[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3989 Introduced in House (IH)]

  2d Session
                                H. R. 3989

To provide for the enactment of user fees proposed by the President in 
his budget submission under section 1105(a) of title 31, United States 
                      Code, for fiscal year 1999.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 3, 1998

 Mr. Solomon introduced the following bill; which was referred to the 
   Committee on Ways and Means, and in addition to the Committees on 
  Commerce, Agriculture, Resources, the Judiciary, Transportation and 
   Infrastructure, Banking and Financial Services, and International 
 Relations, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To provide for the enactment of user fees proposed by the President in 
his budget submission under section 1105(a) of title 31, United States 
                      Code, for fiscal year 1999.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``User Fee Act of 1998''.

               TITLE I--FOOD AND DRUG ADMINISTRATION FEES

SEC. 101. REFERENCES IN THIS TITLE.

    Whenever in this title an amendment or repeal is expressed in terms 
of an amendment to, a repeal of, a section or other provision, the 
reference shall be considered to be made to a section or other 
provision of the Federal Food, Drug, and Cosmetic Act.

                           PART A--USER FEES

SEC. 111. FEES RELATED TO FOOD ADDITIVE PETITIONS.

    (a) Types of Fees.--Beginning in fiscal year 1999, the Secretary of 
Health and Human Services (referred to in this title as the 
``Secretary'') shall establish, in accordance with section 121, fees to 
cover activities of the Food and Drug Administration in connection 
with--
            (1) petitions for food additives submitted pursuant to 
        section 409(b) (21 U.S.C. 438(b));
            (2) notifications to the Secretary for food contact 
        substances submitted pursuant to section 409(h) (21 U.S.C. 
        438(h));
            (3) petitions for color additives submitted pursuant to 
        section 721 (21 U.S.C. 379e);
            (4) petitions, submitted pursuant to sections 201(s), and 
        701(a) (21 U.S.C. 321(s), 371(a)) and regulations thereunder, 
        for affirmation that a substance that becomes, or may 
        reasonably be expected to become, a component of food is 
        generally recognized as safe; and
            (5) notifications to the Secretary, submitted pursuant to 
        sections 201(s) and 701(a) and regulations thereunder asserting 
        that a substance that becomes, or may reasonably be expected to 
        become, a component of food is generally recognized as safe.
The fees shall be payable at the time the petition or notification is 
submitted to the Secretary.
    (b) Fee Amounts and Availability.--Subject to section 121(a)(1)(A), 
fees for the activities specified in subsection (a) shall be set for 
each fiscal year at amounts that the Secretary reasonably estimates to 
be sufficient to generate revenues totaling $10,335,000 for each of 
fiscal years 1999 through 2003, and shall remain available until 
expended, to the extent provided in appropriations Acts, for the costs 
of carrying out such activities.

SEC. 112. FEES RELATED TO GENERIC DRUGS.

    (a) Types of Fees.--Beginning in fiscal year 1999, the Secretary 
shall establish, in accordance with section 121, fees to cover 
activities of the Food and Drug Administration in connection with 
applications for approval for new drugs submitted pursuant to section 
505(j) (21 U.S.C. 355). The fees shall be payable at the time the 
application for approval is submitted to the Secretary.
    (b) Fee Amounts and Availability.--Subject to section 121(a)(1)(A), 
fees for the activities specified in subsection (a) shall be set for 
each fiscal year at amounts that the Secretary reasonably estimates to 
be sufficient to generate revenues totaling $12,377,000 for each of 
fiscal years 1999 through 2003, and shall remain available until 
expended, to the extent provided in appropriations Acts, for the costs 
of carrying out such activities.

SEC. 113. FEES RELATED TO ANIMAL DRUGS.

    (a) Types of Fees.--Beginning in fiscal year 1999, the Secretary 
shall establish, in accordance with section 121, fees to cover 
activities of the Food and Drug Administration in connection with--
            (1) applications, including supplements, for new animal 
        drugs submitted pursuant to section 512(b)(1) (21 U.S.C. 
        360b(b)(1), including application and other submissions for 
        import tolerances, as described in section 512(a)(6) (21 U.S.C. 
        360b(a)(b));
            (2) abbreviated applications, including supplements, for 
        new animal drugs submitted pursuant to section 512(b)(2) (21 
        U.S.C. 360b(b)(2)); and
            (3) applications for licenses to manufacture animal feeds 
        bearing or containing new animal drugs, submitted pursuant to 
        section 512(m) (21 U.S.C. 360b(m)).
The fees shall be payable at the time the application for approval is 
submitted to the Secretary.
    (b) Fee Amounts and Availability.--Subject to section 121(a)(1)(A), 
fees for the activities specified in subsection (a) shall be set for 
each fiscal year at amounts that the Secretary reasonably estimates to 
be sufficient to generate revenues totaling $10,100,000 for each of 
fiscal years 1999 through 2003, and shall remain available until 
expended, to the extent provided in appropriations Acts, for the costs 
of carrying out such activities.

SEC. 114. FEES RELATED TO MEDICAL DEVICES.

    (a) Types of Fees.--Beginning in fiscal year 1999, the Secretary 
shall establish, in accordance with section 121, fees to cover 
activities of the Food and Drug Administration in connection with 
applications for--
            (1) premarket approval of devices (including proposed 
        product development protocols) submitted under section 515 (21 
        U.S.C. 360e);
            (2) supplements to approved premarket approval applications 
        for which clinical data are required;
            (3) supplements to approved premarket approval applications 
        for which clinical data are not required; and
            (4) device premarket notification submissions under section 
        510(k) (21 U.S.C. 360(k)).
The fees shall be payable at the time the application is submitted to 
the Secretary.
    (b) Fee Amounts.--The fees required under subsection (a) shall be 
as follows:
            (1) $175,000 for applications described in subsection 
        (a)(1).
            (2) $100,000 for supplements described in subsection 
        (a)(2).
            (3) $6,000 for supplements described in subsection (a)(3).
            (4) $4,500 for submissions described in subsection (a)(4).
    (c) Fee Amounts and Availability.--Subject to section 121(a)(1)(A), 
fees for the activities specified in subsection (a) shall be set each 
fiscal year in accordance with section 121 to amounts that the 
Secretary reasonably estimates to be sufficient to generate revenues 
totaling $25,000,000 for each of fiscal years 1999 through 2003, and 
shall remain available until expended, to the extent provided in 
appropriations Acts, for the costs of carrying out such activities.

SEC. 115. FEES RELATED TO IMPORT INSPECTIONS AND EXPORT CERTIFICATES.

    (a) Types of Fees.--Beginning in fiscal year 1999, the Secretary 
shall establish, in accordance with section 121, fees to cover 
activities of the Food and Drug Administration in connection with the 
review of imported human and animal drugs, medical devices, and food 
subject to regulation under the Federal Food, Drug, and Cosmetic Act 
(including activities relating to admission or detention of, refusal of 
entry to, and the issuance of export certificates for such items). The 
fees shall be payable at the time of each import entry or request for 
export certificates for shipment of the item.
    (b) Fee Amounts and Availability.--Subject to section 121(a)(1)(A), 
fees for the activities specified in subsection (a) shall be set for 
each fiscal year at amounts that the Secretary reasonably estimates to 
be sufficient to generate revenues totaling $12,000,000 for each of 
fiscal years 1999 through 2003, and shall remain available until 
expended, to the extent provided in appropriations Acts, for the costs 
of carrying out such activities.
    (c) Collections.--The fees authorized by this section shall be 
collected on behalf of the Secretary by the United States Customs 
Service.

SEC. 116. FEES RELATED TO ENTITIES UNDER FDA'S OVERSIGHT.

    (a) Types of Fees.--Beginning in fiscal year 1999, the Secretary 
shall establish, in accordance with section 121, fees to cover 
activities of the Food and Drug Administration in connection with 
regulatory activities with respect to regulated products approved for 
marketing. The Secretary shall assess fees for monitoring 
establishments that are subject to regulation (including inspections 
conducted pursuant to section 704 (21 U.S.C. 374), and other regulatory 
activities), as follows:
            (1) Food establishments.--An establishment subject to 
        inspection under section 704 (21 U.S.C. 374) because it 
        manufactures, processes, packs, or holds food for (or after) 
        shipment in interstate commerce, is subject to assessment of 
        annual fees under this section. The Secretary may impose an 
        annual registration requirement on such an establishment to 
        facilitate assessment and collection of the fees.
            (2) Drug and device establishments.--An establishment 
        subject to the annual registration requirement under section 
        510 (21 U.S.C. 360) (with respect to products other than those 
        for which such an establishment is subject to section 736 (21 
        U.S.C. 379h) is subject to assessment of annual fees under this 
        section at the time of registration.
            (3) Cosmetic establishments.--An establishment subject to 
        inspection under section 704 (21 U.S.C. 374) because it 
        manufactures, processes, packs, or holds cosmetics for (or 
        after) shipment in interstate commerce is subject to assessment 
        of annual fees under this section. The Secretary may impose an 
        annual registration requirement on such an establishment to 
        facilitate assessment and collection of the fees.
This section does not affect any other statutory or regulatory 
requirements imposed on these entities.
    (b) Fee Amounts and Availability.--Subject to section 121(a)(1)(A), 
fees for the activities specified in subsection (a) shall be set for 
each fiscal year at amounts that the Secretary reasonably estimates to 
be sufficient to generate revenues totaling $57,905,000 for each of 
fiscal years 1999 through 2003, and shall remain available until 
expended, to the extent provided in appropriations Acts, for the costs 
of carrying out such activities.

                       PART B--GENERAL PROVISIONS

SEC. 121. GENERAL PROVISIONS RELATED TO USER FEES.

    (a) Assessment of Fees.--
            (1) Fee amounts.--
                    (A) Collections subject to appropriations.--The 
                fees authorized by this Act shall be collected in each 
                fiscal year as provided in appropriation Acts for such 
                fiscal year.
                    (B) Relation to costs.--Fees assessed and collected 
                under part A shall not exceed amounts which the 
                Secretary estimates to be sufficient to cover costs of 
                the Food and Drug Administration associated with the 
                activities for which the fees are collected (including 
                costs of assessments and collection of the fees).
                    (C) Variation factors.--The amount of fees 
                established may vary to reflect the cost of those 
                activities with respect to different entities or groups 
                of entities, including the type and size of entity, 
                volume of business, and other factors the Secretary may 
                find appropriate.
            (2) Fee determination and publication.--The Secretary shall 
        annually establish fee amounts under part A, and shall publish 
        schedules of such fees in the Federal Register as an interim 
        final rule. The establishment and publication of such fees 
        shall be solely in the discretion of the Secretary and shall 
        not be subject to the requirements of sections 553 and 801 of 
        title 5 of the United States Code and shall not be reviewable.
            (3) Reduction or waiver of fees.--The Secretary may provide 
        for reduction or waiver of the fees under part A in exceptional 
        circumstances in the public interest.
    (b) Crediting and Availability of Fees.--
            (1) In general.--Fees collected pursuant to part A shall be 
        credited to a special fund in the Treasury for user fees 
        collected by the Food and Drug Administration. The fees shall 
        be available in the amounts specified in appropriations Acts, 
        for salaries and expenses necessary to carry out the 
        responsibilities of the Food and Drug Administration in 
        connection with the activities for which such fees were 
        collected, including the conduct of scientific research, 
        development of methods of analysis, purchase of chemicals, 
        fixtures, furniture, and scientific equipment and apparatus, 
        development and acquisition of information technology and 
        information management systems, acquisition, maintenance, and 
        repair of real property, and expenses of advisory committees.
            (2) Fees available only for the category of activity for 
        which assessed.--Fees collected for each category of activities 
        specified in part A shall be separately accounted for, and 
        shall be used only to finance the costs related to carrying out 
        responsibilities in connection with the same category of 
        activities for which the fees were collected.
    (c) Collection of Unpaid Fees.--If the Secretary does not receive 
payment of a fee assessed under subsection (a) within 30 days after it 
is due, that fee shall be treated as a claim of the United States 
Government subject to the provisions of subchapter II of chapter 37 of 
title 31 of the United States Code.

SEC. 122. AGENCY PLAN AND ANNUAL REPORTING REQUIREMENTS.

    The agency plan for the Food and Drug Administration required under 
section 903(f) (21 U.S.C. 393(f)) shall include objectives with respect 
to the assessment, collection, and use of the fees authorized under 
part A, and the annual report required by section 903(g) (21 U.S.C. 
(g)) shall describe the performance of the Secretary with respect to 
such objectives.

                TITLE II----MEDICARE ADMINISTRATIVE FEES

SEC. 201. COLLECTION OF FEES FROM MEDICARE+CHOICE ORGANIZATIONS FOR 
              CONTRACT INITIATION AND RENEWAL.

    Section 1857 of the Social Security Act (42 U.S.C. 1395w-27) is 
amended by adding after subsection (h) the following new subsection:
    ``(i) Fees for Contract Issuance and Renewal and Ongoing 
Monitoring.--
            ``(1) Authority to impose fees.--The Secretary shall 
        impose, to the extent provided in appropriation Acts--
                    ``(A) fees for initial Medicare+Choice contracts 
                under this part; and
                    ``(B) annual fees for renewal of such contracts and 
                monitoring of the ongoing operations of Medicare+Choice 
                organizations.
            ``(2) Assessment of fees.--
                    ``(A) Types of fees.--
                            ``(i) Initiation fees.--Fee amounts 
                        assessed against a member of a class of 
                        organizations pursuant to paragraph (1)(A) 
                        shall not exceed the Secretary's reasonable 
                        estimate of the average cost of initiating a 
                        Medicare+Choice contract for an organization in 
                        such class.
                            ``(ii) Renewal and monitoring fees.--Fee 
                        amounts assessed pursuant to paragraph (1)(B) 
                        against members of a class of organizations 
                        shall not exceed the amount which the Secretary 
                        reasonably estimates will generate total 
                        revenues sufficient to cover total annual costs 
                        for renewing contracts and performing ongoing 
                        monitoring with respect to such class.
                    ``(B) Fee determination and publication.--
                            ``(i) In general.--The Secretary shall 
                        annually establish fee amounts under this 
                        subsection, and shall annually publish 
                        schedules of such fees in the Federal Register. 
                        The establishment and publication of such fees 
                        shall be solely in the discretion of the 
                        Secretary and shall not be subject to the 
                        requirements of sections 553 and 801 of title 
                        5, United States Code, and shall not be 
                        reviewable. Previously published fee schedules 
                        shall remain in effect until new schedules are 
                        effective.
                            ``(ii) Reduction or waiver of fees.--The 
                        Secretary may provide for reduction or waiver 
                        of the fees under this subsection in 
                        exceptional circumstances in the public 
                        interest.
            ``(3) Collection and crediting of fees.--
                    ``(A) Initial fees.--Fees assessed against an 
                organization pursuant to paragraph (1)(A) shall be 
                payable upon submission of the application to 
                participate in the program under this title as a 
                Medicare+Choice organization (and shall apply whether 
                or not the Secretary approves such application) and 
                shall be credited to the Health Care Financing 
                Administration Program Management Account.
                    ``(B) Renewal and monitoring fees.--Fees assessed 
                against an organization pursuant to paragraph (1)(B) 
                shall be payable annually and may be deducted from 
                amounts otherwise payable from a Trust Fund under this 
                title to such organization. Such fees shall be credited 
                to the Health Care Financing Administration Program 
                Management Account.
                    ``(C) Offset.--Any amount of fees collected in a 
                fiscal year under this subsection that exceeds the 
                amount of such fees available for expenditure in such 
                fiscal year, as specified in appropriation Acts, shall 
                be credited to the Health Care Financing Administration 
                Program Management Account, and shall be available for 
                obligation in subsequent fiscal years to the extent 
                provided in subsequent appropriations Acts.
            ``(4) Availability of fees.--Fees collected pursuant to 
        this subsection shall remain available until expended, in the 
        amounts provided in appropriation Acts, for the costs of the 
        activities for which they were assessed.''.

SEC. 202. FEES FOR SURVEY AND CERTIFICATION.

    Section 1864(e) of the Social Security Act (42 U.S.C. 1395aa(e)) is 
amended to read as follows:
    ``(e) Fees for Conducting Certification Surveys.--
            ``(1) Authority to impose fees.--Except as provided in 
        paragraph (6), to the extent provided in appropriation Acts, 
        the Secretary shall impose, or require States as a condition of 
        agreements under this section to impose--
                    ``(A) fees for surveys for the purpose of making 
                initial determinations as to whether entities meet 
                requirements under this title; and
                    ``(B) annual fees to cover the costs of periodic 
                surveys to determine whether entities participating in 
                the program under this title continue to meet such 
                requirements.
            ``(2) Assessment of fees.--
                    ``(A) Types of fees.--
                            ``(i) Fees for initial surveys.--Fee 
                        amounts assessed pursuant to paragraph (1)(A) 
                        against an entity in a class and State shall 
                        not exceed the estimated average cost of an 
                        initial survey and determination for an entity 
                        in such class and State.
                            ``(ii) Fees for recertification surveys.--
                                    ``(I) In general.--Fee amounts 
                                assessed pursuant to paragraph (1)(B) 
                                against entities in a class in a State 
                                shall not exceed the amount which the 
                                Secretary reasonably estimates will 
                                generate total revenues sufficient to 
                                cover the applicable percentage 
                                specified in subclause (II) of total 
                                annual costs for such surveys and 
                                determinations with respect to such 
                                class and State.
                                    ``(II) Applicable percentages.--For 
                                purposes of subclause (I), the 
                                applicable percentage specified in this 
                                subclause is--
                                            ``(aa) 33 percent for 
                                        fiscal year 1999;
                                            ``(bb) 66 percent for 
                                        fiscal year 2000; and
                                            ``(cc) 100 percent for 
                                        fiscal year 2001 and each 
                                        succeeding fiscal year.
                    ``(B) Fee determination and publication.--
                            ``(i) In general.--The Secretary shall 
                        annually establish fee amounts under this 
                        subsection, and shall annually publish 
                        schedules of such fees in the Federal Register. 
                        The establishment and publication of such fees 
                        shall be solely in the discretion of the 
                        Secretary and shall not be subject to the 
                        requirements of sections 553 and 801 of title 
                        5, United States Code, and shall not be 
                        reviewable. Previously published fee schedules 
                        shall remain in effect until new schedules are 
                        effective.
                            ``(ii) Reduction or waiver of fees.--The 
                        Secretary may provide for reduction or waiver 
                        of the fees under this subsection in 
                        exceptional circumstances in the public 
                        interest.
            ``(3) Collection and crediting of fees.--
                    ``(A) Fees for initial surveys.--
                            ``(i) Collection of fees.--Fees assessed 
                        against an entity in a State pursuant to 
                        paragraph (1)(A) shall be payable at the time 
                        of the initial survey to the Secretary (or, in 
                        the case of surveys performed by a State 
                        agency, to such agency).
                            ``(ii) Remittance of fee amount to 
                        secretary where state collects fees.--In the 
                        event a State agency collects a fee pursuant to 
                        clause (i), such agency shall remit to the 
                        Secretary an amount equal to the Secretary's 
                        share of the cost of the activities described 
                        in paragraph (1)(A).
                            ``(iii) Crediting of fees.--Fees paid to 
                        the Secretary pursuant to clause (i) or 
                        remitted to the Secretary pursuant to clause 
                        (ii) shall be credited to the Health Care 
                        Financing Administration Program Management 
                        Account.
                    ``(B) Fees for recertification surveys.--
                            ``(i) Collection of fees.--Fees assessed 
                        against an entity pursuant to paragraph (1)(B) 
                        shall be payable annually and may be deducted 
                        from amounts otherwise payable from a Trust 
                        Fund under this title to such entity.
                            ``(ii) Reimbursement of state agency 
                        costs.--Of amounts collected pursuant to clause 
                        (i), an amount equal to the State's share of 
                        the cost of activities described in paragraph 
                        (1)(B) shall be transferred to the appropriate 
                        State agency.
                            ``(iii) Reimbursement of secretary's 
                        costs.--The balance of the amount collected 
                        pursuant to clause (i) that is not paid to a 
                        State agency pursuant to clause (ii) shall be 
                        credited to the Health Care Financing 
                        Administration Program Management Account.
                    ``(C) Offset.--Any amount of fees collected in a 
                fiscal year under this subsection that exceeds the 
                amount of such fees available for expenditure in such 
                fiscal year, as specified in appropriation Acts, shall 
                be credited to the Health Care Financing Administration 
                Program Management Account, and shall be available for 
                obligation in subsequent fiscal years to the extent 
                provided in subsequent appropriations Acts.
            ``(4) Availability of fees.--Fees collected pursuant to 
        this subsection shall remain available until expended, in the 
        amounts provided in appropriation Acts, for necessary expenses 
        related to the purposes for which the fees were assessed.
            ``(5) Treatment of fees for purposes of cost reports.--An 
        entity may not include a fee assessed pursuant to this 
        subsection as an allowable item on a cost report under this 
        title or title XIX.
            ``(6) Certain entities not subject to fee.--The Secretary 
        shall not impose fees under this subsection against entities 
        subject to the requirements of the Clinical Laboratory 
        Improvement Amendments of 1988.''.

SEC. 203. FEES FOR REGISTRATION OF INDIVIDUALS AND ENTITIES PROVIDING 
              HEALTH CARE ITEMS OR SERVICES UNDER MEDICARE.

    Section 1866 of the Social Security Act (42 U.S.C. 1395cc) is 
amended--
            (1) in the heading, by adding ``and registration of other 
        persons furnishing services'' after ``providers of services''; 
        and
            (2) by adding at the end the following new subsection:
    ``(j) Registration Procedures and Fees.--
            ``(1) Registration.--The Secretary shall establish a 
        procedure for initial registration and periodic renewal of 
        registration of individuals and entities that furnish items or 
        services for which payment may be made under this title and 
        that are not otherwise subject to provisions of this title 
        providing for such procedures.
            ``(2) Fees.--
                    ``(A) Authority to impose fees.--The Secretary 
                shall impose, to the extent provided in appropriation 
                Acts--
                            ``(i) fees for initial agreements with 
                        providers of services and initial registrations 
                        of other entities and individuals that furnish 
                        items or services for which payment may be made 
                        under this title, and
                            ``(ii) annual fees to cover the costs of 
                        renewals of agreements and registrations of 
                        such individuals and entities.
                    ``(B) Assessment of fees.--
                            ``(i) Types of fees.--
                                    ``(I) Initial fees.--Fee amounts 
                                assessed pursuant to subparagraph 
                                (A)(i) against a member of a class of 
                                individuals or entities shall not 
                                exceed the Secretary's reasonable 
                                estimate of the average cost of 
                                initiating an agreement or performing 
                                an initial registration for an 
                                individual or entity in such class.
                                    ``(II) Renewal fees.--Fee amounts 
                                assessed pursuant to subparagraph 
                                (A)(ii) against members of a class of 
                                individuals or entities shall not 
                                exceed the amount which the Secretary 
                                reasonably estimates will generate 
                                total revenues sufficient to cover 
                                total annual costs of performing such 
                                renewals with respect to such class.
                            ``(ii) Fee determination and publication.--
                                    ``(I) In general.--The Secretary 
                                shall annually establish fee amounts 
                                under this paragraph, and shall 
                                annually publish schedules of such fees 
                                in the Federal Register. The 
                                establishment and publication of such 
                                fees shall be solely in the discretion 
                                of the Secretary and shall not be 
                                subject to the requirements of sections 
                                553 and 801 of title 5, United States 
                                Code, and shall not be reviewable. 
                                Previously published fee schedules 
                                shall remain in effect until new 
                                schedules are effective.
                                    ``(II) Reduction or waiver of 
                                fees.--The Secretary may provide for 
                                reduction or waiver of the fees under 
                                this paragraph in exceptional 
                                circumstances in the public interest.
                    ``(C) Collection and crediting of fees.--
                            ``(i) Initial fees.--Fees assessed pursuant 
                        to subparagraph (A)(i) against an individual or 
                        entity shall be payable upon application for 
                        billing privileges under the program under this 
                        title (and shall apply whether or not the 
                        Secretary approves such application) and shall 
                        be credited to the Health Care Financing 
                        Administration Program Management Account.
                            ``(ii) Renewal fees.--Fees assessed 
                        pursuant to subparagraph (A)(ii) against an 
                        individual or entity shall be payable annually 
                        and may be deducted from amounts otherwise 
                        payable from a Trust Fund under this title to 
                        such individual or entity. Such fees shall be 
                        credited to the Health Care Financing 
                        Administration Program Management Account.
                            ``(iii) Offset.--Any amount of fees 
                        collected in a fiscal year under this paragraph 
                        that exceeds the amount of such fees available 
                        for expenditure in such fiscal year, as 
                        specified in appropriation Acts, shall be 
                        credited to the Health Care Financing 
                        Administration Program Management Account, and 
                        shall be available for obligation in subsequent 
                        fiscal years to the extent provided in 
                        subsequent appropriations Acts.
                    ``(D) Availability of fees.--Fees collected 
                pursuant to this paragraph shall remain available until 
                expended, in the amounts provided in appropriation 
                Acts, for necessary expenses related to initiating and 
                renewing such agreements and registrations, including 
                costs of--
                            ``(i) establishing and maintaining 
                        procedures and records systems;
                            ``(ii) processing applications;
                            ``(iii) background investigations;
                            ``(iv) renewal of billing privileges; and
                            ``(v) reverification of eligibility.
                    ``(E) Treatment of fees for purposes of cost 
                reports.--An entity may not include a fee assessed 
                pursuant to this paragraph as an allowable item on a 
                cost report under this title or title XIX.''.

SEC. 204. FEES TO COVER THE COST OF MEDICARE DESK REVIEW, AUDIT, AND 
              COST SETTLEMENT ACTIVITIES.

    Section 1893 of the Social Security Act (42 U.S.C. 1395ddd) is 
amended by adding at the end the following new subsection:
    ``(f) Fees for Review, Audit, and Cost Settlement Activities.--
            ``(1) Authority to impose fees.--The Secretary shall impose 
        fees on providers of services and other entities furnishing 
        items or services for which payment may be made under this 
        title for performance of review, audit, and cost settlement 
        activities in connection with the audit of cost reports under 
        subsection (b)(2).
            ``(2) Assessment of fees.--
                    ``(A) In general.--Fee amounts assessed pursuant to 
                paragraph (1) against members of a class of entities 
                shall not exceed the amount which the Secretary 
                reasonably estimates will generate total revenues 
                sufficient to cover total annual costs for performing 
                such activities with respect to such class.
                    ``(B) Fee determination and publication.--
                            ``(i) In general.--The Secretary shall 
                        annually establish fee amounts under this 
                        subsection, and shall annually publish 
                        schedules of such fees in the Federal Register. 
                        The establishment and publication of such fees 
                        shall be solely in the discretion of the 
                        Secretary and shall not be subject to the 
                        requirements of sections 553 and 801 of title 
                        5, United States Code, and shall not be 
                        reviewable. Previously published fee schedules 
                        shall remain in effect until new schedules are 
                        effective.
                            ``(ii) Reduction or waiver of fees.--The 
                        Secretary may provide for reduction or waiver 
                        of the fees under this subsection in 
                        exceptional circumstances in the public 
                        interest.
            ``(3) Collection, crediting, and availability of fees.--
        Fees assessed pursuant to paragraph (1) against an entity shall 
        be payable annually and may be deducted from amounts otherwise 
        payable from a Trust Fund under this title to such entity. Such 
        fees shall be credited to the Health Care Fraud and Abuse 
        Control Account. Fees collected pursuant to this subsection 
        shall remain available until expended, for necessary expenses 
        for the purposes for which the fees were assessed.
            ``(4) Treatment of fees for purposes of cost reports.--An 
        entity may not include a fee assessed pursuant to this 
        subsection as an allowable item on a cost report under this 
        title or title XIX.''.

SEC. 205. FEES FOR PROCESSING CLAIMS.

    (a) In General.--Part D of title XVIII of the Social Security Act 
is amended by adding at the end the following new section:

``SEC. 1897. FEES FOR PROCESSING CLAIMS.

    ``(a) Authority To Impose Fees.--
            ``(1) In general.--Subject to subsection (b), each claim 
        described in paragraph (2) submitted by an individual or entity 
        furnishing items or services for which payment may be made 
        under this title is subject to a processing fee of $1.00.
            ``(2) Claims subject to fee.--A claim is subject to the fee 
        specified in paragraph (1) if it--
                    ``(A) duplicates, in whole or in part, another 
                claim submitted by the same individual or entity;
                    ``(B) is a claim that cannot be processed and must, 
                in accordance with the Secretary's instructions, be 
                returned by the fiscal intermediary or carrier to the 
                individual or entity for completion; or
                    ``(C) is not submitted electronically by an 
                individual or entity or the authorized billing agent of 
                such individual or entity.
    ``(b) Collection, Crediting, and Availability of Fees.--
            ``(1) Appropriations required.--Fees shall be collected and 
        expended under this section to the extent provided in 
        appropriation Acts.
            ``(2) Deduction from trust fund.--The Secretary shall 
        deduct any fees assessed pursuant to subsection (a) against an 
        individual or entity from amounts otherwise payable from a 
        Trust Fund under this title to such individual or entity, and 
        shall transfer the amount so deducted from such Trust Fund to 
        the Health Care Financing Administration Program Management 
        Account.
            ``(3) Offset.--Any amount of fees collected in a fiscal 
        year under this section that exceeds the amount of such fees 
        available for expenditure in such fiscal year, as specified in 
        appropriation Acts, shall be credited to the Health Care 
        Financing Administration Program Management Account, and shall 
        be available for obligation in subsequent fiscal years to the 
        extent provided in subsequent appropriations Acts.
            ``(4) Availability.--Fees collected pursuant to this 
        section shall remain available until expended for the costs of 
        the activities for which they were assessed.
    ``(c) Waiver of Certain Fees.--The Secretary may provide for waiver 
of fees for claims described in subsection (a)(2)(C) in cases of such 
compelling circumstances as the Secretary may determine.
    ``(d) Treatment of Fees for Purposes of Cost Reports.--An entity 
may not include a fee assessed pursuant to this section as an allowable 
item on a cost report under this title or title XIX.''.
    (b) Conforming Amendment.--Section 1842(c)(4) of such Act (42 
U.S.C. 1395u(c)(4)) is amended by striking ``Neither a carrier'' and 
inserting ``Except as provided in section 1897, neither a carrier''.

SEC. 206. SECRETARY'S AUTHORITY TO ISSUE INTERIM FINAL REGULATIONS.

    The Secretary of Health and Human Services is authorized to issue 
any regulations needed to implement the amendments made by this title 
as interim final regulations.

                   TITLE III--MISCELLANEOUS USER FEES

SEC. 301. AUTHORITY OF SECRETARY OF AGRICULTURE TO IMPOSE USER FEES FOR 
              CERTAIN SERVICES PROVIDED BY DEPARTMENT OF AGRICULTURE 
              AGENCIES.

    The Department of Agriculture Reorganization Act of 1994 is amended 
by inserting after section 219 (7 U.S.C. 6919) the following new 
section:

``SEC. 220. USER FEES FOR CERTAIN SERVICES PROVIDED BY DEPARTMENT 
              AGENCIES, OFFICES, OFFICERS, AND EMPLOYEES.

    ``(a) User Fees Authorized.--Notwithstanding any other provision of 
law, the Secretary may prescribe and collect fees sufficient to cover 
all or some portion of the cost to the Department, including 
administrative costs, of providing services under the laws specified in 
subsection (b).
    ``(b) Covered Laws.--Subsection (a) applies to the following laws, 
notwithstanding any provision prohibiting the imposition of user fees 
in any such law:
            ``(1) Laws administered by the Animal and Plant Inspection 
        Service (or any successor agency), including the following 
        specific services:
                    ``(A) Biotechnology testing services under the 
                Federal Plant Pest Act (7 U.S.C. 150aa et seq.).
                    ``(B) Biotechnology testing services under the Act 
                of August 20, 1912 (commonly known as the Plant 
                Quarantine Act; 7 U.S.C. 151 et seq.).
                    ``(C) Animal welfare licensing services under the 
                Animal Welfare Act (7 U.S.C. 2131 et seq).
                    ``(D) Veterinary biologics services under the Act 
                of March 4, 1913 (commonly known as the Virus-Serum-
                Toxin Act; 21 U.S.C. 151 et seq.).
                    ``(E) Services under the Swine Health Protection 
                Act (7 U.S.C. 3801 et seq.).
            ``(2) Laws administered by the Grain Inspection, Packers 
        and Stockyards Administration (or any successor agency), 
        including the following:
                    ``(A) The Packers and Stockyards Act, 1921 (7 
                U.S.C. 181 et seq.).
                    ``(B) The United States Grain Standards Act (7 
                U.S.C. 71 et seq.).
            ``(3) Laws administered by the Food Safety and Inspection 
        Service (or any successor agency), including the following:
                    ``(A) The Federal Meat Inspection Act (21 U.S.C. 
                601 et seq.).
                    ``(B) The Poultry Products Inspection Act (21 
                U.S.C. 451 et seq.).
                    ``(C) The Egg Products Inspection Act (21 U.S.C. 
                1031 et seq.).
            ``(4) Laws administered by the Natural Resources 
        Conservation Service (or any successor agency), including 
        authorities regarding the provision of technical assistance and 
        products for natural resource conservation.
            ``(5) Laws administered by the Farm Service Agency (or any 
        successor agency), including the authorities regarding the 
        provision of information obtained from information collections 
        from persons participating in the programs administered by the 
        Agency.
    ``(c) Exceptions.--Subsection (b) does not include any law or 
service for which a user fee is specifically required or authorized 
under another provision of law.
    ``(d) Late Payment Penalties.--If a person subject to a fee under 
this section fails to pay the fee when due, the Secretary may assess a 
late payment penalty, and the overdue fees shall accrue interest, as 
required by section 3717 of title 31, United States Code.
    ``(e) Treatment of Fees.--Fees and other amounts collected under 
this section shall be credited to the Department accounts that incur 
the costs associated with the provision of the services for which the 
fees are imposed. Funds so credited shall be merged with the 
appropriations to which credited and shall be available to the 
Secretary without fiscal year limitation for the same purposes as the 
appropriations with which merged.''.

SEC. 302. NOAA NAVIGATION ASSISTANCE FEES.

    (a) Establishment and Collection.--
            (1) In general.--For fiscal year 1999 and each fiscal year 
        thereafter, the Secretary of Commerce, in consultation with the 
        Secretary of Transportation, shall establish, assess, and 
        collect under section 9701 of title 31, United States Code, 
        fees for the provision of navigation assistance services.
            (2) Fee schedule.--The Secretary shall implement fees under 
        this section by establishment of a schedule for such fees. The 
        Secretary shall publish an interim final rule containing an 
        initial fee schedule not later than 150 days after the date of 
        the enactment of this Act.
    (b) Crediting of Fees.--Fees collected under this section shall be 
credited as offsetting collections of the Department of Commerce.
    (c) Availability.--
            (1) In general.--Of amounts of offsetting collections 
        credited for fees under this section--
                    (A) not to exceed $2,500,000 shall be available to 
                the Secretary of Commerce for fiscal year 1999 for 
                expenses of providing services for which the fees are 
                collected; and
                    (B) amounts in excess of $2,500,000 shall be 
                available to the Secretary of Commerce for fiscal years 
                after fiscal year 1999 for expenses of providing those 
                services.
            (2) Available until expended.--Amounts available under this 
        section shall remain available until expended.

SEC. 303. FISHERIES MANAGEMENT AND ENFORCEMENT FEES.

    (a) Establishment and Collection.--
            (1) In general.--For fiscal year 1999 and each fiscal year 
        thereafter, the Secretary of Commerce shall establish, assess, 
        and collect under section 9701 of title 31, United States Code, 
        fees for the provision of fisheries management and enforcement 
        services.
            (2) Manner of collection.--The Secretary may prescribe the 
        manner in which such fees are collected.
    (b) Maximum Amount.--The maximum amount of any fee under this 
section may not exceed one percent of the ex-vessel value of harvested 
fish with respect to which the fee is collected.
    (c) Crediting of Fees.--Fees collected under this section shall be 
credited as offsetting collections of the Department of Commerce.
    (d) Availability.--
            (1) In general.--Of amounts of offsetting collections 
        credited for fees under this section--
                    (A) not to exceed $19,781,000 shall be available to 
                the Secretary of Commerce for fiscal year 1999 for 
                expenses of providing services for which the fees are 
                collected; and
                    (B) amounts in excess of $19,781,000 shall be 
                available to the Secretary of Commerce for fiscal years 
                after fiscal year 1999 for expenses of providing those 
                services.
            (2) Available until expended.--Amounts available under this 
        section shall remain available until expended.

SEC. 304. LEVEL OF FEES FOR PATENT SERVICES.

    (a) General Patent Fees.--Section 41 of title 35, United States 
Code, is amended by striking subsection (a) and inserting the 
following:
    ``(a) The Commissioner shall charge the following fees:
            ``(1)(A) On filing each application for an original patent, 
        except in design or plant cases, $790.
            ``(B) In addition, on filing or on presentation at any 
        other time, $82 for each claim in independent form which is in 
        excess of 3, $22 for each claim (whether independent or 
        dependent) which is in excess of 20, and $270 for each 
        application containing a multiple dependent claim.
            ``(C) On filing each provisional application for an 
        original patent, $150.
            ``(2) For issuing each original or reissue patent, except 
        in design or plant cases, $1,320.
            ``(3) In design and plant cases--
                    ``(A) on filing each design application, $330;
                    ``(B) on filing each plant application, $540;
                    ``(C) on issuing each design patent, $450; and
                    ``(D) on issuing each plant patent, $670.
            ``(4)(A) On filing each application for the reissue of a 
        patent, $790.
            ``(B) In addition, on filing or on presentation at any 
        other time, $82 for each claim in independent form which is in 
        excess of the number of independent claims of the original 
        patent, and $22 for each claim (whether independent or 
        dependent) which is in excess of 20 and also in excess of the 
        number of claims of the original patent.
            ``(5) On filing each disclaimer, $110.
            ``(6)(A) On filing an appeal from the examiner to the Board 
        of Patent Appeals and Interferences, $310.
            ``(B) In addition, on filing a brief in support of the 
        appeal, $310, and on requesting an oral hearing in the appeal 
        before the Board of Patent Appeals and Interferences, $270.
            ``(7) On filing each petition for the revival of an 
        unintentionally abandoned application for a patent or for the 
        unintentionally delayed payment of the fee for issuing each 
        patent, $1,320, unless the petition is filed under section 133 
        or 151 of this title, in which case the fee shall be $110.
            ``(8) For petitions for 1-month extensions of time to take 
        actions required by the Commissioner in an application--
                    ``(A) on filing a first petition, $110;
                    ``(B) on filing a second petition, $290; and
                    ``(C) on filing a third petition or subsequent 
                petition, $550.
            ``(9) Basic national fee for an international application 
        where the Patent and Trademark Office was the International 
        Preliminary Examining Authority and the International Searching 
        Authority, $720.
            ``(10) Basic national fee for an international application 
        where the Patent and Trademark Office was the International 
        Searching Authority but not the International Preliminary 
        Examining Authority, $790.
            ``(11) Basic national fee for an international application 
        where the Patent and Trademark Office was neither the 
        International Searching Authority nor the International 
        Preliminary Examining Authority, $1,070.
            ``(12) Basic national fee for an international application 
        where the international preliminary examination fee has been 
        paid to the Patent and Trademark Office, and the international 
        preliminary examination report states that the provisions of 
        Article 33 (2), (3), and (4) of the Patent Cooperation Treaty 
        have been satisfied for all claims in the application entering 
        the national stage, $98.
            ``(13) For filing or later presentation of each independent 
        claim in the national stage of an international application in 
        excess of 3, $82.
            ``(14) For filing or later presentation of each claim 
        (whether independent or dependent) in a national stage of an 
        international application in excess of 20, $22.
            ``(15) For each national stage of an international 
        application containing a multiple dependent claim, $270.
For the purpose of computing fees, a multiple dependent claim referred 
to in section 112 of this title or any claim depending therefrom shall 
be considered as separate dependent claims in accordance with the 
number of claims to which reference is made. Errors in payment of the 
additional fees may be rectified in accordance with regulations of the 
Commissioner.''.
    (b) Patent Maintenance Fees.--Section 41 of title 35, United States 
Code, is amended by striking subsection (b) and inserting the 
following:
    ``(b) The Commissioner shall charge the following fees for 
maintaining in force all patents based on applications filed on or 
after December 12, 1980:
            ``(1) 3 years and 6 months after grant, $1,050.
            ``(2) 7 years and 6 months after grant, $2,100.
            ``(3) 11 years and 6 months after grant, $3,160.
Unless payment of the applicable maintenance fee is received in the 
Patent and Trademark Office on or before the date the fee is due or 
within a grace period of 6 months thereafter, the patent will expire as 
of the end of such grace period. The Commissioner may require the 
payment of a surcharge as a condition of accepting within such 6-month 
grace period the payment of an applicable maintenance fee. No fee may 
be established for maintaining a design or plant patent in force.''.
    (b) Authorization of Collection and Expenditure.--Section 42(c) of 
title 35, United States Code, is amended by striking the first sentence 
and inserting the following: ``To the extent and in the amounts 
provided in advance in appropriations Acts, fees authorized in this 
title or any other Act to be charged or established by the Commissioner 
shall be collected by and shall be available to the Commissioner to 
carry out the activities of the Patent and Trademark Office.''.
    (c) Effective Date.--This section and the amendments made by this 
section shall take effect on October 1, 1998.

SEC. 305. EXPORT PROMOTION FEES.

    There is authorized to be appropriated to the International Trade 
Administration of the Department of Commerce $292,452,000, to remain 
available until expended, of which $6,000,000 shall be derived from 
fees to be collected and used, to the extent provided in appropriation 
Acts, by the International Trade Administration for the provision of 
export promotion services, notwithstanding section 3302 of title 31, 
United States Code. Any such fees received in excess of $6,000,000 in 
fiscal year 1999 shall remain available until expended, but shall not 
be made available until October 1, 1999.

SEC. 306. HARDROCK LOCATION AND MAINTENANCE FEES.

    Title X of the Omnibus Budget Reconciliation Act of 1993 (Public 
Law 103-66) is amended as follows:
            (1) Section 10101(a) (30 U.S.C. 28f(a)) 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 October 1, 1998, shall pay to the Secretary of the 
        Interior, on or before September 1 of each year, for year 1999 
        and subsequent years, a claim maintenance fee of $116 per claim 
        or site.''.
            (2) Section 10102 (30 U.S.C. 28g) is amended by striking 
        ``and before September 30, 1998,'' and striking ``$25.00'' and 
        inserting ``$28''.
            (3) Section 10105 (30 U.S.C. 28j) is amended by adding the 
        following new subsection at the end:
    ``(d) Availability of Fees.--Fees collected under sections 10101 
and 10102 (30 U.S.C. 28f and 28g) shall be available without further 
appropriation for Mining Law Administration program operations in the 
year following their collection.''.

SEC. 307. IMPOSITION AND USE OF DEPARTMENT OF LABOR EMPLOYER FILING 
              FEES UNDER THE IMMIGRATION AND NATIONALITY ACT.

    Section 286 of the Immigration and Nationality Act (8 U.S.C. 1356) 
is amended by adding at the end the following:
    ``(s) Department of Labor Fees for Employer-Related Filings.--
            ``(1) Beginning in fiscal year 2000, the Secretary of Labor 
        shall impose a fee on each person filing with the Secretary an 
        application for a labor certification, an employer attestation, 
        or any similar petition or application, in order to meet a 
        requirement or condition of a program under this title or title 
        I relating to the provision to an alien of an immigrant, or 
        nonimmigrant, employment-based status. The fee with respect a 
        filing under a program shall be in an amount prescribed by the 
        Secretary based on the costs of carrying out the Secretary's 
        duties (including enforcement-related functions) with respect 
        to the program.
            ``(2) Fees collected under this subsection shall be 
        deposited as an offsetting collection in a fund established for 
        this purpose in the Treasury of the United States.
            ``(3) No amount shall be collected or obligated for any 
        fiscal year under this subsection, except to the extent 
        provided in appropriations Acts.
            ``(4) The fees in the fund collected with respect to a 
        program shall remain available until expended to the Secretary, 
        to the extent and in such amounts as may be provided in 
        appropriations Acts, to cover the costs described in paragraph 
        (1) with respect to the program, in addition to any other funds 
        that are available to the Secretary to cover such costs.''.

SEC. 308. COAST GUARD NAVIGATION ASSISTANCE FEES.

    (a) Establishment and Collection.--
            (1) In general.--For fiscal year 1999 and each fiscal year 
        thereafter, the Secretary of Transportation shall establish, 
        assess, and collect under section 9701 of title 31, United 
        States Code, fees for the provision of navigation assistance 
        services.
            (2) Fee schedule.--The Secretary shall implement fees under 
        this section by establishment of a schedule for such fees. The 
        Secretary shall publish an interim final rule containing an 
        initial fee schedule not later than 150 days after the date of 
        the enactment of this Act.
    (b) Crediting of Fees.--Fees collected under this section shall be 
credited as offsetting collections of the Department of Transportation.
    (c) Availability.--
            (1) In general.--Of amounts of offsetting collections 
        credited for fees under this section--
                    (A) not to exceed $35,000,000 shall be available to 
                the Secretary of Transportation for fiscal year 1999 
                for expenses of providing services for which the fees 
                are collected; and
                    (B) amounts in excess of $35,000,000 shall be 
                available to the Secretary of Transportation for fiscal 
                years after fiscal year 1999 for expenses of providing 
                those services.
            (2) Available until expended.--Amounts available under this 
        section shall remain available until expended.

SEC. 309. SURFACE TRANSPORTATION BOARD.

    Section 721 of title 49, United States Code, is amended by adding 
at the end the following new subsection:
    ``(f) User Fees.--
            ``(1) Schedule of fees.--The Board shall prescribe by 
        regulation a schedule of user fees for carriers subject to the 
        jurisdiction of the Board. The fees--
                    ``(A) shall cover the costs incurred by the Board 
                in carrying out its functions; and
                    ``(B) shall be assessed on each carrier in 
                reasonable relationship to the relative benefits 
                received by the carriers from the functions of the 
                Board.
            ``(2) Collection of fees.--The Board shall prescribe 
        procedures for the collection of fees under this subsection. 
        The Board may use the services of a department, agency, or 
        instrumentality of the Federal Government or of a State or 
        local authority to collect the fees, and may reimburse the 
        department, agency, or instrumentality a reasonable amount for 
        its services.
            ``(3) Use of fees.--Fees collected under this subsection 
        may be used, to the extent provided in advance in appropriation 
        Acts, by the Board for the expenses of carrying out its 
        functions. Any amounts collected in a fiscal year in excess of 
        the amount required for carrying out the functions of the Board 
        for that fiscal year may be retained for use by the Board in a 
        subsequent fiscal year.''.

SEC. 310. WETLANDS PERMIT FEES.

    (a) Establishment and Collection.--The Secretary of the Army shall 
establish and collect fees, from applicants for commercial permits 
under section 404 of the Federal Water Pollution Control Act, for 
evaluation of applications for such permits, the preparation of 
environmental impact statements under the National Environmental Policy 
Act of 1969 in connection with the issuance of such permits, and the 
delineation of wetlands for major developments affecting wetlands.
    (b) Army Civil Works Regulatory Program.--
            (1) Establishment.--There is established in the Treasury of 
        the United States a special account to be known as the ``Army 
        Civil Works Regulatory Program Account'' into which fees 
        collected by the Secretary under subsection (a) shall be 
        deposited.
            (2) Use of fees.--Amounts deposited into the Program 
        Account shall be available to the Secretary, as provided in 
        appropriation acts, to apply toward the costs incurred by the 
        Department of the Army in administering laws pertaining to the 
        regulation of navigable waters of the United States, including 
        wetlands. Such amounts shall be in addition to appropriations 
        otherwise available to the Secretary for administering such 
        laws.

SEC. 311. RADIOLOGICAL PREPAREDNESS FEES.

    (a) Establishment of Radiological Emergency Preparedness Fund.--
There is established in the Treasury of the United States a 
radiological emergency preparedness fund which shall be available under 
the Atomic Energy Act of 1954 and Executive Order No. 12657 for offsite 
radiological emergency planning, preparedness, and response.
    (b) Fees.--
            (1) In general.--For fiscal year 1999 and each fiscal year 
        thereafter, the Director of the Federal Emergency Management 
        Agency shall establish (by regulation), assess, and collect 
        fees under this subsection from persons subject to the 
        radiological emergency preparedness regulations issued by the 
        Director.
            (2) Aggregate amount.--The aggregate amount of fees 
        assessed and collected under this subsection during a fiscal 
        year shall not be less than the amounts anticipated by the 
        Director to be necessary to carry out the radiological 
        emergency preparedness program of the Federal Emergency 
        Management Agency for such fiscal year.
            (3) Procedures.--The methodology for assessment and 
        collection of fees under this subsection shall be fair and 
        equitable. Such fees shall reflect the costs of providing 
        services, including administrative costs of collecting fees.
            (4) Deposit.--Fees collected under this subsection shall be 
        deposited in the radiological emergency preparedness fund 
        established under subsection (a) as offsetting collections. An 
        amount equal to the amount of fees so deposited shall become 
        available for authorized purposes on October 1 of the fiscal 
        year in which the fees are collected and shall remain available 
        until expended.

SEC. 312. AVIATION ACCIDENT INVESTIGATION FEE.

    (a) Establishment and Collection.--For fiscal year 1999 and each 
fiscal year thereafter the Chairman of the National Transportation 
Safety Board shall establish, assess, and collect under section 9701 of 
title 31, United States Code, fees from air carriers to partially cover 
the costs of aviation accident investigations. Such fees shall be 
established by publication of an initial proposed fee schedule as an 
interim final rule in the Federal Register not later than 150 days 
after the date of the enactment of this Act.
    (b) Maximum Amount.--The maximum amount of fees collected under 
this section shall not exceed $6,000,000 in any fiscal year.
    (c) Use of Fees.--Fees collected under this subsection shall be 
credited as offsetting collections to an account established in the 
Treasury of the United States for such purpose and shall be available 
until expended for necessary expenses for the National Transportation 
Safety Board in conducting aviation accident investigations, including 
the hiring of passenger motor vehicles and aircraft and services 
authorized by section 3109 of title 5, United States Code, but at rates 
for individuals not to exceed the per diem rate equivalent to the rate 
as authorized by law under sections 5901 and 5902 of such title.

SEC. 313. MONETARY ASSESSMENT ON CLAIMANT REPRESENTATIVES UTILIZING THE 
              SOCIAL SECURITY ADMINISTRATION'S FEE APPROVAL AND DIRECT 
              PAYMENT PROCESSES.

    (a) Representatives of Title II Claimants.--
            (1) In general.--Section 206 of the Social Security Act (42 
        U.S.C. 406) is amended by adding at the end the following new 
        subsection:
    ``(d)(1) In any case in which a fee (exceeding zero) of a person 
who renders services for compensation in connection with a claim for 
entitlement to benefits under this title is--
            ``(A) fixed by the Commissioner pursuant to the last 
        sentence of subsection (a)(1),
            ``(B) approved by the Commissioner pursuant to subsection 
        (a)(2)(A), or
            ``(C) determined and allowed by a court pursuant to 
        subsection (b)(1)(A),
the Commissioner shall assess such person an amount determined in 
accordance with paragraph (2).
    ``(2) The amount of the assessment under paragraph (1) shall be--
            ``(A) $165 (or such different amount as the Commissioner 
        may prescribe by regulation), if the Commissioner certifies 
        payment of a fee to a person described in paragraph (1) out of 
        past-due benefits payable under this title pursuant to 
        subsection (a)(4)(A) or (b)(1)(A) (or would so certify such 
        payment but for a reduction to zero authorized by paragraph 
        (3)(A)), or
            ``(B) $40 (or such different amount as the Commissioner may 
        prescribe by regulation) in any other case.
    ``(3)(A) Notwithstanding section 3716 of title 31, United States 
Code, and subsections (a)(4) and (b)(1)(A) of this section, the 
Commissioner may reduce (to not below zero) the amount otherwise 
subject to certification for payment as a fee to an attorney from past-
due benefits in order to recover any assessment or assessments under 
this subsection owing by such attorney (without regard to whether such 
assessments derive from the claim giving rise to the past-due benefits 
in connection with which the fee payment is subject to certification).
    ``(B) The Commissioner shall establish by regulation procedures for 
the collection of assessments under this subsection not recoverable as 
provided in subparagraph (A).
    ``(4) Assessments collected under this subsection shall be credited 
to a special trust fund receipt account established in the Treasury of 
the United States for assessments on representatives under this 
subsection. The amounts so credited, to the extent and in the amounts 
provided in advance in appropriations Acts, shall be available to 
defray expenses incurred in carrying out this title and related laws.
    ``(5) From amounts credited under paragraph (4) to the special 
account established in the Treasury of the United States for 
assessments on representatives under this subsection, there is 
authorized to be appropriated an amount not to exceed $19,000,000 for 
fiscal year 1999, $26,000,000 for fiscal year 2000, and such sums as 
may be necessary for each fiscal year thereafter, for administrative 
expenses in carrying out this title and related laws.''.
            (2) Conforming amendments.--
                    (A) Section 206(a)(4)(A) of such Act (42 U.S.C. 
                406(a)(4)(A)) is amended by striking the period and 
                inserting ``, except that the amount otherwise subject 
                to certification may be reduced (to not less than zero) 
                pursuant to subsection (d)(3)(A).''.
                    (B) Section 206(b)(1)(A) of such Act (42 U.S.C. 
                406(b)(1)(A)) is amended by striking the period at the 
                end of the first sentence and inserting ``, except that 
                the amount otherwise subject to certification may be 
                reduced (to not less than zero) pursuant to subsection 
                (d)(3)(A).''.
    (b) Representatives of Title XVI Claimants.--Section 1631(d)(2) of 
such Act (42 U.S.C. 1383(d)(2)) is amended by redesignating 
subparagraph (B) as subparagraph (C) and by inserting after 
subparagraph (A) the following new subparagraph:
    ``(B) The provisions of section 206(d) shall apply to this part to 
the same extent as they apply in the case of title II, except that--
            ``(i) references therein to title II shall be deemed to be 
        references to title XVI;
            ``(ii) references to entitlement to benefits under title II 
        shall be deemed to be references to eligibility for benefits 
        under this title;
            ``(iii) such provisions shall apply only with respect to 
        assessments applicable to cases other than cases involving 
        certification of payment of a fee to a representative out of 
        past-due benefits; and
            ``(iv) the total amount of the appropriations authorized in 
        paragraph (5) thereof for carrying out this title and title II 
        may not exceed $19,000,000 for fiscal year 1999 and $26,000,000 
        for fiscal year 2000.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to any person who, for a fee, represents or otherwise assists a 
claimant with a claim arising under title II or title XVI of the Social 
Security Act, and whose representation of such claimant in connection 
with such claim commences on or after the 60th day following the date 
of the enactment of this Act.

SEC. 314. RAILROAD SAFETY.

    Section 20115(e) of title 49, United States Code, is amended by 
striking ``1995'' and inserting ``2003''.

SEC. 315. INCREASE IN CUSTOMS MERCHANDISE PROCESSING FEE.

    Section 13031 of the Consolidated Omnibus Budget Reconciliation Act 
of 1985 (19 U.S.C. 58c) is amended as follows:
            (1) Subsection (a)(9)(B)(i) is amended by striking ``0.21 
        percent nor less than 0.15 percent'' and inserting ``0.25 nor 
        less than 0.15 percent''.
            (2) Subsection (f) is amended--
                    (A) by redesignating paragraphs (4) and (5) as 
                paragraphs (5) and (6), respectively;
                    (B) in paragraph (5), as so redesignated, by 
                striking ``paragraph (5)'' and inserting ``paragraph 
                (6)'';
                    (C) by inserting after paragraph (3) the following:
    ``(4) Fees collected under subsection (a)(9) in excess of .21 
percent ad valorem shall be available until expended for necessary 
expenses incurred by the Secretary of the Treasury for the National 
Customs Automation Program established under section 411 of the Tariff 
Act of 1930, in addition to amounts otherwise available for such 
purpose.''; and
                    (D) in paragraph (1)(B) by striking ``paragraph 
                (5)'' and inserting ``paragraph (6)''.

SEC. 316. PESTICIDE REGISTRATION FEES.

    Section 4(i) of the Federal Insecticide, Fungicide, and Rodenticide 
Act (7 U.S.C. 136a-1(i)) is amended--
            (1) in paragraph (6), by striking ``(5)'' and inserting 
        ``(6)'';
            (2) by redesignating paragraphs (6) and (7) as paragraphs 
        (7) and (8), respectively; and
            (3) by inserting after paragraph (5) the following:
            ``(6) Registration fees.--
                    ``(A) Authority to levy fee.--The Administrator may 
                levy fees upon applicants for registration and 
                amendments to registration under section 3 of this Act 
                and applicants for experimental use permits under 
                section 5 of this Act, pursuant to regulations similar 
                to sections 152.410(b), 152.412, and 152.414 of title 
                40, Code of Federal Regulations (as in effect as of 
                July 1, 1997), in amounts sufficient to cover costs 
                associated with the review of such applications.
                    ``(B) Time of payment.--An applicant upon whom a 
                fee is levied under this paragraph shall pay the fee at 
                the time of application, unless otherwise specified by 
                the Administrator.
                    ``(C) Effect of failure to pay by time 
                prescribed.--The Administrator may, by order and 
                without a hearing, deny the application of any 
                applicant who fails to pay, within such time as the 
                Administrator has prescribed, any fee levied on the 
                applicant under this paragraph.
                    ``(D) Authority to reduce or waive fee.--The 
                Administrator may reduce or waive any fee that would 
                otherwise be assessed under this paragraph--
                            ``(i) in connection with an application for 
                        an active ingredient that is contained only in 
                        pesticides for which registration is sought 
                        solely for agricultural or nonagricultural 
                        minor use; and
                            ``(ii) in such other circumstances as the 
                        Administrator determines to be in the public 
                        interest.
                    ``(E) Use of fees.--The Administrator shall deposit 
                in a special fund in the Treasury of the United States 
                all fees collected under this paragraph, and the amount 
                of such fees shall be available, subject to 
                appropriation, to carry out the activities of the 
                Environmental Protection Agency in the issuance of the 
                registrations under sections 3 and 5 in respect of 
                which the fees were paid.''.

SEC. 317. CHEMICAL PRE-MANUFACTURING NOTIFICATION FEES.

    Notwithstanding section 26(b)(1) of the Toxic Substances Control 
Act (15 U.S.C. 2625(b)(1)), the Administrator of the Environmental 
Protection Agency is authorized to assess, in fiscal year 1999 and 
thereafter, fees from any person required to submit data under section 
4 or 5 of such Act (15 U.S.C. 2603, 2604) without regard to the dollar 
limitations established in section 26(b)(1) of such Act. Such fees 
shall be calculated to cover costs associated with administering those 
sections of such Act, and shall be paid at the time of data submission, 
unless otherwise specified by the Administrator. The Administrator may 
take into account the ability to pay of the person required to submit 
the data and the cost to the Administrator of reviewing such data. The 
Administrator shall promulgate rules to implement this section. Such 
rules may provide for allocating the fee in any case in which the 
expenses of data submission under section 4 or 5 of such Act are 
shared. Increased fees collected under this section shall be deposited 
in a special fund in the United States Treasury, which thereafter will 
be available, subject to appropriation, to carry out the 
Administration's activities for which such fees are collected.

SEC. 318. NRC USER FEES AND ANNUAL CHARGES.

    Section 6101(a)(3) of the Omnibus Budget Reconciliation Act of 1990 
(42 U.S.C. 2214(a)(3)) is amended by striking ``September 30, 1998'' 
and inserting ``September 30, 2003''.

SEC. 318. BANK EXAMINATION FEES.

    (a) FDIC Examination Fees.--Section 10(e)(1) of the Federal Deposit 
Insurance Act (12 U.S.C. 1820(e)(1)) is amended to read as follows:
            ``(1) In general.--
                    ``(A) Regulatory examinations.--Subject to 
                paragraph (6), the cost of conducting any examination 
                under subsection (b)(2) of an insured depository 
                institution described in subparagraph (A) of such 
                subsection shall be assessed by the Corporation against 
                the institution in an amount sufficient to meet the 
                Corporation's expenses in carrying out the examination.
                    ``(B) Insurance examinations.--The cost of 
                conducting any examination of a depository institution 
                under subsection (b)(2) or (b)(3), other than an 
                examination to which subparagraph (A) applies, may be 
                assessed by the Corporation against the institution to 
                meet the Corporation's expenses in carrying out the 
                examination.''.
    (b) Federal Reserve Board Examination Fees.--The 2d sentence of the 
8th undesignated paragraph of section 9 of the Federal Reserve Act (12 
U.S.C. 326) is amended--
            (1) by striking ``may, in the discretion of the Board of 
        Governors of the Federal Reserve System, be assessed'' and 
        inserting ``shall be assessed, subject to section 10(e)(6) of 
        the Federal Deposit Insurance Act,''; and
            (2) by striking ``and, when so assessed, shall be paid'' 
        and inserting ``and shall be paid''.
    (c) Reasonable Reduction in Examination Fees for State Banks and 
Savings Associations.--Section 10(e) of the Federal Deposit Insurance 
Act (12 U.S.C. 1820(e)) is amended by adding at the end the following 
new paragraph:
            ``(6) Reductions and Exemptions.--
                    ``(A) Reduction for depository institutions subject 
                to dual supervision.--
                            ``(i) In general.--The amount of any 
                        assessment or other fee imposed on any State 
                        depository institution for an annual regular 
                        examination--
                                    ``(I) by the Corporation under 
                                paragraph (1)(A);
                                    ``(II) by the Board of Governors of 
                                the Federal Reserve System under the 
                                8th undesignated paragraph of section 9 
                                of the Federal Reserve Act; or
                                    ``(III) by the Director of the 
                                Office of Thrift Supervision under 
                                section 9(a) of the Home Owners' Loan 
                                Act,
                        during any 12-month period may be reduced to 
                        the extent the agency determines to be 
                        appropriate to reflect the fact that the 
                        supervision of such State depository 
                        institution by an appropriate State bank 
                        supervisor has reduced the need for Federal 
                        supervision.
                            ``(ii) Limit on amount of reduction.--The 
                        amount of any reduction under clause (i) with 
                        respect to any State depository institution 
                        shall not exceed the amount of an assessment or 
                        fee imposed on such institution by the State 
                        bank supervisor for the most recent examination 
                        of the institution by the supervisor before 
                        January 1, 1998 (or, in the case of an 
                        institution which was not subject to an 
                        examination by the State bank supervisor before 
                        such date, the amount which the appropriate 
                        Federal banking agency reasonably determines 
                        would have been imposed by such supervisor for 
                        an examination of the institution as of such 
                        date).
                            ``(iii) Adjustment for inflation.--For 
                        purposes of clause (ii), the amount described 
                        in such clause shall be adjusted annually after 
                        December 31, 1998, by the annual percentage 
                        increase in the Consumer Price Index for Urban 
                        Wage Earners and Clerical Workers published by 
                        the Bureau of Labor Statistics.
                    ``(B) Exemption for state depository institutions 
                with assets of less than $100,000,000.--Notwithstanding 
                any other provision of law, no assessment or other fee 
                for an annual regular examination may be imposed on any 
                State depository institution which has total assets of 
                less than $100,000,000--
                            ``(i) by the Corporation under paragraph 
                        (1)(A);
                            ``(ii) by the Board of Governors of the 
                        Federal Reserve System under the 8th 
                        undesignated paragraph of section 9 of the 
                        Federal Reserve Act; or
                            ``(iii) by the Director of the Office of 
                        Thrift Supervision under section 9(a) of the 
                        Home Owners' Loan Act.''.
    (d) Technical and Conforming Amendments.--
            (1) Section 10(b)(2) of the Federal Deposit Insurance Act 
        (12 U.S.C. 1820(b)(2) is amended by inserting ``an examination 
        is required under subsection (d)(1) or'' after ``whenever''.
            (2) Section 10(d)(4) of the Federal Deposit Insurance Act 
        (12 U.S.C. 1820(d)(4)) is amended by inserting ``and subsection 
        (e)(6)'' after ``(1), (2), and (3)''.
    (e) Report on Fees Required to Be Imposed on Bank Holding 
Companies.--Before January 31 of each calendar year which begins after 
the date of the enactment of this Act, the Board of Governors of the 
Federal Reserve System shall submit a report to the Congress 
containing--
            (1) the total costs incurred by the Board during the year 
        preceding the year of such report which are attributable to 
        each examination of a bank holding company conducted during 
        such year pursuant to section 5(c) of the Bank Holding Company 
        Act of 1956; and
            (2) the total amount assessed against, and paid by, each 
        bank holding company under such section for the examination.

SEC. 319. EXTENSION OF THE RECREATIONAL FEE DEMONSTRATION PROGRAM.

    (a) Authority.--The authority provided to the National Park Service 
under the recreational fee demonstration program authorized by section 
315 of Public Law 104-134 (16 U.S.C. 460l-6a note)--
            (1) is extended through September 30, 2005; and
            (2) shall be available for all units of the National Park 
        System, except that no recreational admission fee may be 
        charged at Great Smoky Mountains National Park and Lincoln Home 
        National Historic Site.
    (b) Report.--
            (1) In general.--Not later than September 30, 2000, the 
        Secretary of the Interior shall submit to the Committee on 
        Resources of the House of Representatives and the Committee on 
        Energy and Natural Resources of the Senate a report detailing 
        the status of the recreational fee demonstration program 
        conducted in national parks under section 315 of Public Law 
        104-134 (16 U.S.C. 460l-6a note).
            (2) Contents.--The report under paragraph (1) shall 
        contain--
                    (A) an evaluation of the fee demonstration program 
                conducted at each national park;
                    (B) with respect to each national park, a 
                description of the criteria that were used to determine 
                whether a recreational fee should or should not be 
                charged at the national park; and
                    (C) a description of the manner in which the amount 
                of the fee at each national park was established.

SEC. 320. CONCESSIONS REFORM.

    (a) Findings.--In furtherance of the Act of August 25, 1916 (39 
Stat. 535), as amended (16 U.S.C. 1, 2-4), which directs the Secretary 
of the Interior to administer areas of the National Park System in 
accordance with the fundamental purpose of preserving their scenery, 
wildlife, natural and historic objects, and providing for their 
enjoyment in a manner that will leave them unimpaired for the enjoyment 
of future generations, the Congress finds that the preservation and 
conservation of park resources and values requires that such public 
accommodations, facilities, and services as the Secretary determines 
are necessary and appropriate in accordance with this Act--
            (1) should be provided only under carefully controlled 
        safeguards against unregulated and indiscriminate use so that 
        visitation will not unduly impair these values; and
            (2) should be limited to locations and designs consistent 
        to the highest practicable degree with the preservation and 
        conservation of park resources and values.
    (b) Policy.--It is the policy of the Congress that--
            (1) development on Federal lands within a park shall be 
        limited to those facilities and services that the Secretary 
        determines are necessary and appropriate for public use and 
        enjoyment of the park in which such facilities and services are 
        located;
            (2) development of such facilities and services within a 
        park should be consistent to the highest practicable degree 
        with the preservation and conservation of the park's resources 
        and values;
            (3) such facilities and services should be provided by 
        private persons, corporations, or other entities, except when 
        no qualified private interest is willing to provide such 
        facilities and services;
            (4) if the Secretary determines that development should be 
        provided within a park, such development shall be designed, 
        located, and operated in a manner that is consistent with the 
        purposes for which such park was established;
            (5) the right to provide such services and to develop or 
        utilize such facilities should be awarded to the person, 
        corporation, or entity submitting the best proposal through a 
        competitive selection process; and
            (6) such facilities or services should be provided to the 
        public at reasonable rates.
    (c) Definitions.--As used in this section:
            (1) The term ``concessioner'' means a person, corporation, 
        or other entity to whom a concession contract has been awarded.
            (2) The term ``concession contract'' means a contract or 
        permit (but not a commercial use authorization issued pursuant 
        to section 6) to provide facilities or services, or both, at a 
        park.
            (3) The term ``facilities'' means improvements to real 
        property within parks used to provide accommodations, 
        facilities, or services to park visitors.
            (4) The term ``park'' means a unit of the National Park 
        System.
            (5) The term ``proposal'' means the complete proposal for a 
        concession contract offered by a potential or existing 
        concessioner in response to the minimum requirements for the 
        contract established by the Secretary.
            (6) The term ``Secretary'' means the Secretary of the 
        Interior.
    (d) Repeal of Concession Policy Act of 1965.--
            (1) Repeal.--The Act of October 9, 1965, Public Law 89-249 
        (79 Stat. 969, 16 U.S.C. 20-20g), entitled ``An Act relating to 
        the establishment of concession policies administered in the 
        areas administered by the National Park Service and for other 
        purposes'', is hereby repealed. The repeal of such section 
        shall not affect the validity of any contract entered into 
        under such Act, but the provisions of this Act shall apply to 
        any such contract except to the extent such provisions are 
        inconsistent with the express terms and conditions of the 
        contract.
            (2) Conforming amendment.--The fourth sentence of section 3 
        of the Act of August 25, 1916 (16 U.S.C. 3; 39 Stat. 535) is 
        amended by striking all through ``no natural'' and inserting in 
        lieu thereof, ``No natural''.
    (e) Concession Policy.--Subject to the findings and policy stated 
in subsections (a) and (b), and upon a determination by the Secretary 
that facilities or services are necessary and appropriate for the 
accommodation of visitors at a park, the Secretary shall, consistent 
with the provisions of this section, laws relating generally to the 
administration and management of units of the National Park System, and 
the park's general management plan, concession plan, and other 
applicable plans, authorize private persons, corporations, or other 
entities to provide and operate such facilities or services as the 
Secretary deems necessary and appropriate.
    (f) Commercial Use Authorizations.--
            (1) In general.--To the extent specified in this section, 
        the Secretary, upon request, may authorize a private person, 
        corporation, or other entity to provide services to park 
        visitors through a commercial use authorization.
            (2) Criteria for issuance of authorization.--(A) The 
        authority of this subsection may be used only to authorize 
        provision of services that the Secretary determines will have 
        minimal impact on park resources and values and which are 
        consistent with the purposes for which the park was established 
        and with all applicable management plans for such park.
            (B) The Secretary--
                    (i) shall require payment of a reasonable fee for 
                issuance for an authorization under this subsection, 
                such fees to remain available without further 
                appropriation to be used, at a minimum, to recover 
                associated management and administration costs;
                    (ii) shall require that the provision of services 
                under such an authorization be accomplished in a manner 
                consistent to the highest practicable degree with the 
                preservation and conservation of park resources and 
                values;
                    (iii) shall take appropriate steps to limit the 
                liability of the United States arising from the 
                provision of services under such an authorization; and
                    (iv) shall have no authority under this subsection 
                to issue more authorizations than are consistent with 
                the preservation and proper management of park 
                resources and values, and shall establish such other 
                conditions for issuance of such an authorization as the 
                Secretary determines appropriate for the protection of 
                visitors, provision of adequate and appropriate visitor 
                services, and protection and proper management of the 
                resources and values of the park.
            (3) Limitations.--Any authorization issued under this 
        subsection shall be limited to--
                    (A) commercial operations with annual gross 
                revenues of not more than $25,000 resulting from 
                services originating and provided solely within a park 
                pursuant to such authorization; or
                    (B) the incidental use of park resources by 
                commercial operations which provide services 
                originating outside of the park's boundaries: Provided, 
                That such authorization shall not provide for the 
                construction of any structure, fixture, or improvement 
                on Federal lands within the park.
            (4) Duration.--The term of any authorization issued under 
        this subsection shall not exceed 2 years.
            (5) Other contracts.--A person, corporation, or other 
        entity seeking or obtaining an authorization pursuant to this 
        subsection shall not be precluded from also submitting 
        proposals for concession contracts.
    (g) Competitive Selection Process.--
            (1) In general.--(A) Except as provided in paragraph (2), 
        and consistent with the provisions of paragraph (7), any 
        concession contract entered into pursuant to this section shall 
        be awarded to the person, corporation, or other entity 
        submitting the best proposal as determined by the Secretary, 
        through a competitive selection process, as provided in this 
        section.
            (B)(i) As soon as practicable after the date of enactment 
        of this Act, the Secretary shall promulgate appropriate 
        regulations establishing the competitive selection process.
            (ii) The regulations shall include provisions for 
        establishing a procedure for the resolution of disputes between 
        the Secretary and a concessioner in those instances where the 
        Secretary has been unable to meet conditions or requirements or 
        provide such services, if any, as set forth in a prospectus 
        pursuant to paragraph (3).
            (2) Temporary contract.--Notwithstanding the provisions of 
        paragraph (1), the Secretary may award a temporary concession 
        contract in order to avoid interruption of services to the 
        public at a park, except that prior to making such a 
        determination, the Secretary shall take all reasonable and 
        appropriate steps to consider alternatives to avoid such an 
        interruption.
            (3) Prospectus.--(A)(i) Prior to soliciting proposals for a 
        concession contract at a park, the Secretary shall prepare a 
        prospectus soliciting proposals, and shall publish a notice of 
        its availability at least once in local or national newspapers 
        or trade publications, as appropriate, and shall make such 
        prospectus available upon request to all interested parties.
            (ii) A prospectus shall assign a weight to each factor 
        identified therein related to the importance of such factor in 
        the selection process. Points shall be awarded for each such 
        factor, based on the relative strength of the proposal 
        concerning that factor.
            (B) The prospectus shall include, but need not be limited 
        to, the following information--
                    (i) the minimum requirements for such contract, as 
                set forth in subsection (d);
                    (ii) the terms and conditions of the existing 
                concession contract awarded for such park, if any, 
                including all fees and other forms of compensation 
                provided to the United States by the concessioner;
                    (iii) other authorized facilities or services which 
                may be provided in a proposal;
                    (iv) facilities and services to be provided by the 
                Secretary to the concessioner, if any, including but 
                not limited to, public access, utilities, and 
                buildings;
                    (v) minimum public services to be offered within a 
                park by the Secretary, including but not limited to, 
                interpretive programs, campsites, and visitor centers; 
                and
                    (vi) such other information related to the proposed 
                concession operation as is provided to the Secretary 
                pursuant to a concession contract or is otherwise 
                available to the Secretary, as the Secretary determines 
                is necessary to allow for the submission of competitive 
                proposals.
            (4) Minimum Proposal Requirements.--(A) No proposal shall 
        be considered which fails to meet the minimum requirements as 
        determined by the Secretary. Such minimum requirements shall 
        include, but need not be limited to--
                    (i) the minimum acceptable franchise fee;
                    (ii) any facilities, services, or capital 
                investment required to be provided by the concessioner; 
                and
                    (iii) measures necessary to ensure the protection 
                and preservation of park resources.
            (B) The Secretary shall reject any proposal, 
        notwithstanding the franchise fee offered, if the Secretary 
        determines that the person, corporation, or entity is not 
        qualified, is likely to provide unsatisfactory service, or that 
        the proposal is not responsive to the objectives of protecting 
        and preserving park resources and of providing necessary and 
        appropriate facilities or services to the public at reasonable 
        rates.
            (C) If all proposals submitted to the Secretary either fail 
        to meet the minimum requirements or are rejected by the 
        Secretary, the Secretary shall establish new minimum contract 
        requirements and re-initiate the competitive selection process 
        pursuant to this section.
            (5) Selection of Best Proposal.--(A) In selecting the best 
        proposal, the Secretary shall consider the following principal 
        factors:
                    (i) the responsiveness of the proposal to the 
                objectives of protecting and preserving park resources 
                and of providing necessary and appropriate facilities 
                and services to the public at reasonable rates;
                    (ii) the experience and related background of the 
                person, corporation, or entity submitting the proposal, 
                including but not limited to, the past performance and 
                expertise of such person, corporation, or entity in 
                providing the same or similar facilities or services;
                    (iii) the financial capability of the person, 
                corporation, or entity submitting the proposal; and
                    (iv) the proposed franchise fee: Provided, That 
                consideration of revenue to the United States shall be 
                subordinate to the objectives of protecting and 
                preserving park resources and of providing necessary 
                and appropriate facilities or services to the public at 
                reasonable rates.
            (B) The Secretary may also consider such secondary factors 
        as the Secretary deems appropriate.
            (C) In developing regulations to implement this Act, the 
        Secretary shall consider the extent to which plans for 
        employment of Indians (including Native Alaskans) and 
        involvement of businesses owned by Indians, Indian tribes, or 
        Native Alaskans in the operation of concession contracts should 
        be identified as a factor in the selection of a best proposal 
        under this section.
            (6) Congressional notification.--(A) The Secretary shall 
        submit any proposed concession contract with anticipated annual 
        gross receipts in excess of $5,000,000 or a duration of 10 or 
        more years to the Committee on Resources of the United States 
        House of Representatives and the Committee on Energy and 
        Natural Resources of the United States Senate.
            (B) The Secretary shall not award any such proposed 
        contract until at least 60 days subsequent to the notification 
        of both Committees.
            (7) No preferential right of renewal.--(A) Except as 
        provided in subparagraph (B), the Secretary shall not grant a 
        preferential right to a concessioner to renew a concession 
        contract entered into pursuant to this section.
            (B)(i) The Secretary shall grant a preferential right of 
        renewal with respect to a concession contract covered by 
        paragraphs (8) and (9), subject to the requirements of the 
        appropriate subsection.
            (ii) As used in this paragraph, and paragraphs (8) and (9), 
        the term ``preferential right of renewal'' means that the 
        Secretary shall allow a concessioner satisfying the 
        requirements of this paragraph (and paragraphs (8) or (9), as 
        appropriate) the opportunity to match the terms and conditions 
        of any competing proposal which the Secretary determines to be 
        the best proposal.
            (iii) A concessioner who exercises a preferential right of 
        renewal in accordance with the requirements of this 
        subparagraph shall be entitled to award of the new concession 
        contract with respect to which such right is exercised.
            (8) Outfitting and guide contracts.--(A) The provisions of 
        paragraph (g)(2) shall apply only--
                    (i) to a concession contract--
                            (I) which solely authorizes a concessioner 
                        to provide outfitting, guide, river running, or 
                        other substantially similar services within a 
                        park; and
                            (II) which does not grant such concessioner 
                        any interest in any structure, fixture, or 
                        improvement pursuant to subsection (l); and
                    (ii) where the Secretary determines that the 
                concessioner has operated satisfactorily during the 
                term of the contract (including any extensions 
                thereof); and
                    (iii) where the Secretary determines that the 
                concessioner has submitted a responsive proposal for a 
                new contract which satisfies the minimum requirements 
                established by the Secretary pursuant to paragraph (4).
            (B) With respect to a concession contract (or extension 
        thereof) covered by this subsection which is in effect on the 
        date of enactment of this Act, the provisions of this paragraph 
        shall apply if the holder of such contact, under the laws and 
        policies in effect on the day before the date of enactment of 
        this Act, would have been entitled to a preferential right to 
        renew such contract upon its expiration.
            (9) Contracts with annual gross receipts under $500,000.--
        (A) The provisions of paragraph (7)(B) shall also apply to a 
        concession contract--
                    (i) which the Secretary estimates will result in 
                annual gross receipts of less than $500,000;
                    (ii) where the Secretary has determined that the 
                concessioner has operated satisfactorily during the 
                term of the contract (including any extensions 
                thereof); and
                    (iii) that the concessioner has submitted a 
                responsive proposal for a new concession contract which 
                satisfies the minimum requirements established by the 
                Secretary pursuant to paragraph (4).
            (B) The provisions of this paragraph shall not apply to a 
        concession contract which solely authorizes a concessioner to 
        provide outfitting, guide, river running, or other 
        substantially similar services within a park pursuant to 
        paragraph (8).
            (10) No preferential right to additional services.--The 
        Secretary shall not grant a preferential right to a 
        concessioner to provide new or additional services at a park.
    (h) Franchise Fees.--
            (1) In general.--Franchise fees shall not be less than the 
        minimum fee established by the Secretary for each contract. The 
        minimum fee shall be determined in a manner that will provide 
        the concessioner with a reasonable opportunity to realize a 
        profit on the operation as a whole, commensurate with the 
        capital invested and the obligations assumed under the 
        contract.
            (2) Multiple contracts within a park.--If multiple 
        concession contracts are awarded to authorize concessioners to 
        provide the same or similar outfitting, guide, river running, 
        or other similar services at the same approximate location or 
        resource within a specific park, the Secretary shall establish 
        an identical franchise fee for all such contracts, subject to 
        periodic review and revision by the Secretary. Such fee shall 
        reflect fair market value.
            (e) Adjustment of franchise fees.--The amount of any 
        franchise fee for the term of the concession contract shall be 
        specified in the concession contract and may only be modified 
        to reflect substantial changes from the conditions specified or 
        anticipated in the contract.
    (i) Use of Franchise Fees.--
            (1) Deposits to treasury.--All receipts collected pursuant 
        to this section shall be covered into a special account 
        established in the Treasury of the United States. Except as 
        provided in paragraph (2), amounts covered into such account in 
        a fiscal year shall be available for expenditure, subject to 
        appropriation, solely as follows:
                    (A) 50 percent shall be allocated among the units 
                of the National Park System in the same proportion as 
                franchise fees collected from a specific unit bears to 
                the total amount covered into the account for each 
                fiscal year, to be used for resource management and 
                protection, maintenance activities, interpretation, and 
                research.
                    (B) 50 percent shall be allocated among the units 
                of the National Park System on the basis of need, in a 
                manner to be determined by the Secretary, to be used 
                for resource management and protection, maintenance 
                activities, interpretation, and research.
            (2) Special account.--Beginning in fiscal year 1998, all 
        receipts collected in the previous year in excess of the 
        following amounts shall be made available from the special 
        account to the Secretary without further appropriation, to be 
        allocated among the units of the National Park System on the 
        basis of need, in a manner to be determined by the Secretary, 
        to be used for resource management and protection, maintenance 
        activities, interpretation, and research:
                    (A) $17,000,000 for fiscal year 1998.
                    (B) $18,000,000 for fiscal year 1999.
                    (C) $18,000,000 for fiscal year 2000.
                    (D) $18,000,000 for fiscal year 2001.
                    (E) $18,000,000 for fiscal year 2002.
            (3) Existing concessioner improvement funds.--Nothing in 
        this section shall affect or restrict the use of funds 
        maintained by a concessioner in an existing concessioner 
        improvement account pursuant to a concession contract in effect 
        as of the date of enactment of this Act. No new, renewed, or 
        extended contracts entered into after the date of enactment of 
        this Act shall provide for or authorize the use of such 
        concessioner improvement accounts.
            (4) Inspector general audits.--Beginning in fiscal year 
        1998, the Inspector General of the Department of the Interior 
        shall conduct a biennial audit of the concession fees generated 
        pursuant to this section. The Inspector General shall make a 
        determination as to whether concession fees are being collected 
        and expended in accordance with this Act and shall submit 
        copies of each audit to the Committee on Resources of the 
        United States House of Representatives and the Committee on 
        Energy and Natural Resources of the United States Senate.
    (j) Duration of Contract.--
            (1) Maximum term.--A concession contract entered into 
        pursuant to this section shall be awarded for a term not to 
        exceed 10 years: Provided, however, That the Secretary may 
        award a contract for a term of up to 20 years if the Secretary 
        determines that the contract terms and conditions necessitate a 
        longer term.
            (2) Temporary contract.--A temporary concession contract 
        awarded on a non-competitive basis pursuant to subsection 
        (f)(2) shall be for a term not to exceed 2 years.
    (k) Transfer of Contract.--
            (1) In General.--No concession contract may be transferred, 
        assigned, sold, or otherwise conveyed by a concessioner without 
        prior written notification to, and approval of the Secretary.
            (2) Approval of transfer.--The Secretary shall not 
        unreasonably withhold approval of a transfer, assignment, sale, 
        or conveyance of a concession contract, but shall not approve 
        the transfer, assignment, sale, or conveyance of a concession 
        contract to any individual, corporation or other entity if the 
        Secretary determines that--
                    (A) such individual, corporation or entity is, or 
                is likely to be, unable to completely satisfy all of 
                the requirements, terms, and conditions of the 
                contract;
                    (B) such transfer, assignment, sale or conveyance 
                is not consistent with the objectives of protecting and 
                preserving park resources, and of providing necessary 
                and appropriate facilities or services to the public at 
                reasonable rates;
                    (C) such transfer, assignment, sale, or conveyance 
                relates to a concession contract which does not provide 
                to the United States consideration commensurate with 
                the probable value of the privileges granted by the 
                contract; or
                    (D) the terms of such transfer, assignment, sale, 
                or conveyance directly or indirectly attribute a 
                significant value to intangible assets or otherwise may 
                so reduce the opportunity for a reasonable profit over 
                the remaining term of the contract that the United 
                States may be required to make substantial additional 
                expenditures in order to avoid interruption of services 
                to park visitors.
    (l) Protection of Concessioner Investment.--
            (1) Current contract.--(A) A concessioner who before the 
        date of the enactment of this Act has acquired or constructed, 
        or is required under an existing concession contract to 
        commence acquisition or construction of any structure, fixture, 
        or improvement upon land owned by the United States within a 
        park, pursuant to such contract, shall have a possessory 
        interest therein, to the extent provided by such contract.
            (B) Unless otherwise provided in such contract, said 
        possessory interest shall not be extinguished by the expiration 
        or termination of the contract and may not be taken for public 
        use without just compensation. Such possessory interest may be 
        assigned, transferred, encumbered, or relinquished.
            (C) Upon the termination of a concession contract in effect 
        before the date of enactment of this title, the Secretary shall 
        determine the value of any outstanding possesory interest 
        applicable to the contract, such value to be determined for all 
        purposes on the basis of applicable laws and contracts in 
        effect on the day before the date of enactment of this Act.
            (D) Nothing in this paragraph shall be construed to grant a 
        possessory interest to a concessioner whose contract in effect 
        on the date of enactment of this Act does not include 
        recognition of a possessory interest.
            (2) New contracts.--(A)(i) With respect to a concession 
        contract entered into on or after the date of enactment of this 
        Act, the value of any outstanding possessory interest 
        associated with such contract shall be set at the value 
        determined by the Secretary pursuant to paragraph (1)(C).
            (ii) As a condition of entering into a concession contract, 
        the value of any outstanding possessory interest shall be 
        reduced on an annual basis, in equal portions, over the same 
        number of years as the time period associated with the straight 
        line depreciation of the structure, fixture, or improvement 
        associated with such possessory interest, as provided by 
        applicable Federal income tax laws and regulations in effect on 
        the day before the date of enactment of this Act.
            (iii) In the event that the contract expires or is 
        terminated prior to the elimination of any outstanding 
        possessory interest, the concessioner shall be entitled to 
        receive from the United States or the successor concessioner 
        payment equal to the remaining value of the possessory 
        interest.
            (iv) A successor concessioner may not revalue any 
        outstanding possessory interest, nor the period of time over 
        which such interest is reduced.
            (v) Title to any structure, fixture, or improvement 
        associated with any outstanding possessory interest shall be 
        vested in the United States.
            (B)(i) If the Secretary determines during the competitive 
        selection process that all proposals submitted either fail to 
        meet the minimum requirements or are rejected (as provided in 
        subsection (g)), the Secretary may, solely with respect to any 
        outstanding possessory interest associated with the contract 
        and established pursuant to a concession contract entered into 
        prior to the date of enactment of this Act, suspend the 
        reduction provisions of paragraph (2)(A)(i) for the duration of 
        the contract, and re-initiate the competitive selection process 
        as provided in subsection (g).
            (ii) The Secretary may suspend such reduction provisions 
        only if the Secretary determines that the establishment of 
        other new minimum contract requirements is not likely to result 
        in the submission of satisfactory proposals, and that the 
        suspension of the reduction provisions is likely to result in 
        the submission of satisfactory proposals: Provided, however, 
        That nothing in this paragraph shall be construed to require 
        the Secretary to establish a minimum franchise fee at a level 
        below the franchise fee in effect for such contract on the day 
        before the expiration date of the previous contract.
            (3) New structures.--(A) On or after the date of enactment 
        of this Act, a concessioner who constructs or acquires a new, 
        additional, or replacement structure, fixture, or improvement 
        upon land owned by the United States within a park, pursuant to 
        a concession contract, shall have an interest in such 
        structure, fixture, or improvement equivalent to the actual 
        original cost of acquiring or constructing such structure, 
        fixture, or improvement, less straight line depreciation over 
        the estimated useful life of the asset according to Generally 
        Accepted Accounting Principles: Provided, That in no event 
        shall the estimated useful life of such asset exceed the 
        depreciation period used for such asset for Federal income tax 
        purposes.
            (B) In the event that the contract expires or is terminated 
        prior to the recovery of such costs, the concessioner shall be 
        entitled to receive from the United States or the successor 
        concessioner payment equal to the value of the concessioner's 
        interest in such structure, fixture, or improvement. A 
        successor concessioner may not revalue the interest in such 
        structure, fixture, or improvement, the method of depreciation, 
        or the estimated useful life of the asset.
            (C) Title to any such structure, fixture, or improvement 
        shall be vested in the United States.
            (4) Insurance, maintenance, and repair.--Nothing in this 
        subsection shall affect the obligation of a concessioner to 
        insure, maintain, and repair any structure, fixture, or 
        improvement assigned to such concessioner and to insure that 
        such structure, fixture, or improvement fully complies with 
        applicable safety and health laws and regulations.
    (m) Rates and Charges to Public.--The reasonableness of a 
concessioner's rates and charges to the public shall, unless otherwise 
provided in the bid specifications and contract, be judged primarily by 
comparison with those rates and charges for facilities and services of 
comparable character under similar conditions, with due consideration 
for length of season, seasonal variance, average percentage of 
occupancy, accessibility, availability and costs of labor and 
materials, type of patronage, and other factors deemed significant by 
the Secretary.
    (n) Concessioner Performance Evaluation.--
            (1) Regulations.--As soon as practicable after the date of 
        enactment of this Act, the Secretary shall publish, after an 
        appropriate period for public comment, regulations establishing 
        standards and criteria for evaluating the performance of 
        concessions operating within parks.
            (2) Periodic Evaluation.--(A) The Secretary shall 
        periodically conduct an evaluation of each concessioner 
        operating under a concession contract pursuant to this Act, as 
        appropriate, to determine whether such concessioner has 
        performed satisfactorily. In evaluating a concessioner's 
        performance, the Secretary shall seek and consider applicable 
        reports and comments from appropriate Federal, State, and local 
        regulatory agencies, and shall seek and consider the applicable 
        views of park visitors and concession customers. If the 
        Secretary's performance evaluation results in an unsatisfactory 
        rating of the concessioner's overall operation, the Secretary 
        shall provide the concessioner with a list of the minimum 
        requirements necessary for the operation to be rated 
        satisfactory, and shall so notify the concessioner in writing.
            (B) The Secretary may terminate a concession contract if 
        the concessioner fails to meet the minimum operational 
        requirements identified by the Secretary within the time 
        limitations established by the Secretary at the time notice of 
        the unsatisfactory rating is provided to the concessioner.
            (C) If the Secretary terminates a concession contract 
        pursuant to this section, the Secretary shall solicit proposals 
        for a new contract consistent with the provisions of this Act.
    (o) Recordkeeping Requirements.--
            (1) In general.--Each concessioner shall keep such records 
        as the Secretary may prescribe to enable the Secretary to 
        determine that all terms of the concessioner's contract have 
        been, and are being faithfully performed, and the Secretary or 
        any of the Secretary's duly authorized representatives shall, 
        for the purpose of audit and examination, have access to such 
        records and to other books, documents, and papers of the 
        concessioner pertinent to the contract and all the terms and 
        conditions thereof as the Secretary deems necessary.
            (2) General accounting office review.--The Comptroller 
        General of the United States or any of his or her duly 
        authorized representatives shall, until the expiration of five 
        calendar years after the close of the business year for each 
        concessioner, have access to and the right to examine any 
        pertinent books, documents, papers, and records of the 
        concessioner related to the contracts or contracts involved.
    (p) Exemption From Certain Lease Requirements.--The provisions of 
section 321 of the Act of June 30, 1932 (47 Stat. 412; 40 U.S.C. 303b), 
relating to the leasing of buildings and properties of the United 
States, shall not apply to contracts awarded by the Secretary pursuant 
to this section.
    (q) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as may be necessary to carry out this Act.

SEC. 321. FEDERAL AVIATION ADMINISTRATION USER FEES.

    (a) User Funding of the Federal Aviation Administration.--Section 
48104(a) of title 49, United States Code, is amended--
            (1) in paragraph (1), by striking ``; and'' and inserting a 
        semicolon;
            (2) in paragraph (2), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(3) any cost incurred by the Federal Aviation 
        Administration after September 30, 1999, that is authorized by 
        law.''.
    (b) Cost Recovery for Foreign Aviation Services and Clarification 
of Overflight Fee Authority.--Section 45301 of title 49, United States 
Code, is amended--
            (1) in subsection (a)(2), by inserting ``or to any entity 
        obtaining services outside the United States'' before the 
        period; and
            (2) by striking the period after ``rendered'' and inserting 
        ``, including both direct and indirect costs, as determined by 
        the Administrator, using generally accepted accounting 
        principles and internationally accepted economic principles.''.
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