period
the following: ``and the functions of the Social Security
Administration in connection with the withholding of taxes from
benefits, as described in section 207(c), pursuant to requests
by
[[Page 112 STAT. 2681-912]]
persons entitled to such benefits or such persons'
representative payee'';
(5) in paragraph (1)(D), by inserting after ``section 232''
the following: ``and the functions of the Social Security
Administration in connection with the withholding of taxes from
benefits as described in section 207(c)''; and
(6) in paragraph (4), by inserting after the first sentence
the following: ``The Board of Trustees of such Trust Funds shall
prescribe the method of determining the costs which should be
borne by the general fund in the Treasury of carrying out the
functions of the Social Security Administration in connection
with the withholding of taxes from benefits, as described in
section 207(c), pursuant to requests by persons entitled to such
benefits or such persons' representative payee.''.
(c) Effective Date.-- <<NOTE: 42 USC 401 note.>> The amendments made
by subsection (b) shall apply to benefits paid on or after the first day
of the second month beginning after the month in which this Act is
enacted.
SEC. 4006. OTHER AMENDMENTS.
(a) Amendments Related to Section 6103 of 1986 Code.--
(1) Subsection (j) of section 6103 of the 1986 Code is
amended by adding at the end the following new paragraph:
``(5) Department of agriculture.--Upon request in writing by
the Secretary of Agriculture, the Secretary shall furnish such
returns, or return information reflected thereon, as the
Secretary may prescribe by regulation to officers and employees
of the Department of Agriculture whose official duties require
access to such returns or information for the purpose of, but
only to the extent necessary in, structuring, preparing, and
conducting the census of agriculture pursuant to the Census of
Agriculture Act of 1997 (Public Law 105-113).''.
(2) Paragraph (4) of section 6103(p) of the 1986 Code is
amended by striking ``(j)(1) or (2)'' in the material preceding
subparagraph (A) and in subparagraph (F) and inserting ``(j)(1),
(2), or (5)''.
<<NOTE: Applicability. 26 USC 6103 note.>> (3) The
amendments made by this subsection shall apply to requests made
on or after the date of the enactment of this Act.
(b) Amendment Related to Section 9004 of Transportation Equity Act
for the 21st Century.--
(1) Paragraph (2) of section 9503(f) of the 1986 Code is
amended to read as follows:
``(2) notwithstanding section 9602(b), obligations held by
such Fund after September 30, 1998, shall be obligations of the
United States which are not interest-bearing.''
(2) <<NOTE: Effective date. 26 USC 9503 note.>> The
amendment made by paragraph (1) shall take effect on October 1,
1998.
(c) Clerical Amendments.--
(1) Clause (i) of section 51(d)(6)(B) of the 1986 Code is
amended by striking ``rehabilitation plan'' and inserting ``plan
for employment''. The <<NOTE: 26 USC 51 note.>> reference to
``plan for employment'' in such clause shall be treated as
including a reference to the rehabilitation plan referred to in
such clause as in effect before the amendment made by the
preceding sentence.
(2) Paragraph (3) of section 56(a) of the 1986 Code is
amended by striking ``section 460(b)(2)'' and inserting
``section
[[Page 112 STAT. 2681-913]]
460(b)(1)'' and by striking ``section 460(b)(4)'' and inserting
``section 460(b)(3)''.
(3) Paragraph (10) of section 2031(c) of the 1986 Code is
amended by striking ``section 2033A(e)(3)'' and inserting
``section 2057(e)(3)''.
(4) Subparagraphs (C) and (D) of section 6693(a)(2) of the
1986 Code are each amended by striking ``Section'' and inserting
``section''.
TITLE V--MEDICARE-RELATED PROVISIONS
Subtitle A--Home Health
SEC. 5101. INCREASE IN PER BENEFICIARY LIMITS AND PER VISIT PAYMENT
LIMITS FOR PAYMENT FOR HOME HEALTH SERVICES.
(a) Increase in Per Beneficiary Limits.--Section 1861(v)(1)(L) of
the Social Security Act (42 U.S.C. 1395x(v)(1)(L)) is amended--
(1) in the first sentence of clause (v), by inserting
``subject to clause (viii)(I),'' before ``the Secretary'';
(2) in clause (vi)(I), by inserting ``subject to clauses
(viii)(II) and (viii)(III)'' after ``fiscal year 1994''; and
(3) by adding at the end the following new clause:
``(viii)(I) In the case of a provider with a 12-month cost reporting
period ending in fiscal year 1994, if the limit imposed under clause (v)
(determined without regard to this subclause) for a cost reporting
period beginning during or after fiscal year 1999 is less than the
median described in clause (vi)(I) (but determined as if any reference
in clause (v) to `98 percent' were a reference to `100 percent'), the
limit otherwise imposed under clause (v) for such provider and period
shall be increased by \1/3\ of such difference.
``(II) Subject to subclause (IV), for new providers and those
providers without a 12-month cost reporting period ending in fiscal year
1994, but for which the first cost reporting period begins before fiscal
year 1999, for cost reporting periods beginning during or after fiscal
year 1999, the per beneficiary limitation described in clause (vi)(I)
shall be equal to the median described in such clause (determined as if
any reference in clause (v) to `98 percent' were a reference to `100
percent').
``(III) Subject to subclause (IV), in the case of a new provider for
which the first cost reporting period begins during or after fiscal year
1999, the limitation applied under clause (vi)(I) (but only with respect
to such provider) shall be equal to 75 percent of the median described
in clause (vi)(I).
``(IV) In the case of a new provider or a provider without a 12-
month cost reporting period ending in fiscal year 1994, subclause (II)
shall apply, instead of subclause (III), to a home health agency which
filed an application for home health agency provider status under this
title before September 15, 1998, or which was approved as a branch of
its parent agency before such date and becomes a subunit of the parent
agency or a separate agency on or after such date.
``(V) Each of the amounts specified in subclauses (I) through (III)
are such amounts as adjusted under clause (iii) to reflect variations in
wages among different areas.''.
[[Page 112 STAT. 2681-914]]
(b) Revision of Per Visit Limits.--Section 1861(v)(1)(L)(i) of such
Act (42 U.S.C. 1395x(v)(1)(L)(i)) is amended--
(1) in subclause (III), by striking ``or'';
(2) in subclause (IV)--
(A) by inserting ``and before October 1, 1998,''
after ``October 1, 1997,''; and
(B) by striking the period at the end and inserting
``, or''; and
(3) by adding at the end the following new subclause:
``(V) October 1, 1998, 106 percent of such median.''.
(c) One-Year Delay in 15 Percent Reduction in Payment Limits; Change
in Timing of Implementation of Prospective Payment System.--
(1) Prospective payment system.--Section 1895 of such Act
(42 U.S.C. 1395fff) is amended--
(A) in subsection (a), by striking ``for cost
reporting periods beginning on or after October 1,
1999'' and inserting ``for portions of cost reporting
periods occurring on or after October 1, 2000''; and
(B) in subsection (b)(3)--
(i) in subparagraph (A)(i), by striking
``fiscal year 2000'' and inserting ``fiscal year
2001'';
(ii) in subparagraph (A)(ii), by striking
``September 30, 1999'' and inserting ``September
30, 2000''; and
(iii) in subparagraph (B)(i), by striking
``fiscal year 2001'' and inserting ``fiscal year
2002''.
(2) Change in effective date.--Section 4603(d) of the
Balanced Budget Act of 1997 (42 U.S.C. 1395fff note) is amended
by striking ``cost reporting periods beginning on or after
October 1, 1999'' and inserting ``portions of cost reporting
periods occurring on or after October 1, 2000''.
(3) Contingency reduction.--Section 4603(e) of the Balanced
Budget Act of 1997 (42 U.S.C. 1395fff note) is amended--
(A) by striking ``cost reporting periods described
in subsection (d), for such cost reporting periods'' and
inserting ``portions of cost reporting periods described
in subsection (d), for such portions''; and
(B) by striking ``September 30, 1999'' and inserting
``September 30, 2000''.
(d) Change in Home Health Market Basket Increase.--
(1) Interim payment system.--Section 1861(v)(1)(L) of the
Social Security Act (42 U.S.C. 1395x(v)(1)(L)), as amended by
subsection (a)(3), is amended by adding at the end the
following:
``(ix) Notwithstanding any other provision of this subparagraph, in
updating any limit under this subparagraph by a home health market
basket index for cost reporting periods beginning during each of fiscal
years 2000, 2001, 2002, and 2003, the update otherwise provided shall be
reduced by 1.1 percentage points.''.
(2) Prospective payment system.--Section 1895(b)(3)(B) of
such Act (42 U.S.C. 1395fff(b)(3)(B)) is amended--
(A) in clause (i), by striking ``home health market
basket percentage increase'' and inserting ``home health
applicable increase percentage (as defined in clause
(ii))'';
(B) by redesignating clause (ii) as clause (iii);
and
(C) by inserting after clause (i) the following:
``(ii) Home health applicable increase
percentage.--For purposes of this subparagraph,
the term
[[Page 112 STAT. 2681-915]]
`home health applicable increase percentage'
means, with respect to--
``(I) fiscal year 2002 or 2003, the
home health market basket percentage
increase (as defined in clause (iii))
minus 1.1 percentage points; or
``(II) any subsequent fiscal year,
the home health market basket percentage
increase.''.
(e) Exclusion of Additional Part B Costs From Determination of Part
B Monthly Premium.--Section 1839 of such Act (42 U.S.C. 1395r) is
amended--
(1) in subsection (a)(3), by inserting ``(except as provided
in subsection (g))'' after ``year that''; and
(2) by adding at the end the following new subsection:
``(g) In estimating the benefits and administrative costs which will
be payable from the Federal Supplementary Medical Insurance Trust Fund
for a year for purposes of determining the monthly premium rate under
subsection (a)(3), the Secretary shall exclude an estimate of any
benefits and administrative costs attributable to the application of
section 1861(v)(1)(L)(viii) or to the establishment under section
1861(v)(1)(L)(i)(V) of a per visit limit at 106 percent of the median
(instead of 105 percent of the median), but only to the extent payment
for home health services under this title is not being made under
section 1895 (relating to prospective payment for home health
services).''.
(f) Reports on Summary of Research Conducted by the Secretary on the
Prospective Payment System.--By not later than January 1, 1999, the
Secretary of Health and Human Services shall submit to Congress a report
on the following matters:
(1) Research.--A description of any research paid for by the
Secretary on the development of a prospective payment system for
home health services furnished under the medicare program under
title XVIII of the Social Security Act, and a summary of the
results of such research.
(2) Schedule for implementation of system.--The Secretary's
schedule for the implementation of the prospective payment
system for home health services under section 1895 of the Social
Security Act (42 U.S.C. 1395fff).
(g) MedPAC Reports.--
(1) Review of secretary's report.--Not later than 60 days
after the date the Secretary of Health and Human Services
submits to Congress the report under subsection (f), the
Medicare Payment Advisory Commission (established under section
1805 of the Social Security Act (42 U.S.C. 1395b-6)) shall
submit to Congress a report describing the Commission's analysis
of the Secretary's report, and shall include the Commission's
recommendations with respect to the matters contained in such
report.
(2) Annual report.--The Commission shall include in its
annual report to Congress for June 1999 an analysis of whether
changes in law made by the Balanced Budget Act of 1997, as
modified by the amendments made by this section, with respect to
payments for home health services furnished under the medicare
program under title XVIII of the Social Security Act, impede
access to such services by individuals entitled to benefits
under such program.
(h) GAO Audit of Research Expenditures.--The Comptroller General of
the United States shall conduct an audit of sums
[[Page 112 STAT. 2681-916]]
obligated or expended by the Health Care Financing Administration for
the research described in subsection (f)(1), and of the data, reports,
proposals, or other information provided by such research.
(i) <<NOTE: 42 USC 1395x note.>> Prompt Implementation.--
(1) In general.--The Secretary of Health and Human Services
shall promptly issue (without regard to chapter 8 of title 5,
United States Code) such regulations or program memoranda as may
be necessary to effect the amendments made by this section for
cost reporting periods beginning during fiscal year 1999.
(2) Use of payment amounts and limits from published
tables.--
(A) Per beneficiary limits.--In effecting the
amendments made by subsection (a) for cost reporting
periods beginning in fiscal year 1999, the ``median''
referred to in section 1861(v)(1)(L)(vi)(I) of the
Social Security Act for such periods shall be the
national standardized per beneficiary limitation
specified in Table 3C published in the Federal Register
on August 11, 1998 (63 FR 42926) and the ``standardized
regional average of such costs'' referred to in section
1861(v)(1)(L)(v)(I) of such Act for a census division
shall be the sum of the labor and nonlabor components of
the standardized per beneficiary limitation for that
census division specified in Table 3B published in the
Federal Register on that date (63 FR 42926) (or in Table
3D as so published with respect to Puerto Rico and
Guam), and adjusted to reflect variations in wages among
different geographic areas as specified in Tables 4a and
4b published in the Federal Register on that date (63 FR
42926-42933).
(B) Per visit limits.--In effecting the amendments
made by subsection (b) for cost reporting periods
beginning in fiscal year 1999, the limits determined
under section 1861(v)(1)(L)(i)(V) of such Act for cost
reporting periods beginning during such fiscal year
shall be equal to the per visit limits as specified in
Table 3A published in the Federal Register on August 11,
1998 (63 FR 42925) and as subsequently corrected,
multiplied by \106/105\, and adjusted to reflect
variations in wages among different geographic areas as
specified in Tables 4a and 4b published in the Federal
Register on August 11, 1998 (63 FR 42926-42933).
Subtitle B--Other Medicare-Related Provisions
SEC. 5201. AUTHORIZATION OF ADDITIONAL EXCEPTIONS TO IMPOSITION OF
PENALTIES FOR PROVIDING INDUCEMENTS TO BENEFICIARIES.
(a) In General.--Subparagraph (B) of section 1128A(i)(6) of the
Social Security Act (42 U.S.C. 1320a-7a(i)(6)) is amended to read as
follows:
``(B) subject to subsection (n), any permissible
practice described in any subparagraph of section
1128B(b)(3) or in regulations issued by the
Secretary;''.
(b) Special Provisions Concerning a Safe Harbor for Payment of
Medigap Premiums of ESRD Beneficiaries.--
[[Page 112 STAT. 2681-917]]
(1) 2-year limitation.--Section 1128A of such Act (42 U.S.C.
1320a-7a) is amended by adding at the end the following:
``(n)(1) Subparagraph (B) of subsection (i)(6) shall not apply to a
practice described in paragraph (2) unless--
``(A) the Secretary, through the Inspector General of the
Department of Health and Human Services, promulgates a rule
authorizing such a practice as an exception to remuneration; and
``(B) the remuneration is offered or transferred by a person
under such rule during the 2-year period beginning on the date
the rule is first promulgated.
``(2) A practice described in this paragraph is a practice under
which a health care provider or facility pays, in whole or in part,
premiums for medicare supplemental policies for individuals entitled to
benefits under part A of title XVIII pursuant to section 226A.''.
<<NOTE: 42 USC 1320a-7a note.>> (2) GAO study and report on
impact of safe harbor on medigap policies.--If a permissible
practice is promulgated under section 1128A(n)(1)(A) of the
Social Security Act (as added by paragraph (1)), the Comptroller
General of the United States shall conduct a study that compares
any disproportionate impact on specific issuers of medicare
supplemental policies (including the impact on premiums for non-
ESRD medicare beneficiaries enrolled in such policies) due to
adverse selection in enrolling medicare ESRD beneficiaries
before the enactment of the Health Insurance Portability and
Accountability Act of 1996 and 1 year after the date of
promulgation of such permissible practice under section
1128A(n)(1)(A) of the Social Security Act. Not later than 18
months after the date of promulgation of such practice, the
Comptroller General shall submit a report to Congress on such
study and shall include in the report recommendations concerning
whether the time limitation imposed under section 1128A(n)(1)(B)
of such Act should be extended.
(c) Extension of Advisory Opinion Authority.--Section 1128D(b)(2)(A)
of such Act (42 U.S.C. 1320a-7d(b)(2)(A)) is amended by inserting ``or
section 1128A(i)(6)'' after ``1128B(b)''.
(d) <<NOTE: 42 USC 1320a-7a note.>> Effective Date.--The amendments
made by this section shall take effect on the date of the enactment of
this Act.
(e) Interim <<NOTE: 42 USC 1320a-7a note.>> Final Rulemaking
Authority.--The Secretary of Health and Human Services may promulgate
regulations that take effect on an interim basis, after notice and
pending opportunity for public comment, in order to implement the
amendments made by this section in a timely manner.
SEC. 5202. EXPANSION OF MEMBERSHIP OF MEDPAC TO 17.
(a) In General.--Section 1805(c)(1) of the Social Security Act (42
U.S.C. 1395b-6(c)(1)), as added by section 4022 of the Balanced Budget
Act of 1997, is amended by striking ``15'' and inserting ``17''.
<<NOTE: 42 USC 1395b-6 note.>> (b) Initial Terms of Additional
Members.--
(1) In general.--For purposes of staggering the initial
terms of members of the Medicare Payment Advisory Commission
(under section 1805(c)(3) of such Act (42 U.S.C. 1395b-6(c)(3)),
the initial terms of the two additional members of
[[Page 112 STAT. 2681-918]]
the Commission provided for by the amendment under subsection
(a) are as follows:
(A) One member shall be appointed for one year.
(B) One member shall be appointed for two years.
(2) Commencement of terms.--Such terms shall begin on May 1,
1999.
Subtitle C--Revenue Offsets
SEC. 5301. TAX TREATMENT OF CASH OPTION FOR QUALIFIED PRIZES.
(a) In General.--Section 451 (relating to taxable year for which
items of gross income included) is amended by adding at the end the
following new subsection:
``(h) Special Rule for Cash Options For Receipt of Qualified
Prizes.--
``(1) In general.--For purposes of this title, in the case
of an individual on the cash receipts and disbursements method
of accounting, a qualified prize option shall be disregarded in
determining the taxable year for which any portion of the
qualified
prize is properly includible in gross income of the taxpayer.
``(2) Qualified prize option; qualified prize.--For purposes
of this subsection--
``(A) In general.--The term `qualified prize option'
means an option which--
``(i) entitles an individual to receive a
single cash payment in lieu of receiving a
qualified prize (or remaining portion thereof),
and
``(ii) is exercisable not later than 60 days
after such individual becomes entitled to the
qualified prize.
``(B) Qualified prize.--The term `qualified prize'
means any prize or award which--
``(i) is awarded as a part of a contest,
lottery, jackpot, game, or other similar
arrangement,
``(ii) does not relate to any past services
performed by the recipient and does not require
the recipient to perform any substantial future
service, and
``(iii) is payable over a period of at least
10 years.
``(3) Partnership, etc.--The Secretary shall provide for the
application of this subsection in the case of a partnership or
other pass-through entity consisting entirely of individuals
described in paragraph (1).''
<<NOTE: Applicability. 26 USC 451 note.>> (b) Effective Date.--
(1) In general.--The amendment made by this section shall
apply to any prize to which a person first becomes entitled
after the date of enactment of this Act.
(2) Transition rule.--The amendment made by this section
shall apply to any prize to which a person first becomes
entitled on or before the date of enactment of this Act, except
that in determining whether an option is a qualified prize
option as defined in section 451(h)(2)(A) of the Internal
Revenue Code of 1986 (as added by such amendment)--
(A) clause (ii) of such section 451(h)(2)(A) shall
not apply, and
(B) such option shall be treated as a qualified
prize option if it is exercisable only during all or
part of the 18-month period beginning on July 1, 1999.
[[Page 112 STAT. 2681-919]]
DIVISION K--PAY-AS-YOU-GO PROVISION
Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines set
forth in the Joint Explanatory Statement of the Committee of Conference
accompanying Conference Report No. 105-217, legislation in section 103
of Division A and in divisions C through J of this Act that would have
been estimated by the Office of Management and Budget as changing direct
spending or receipts under section 252 of the Balanced Budget and
Emergency Deficit Control Act of 1985 were it included in an Act other
than an appropriation Act shall be treated as direct spending or
receipts legislation, as appropriate, under section 252 of the Balanced
Budget and Emergency Deficit Control Act of 1985.
This Act may be cited as the ``Omnibus Consolidated and Emergency
Supplemental Appropriations Act, 1999''.
Approved October 21, 1998.
LEGISLATIVE HISTORY--H.R. 4328 (S. 2307):
---------------------------------------------------------------------------
HOUSE REPORTS: No. 105-648 (Comm. on Appropriations) and 105-825 (Comm.
of Conference).
SENATE REPORTS: No. 105-249 accompanying S. 2307 (Comm. on
Appropriations).
CONGRESSIONAL RECORD, Vol. 144 (1998):
July 29, considered and passed House.
July 30, considered and passed Senate, amended, in lieu of
S. 2307.
Oct. 20, House agreed to conference report.
Oct. 21, Senate agreed to conference report.
<all>