[Congressional Record Volume 143, Number 95 (Tuesday, July 8, 1997)]
[House]
[Pages H4914-H4918]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 6 of rule XXIII, proposed amendments were submitted as 
follows:

                                H.R. 858

                    Offered By: Mr. Young of Alaska

               (Amendment in the Nature of a Substitute)

       Amendment No. 1: Strike all after the enacting clause and 
     insert the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Quincy Library Group Forest 
     Recovery and Economic Stability Act of 1997''.

     SEC. 2. PILOT PROJECT FOR PLUMAS, LASSEN, AND TAHOE NATIONAL 
                   FORESTS TO IMPLEMENT QUINCY LIBRARY GROUP 
                   PROPOSAL.

       (a) Definition.--For purposes of this section, the term 
     ``Quincy Library Group-Community Stability Proposal'' means 
     the agreement by a coalition of representatives of fisheries, 
     timber, environmental, county government, citizen groups, and 
     local communities that formed in northern California to 
     develop a resource management program that promotes ecologic 
     and economic health for certain Federal lands and communities 
     in the Sierra Nevada area. Such proposal includes the map 
     entitled ``QUINCY LIBRARY GROUP Community Stability 
     Proposal'', dated June 1993, and prepared by VESTRA Resources 
     of Redding, California.
       (b) Pilot Project Required.--
       (1) Pilot project and purpose.--The Secretary of 
     Agriculture (in this section referred to as the 
     ``Secretary''), acting through the Forest Service, shall 
     conduct a pilot project on the Federal lands described in 
     paragraph (2) to implement and demonstrate the effectiveness 
     of the resource management activities described in subsection 
     (d) and the other requirements of this section, as 
     recommended in the Quincy Library Group-Community Stability 
     Proposal.
       (2) Pilot project area.--The Secretary shall conduct the 
     pilot project on the Federal lands within Plumas National 
     Forest, Lassen National Forest, and the Sierraville Ranger 
     District of Tahoe National Forest in the State of California 
     designated as ``Available for Group Selection'' on the map 
     entitled ``QUINCY LIBRARY GROUP Community Stability 
     Proposal'', dated June 1993 (in this section referred to as 
     the ``pilot project area''). Such map shall be on file and 
     available for inspection in the appropriate offices of the 
     Forest Service.
       (c) Exclusion of Certain Lands and Riparian Protection.--
       (1) Exclusion.--All spotted owl habitat areas and protected 
     activity centers located within the pilot project area 
     designated under subsection (b)(2) will be deferred from 
     resource management activities required under subsection (d) 
     and timber harvesting during the term of the pilot project.
       (2) Riparian protection.--
       (A) In general.--The Scientific Analysis Team guidelines 
     for riparian system protection described in subparagraph (B) 
     shall apply to all resource management activities conducted 
     under subsection (d) and all timber harvesting activities 
     that occur in the pilot project area during the term of the 
     pilot project.
       (B) Guidelines described.--The guidelines referred to in 
     subparagraph (A) are those in the document entitled 
     ``Viability Assessments and Management Considerations for 
     Species Associated with Late-Successional and Old-Growth 
     Forests of the Pacific Northwest'', a Forest Service research 
     document dated March 1993 and co-authored by the Scientific 
     Analysis Team, including Dr. Jack Ward Thomas.
       (3) Riparian restoration.--During any fiscal year in which 
     the resource management activities required by subsection (d) 
     result in net revenues, the Secretary shall recommend to the 
     authorization and appropriation committees that up to 25 
     percent of such net revenues be made available in the 
     subsequent fiscal year for riparian restoration projects that 
     are consistent with the Quincy Library Group-Community 
     Stability Proposal within the Plumas National Forest, the 
     Lassen National Forest, and the Sierraville Ranger District 
     of the Tahoe National Forest. For purposes of this paragraph, 
     net revenues are the revenues derived from activities 
     required by subsection (d), less expenses incurred to 
     undertake such activities (including 25 percent payment to 
     the State of California under the Act of May 23, 1908 
     (Chapter 192; 35 Stat. 259; 16 U.S.C. 500, 553, 556d).
       (d) Resource Management Activities.--During the term of the 
     pilot project, the Secretary shall implement and carry out 
     the following resource management activities on an acreage 
     basis on the Federal lands included within the pilot project 
     area designated under subsection (b)(2):
       (1) Fuelbreak construction.--Construction of a strategic 
     system of defensible fuel profile zones, including shaded 
     fuelbreaks, utilizing thinning, individual tree selection, 
     and other methods of vegetation management consistent with 
     the Quincy Library Group-Community Stability Proposal, on not 
     less than 40,000, but not more than 60,000, acres per year.
       (2) Group selection and individual tree selection.--
     Utilization of group selection and individual tree selection 
     uneven-aged forest management prescriptions described in the 
     Quincy Library Group-Community Stability Proposal to achieve 
     a desired future condition of all-age, multistory, fire 
     resilient forests as follows:
       (A) Group selection.--Group selection on an average acreage 
     of .57 percent of the pilot project area land each year of 
     the pilot project.
       (B) Individual tree selection.--Individual tree selection 
     may also be utilized within the pilot project area.
       (3) Total acreage.--The total acreage on which resource 
     management activities are implemented under this subsection 
     shall not exceed 70,000 acres each year.
       (e) Cost-Effectiveness.--In conducting the pilot project, 
     Secretary shall use the most cost-effective means available, 
     as determined by the Secretary, to implement resource 
     management activities described in subsection (d).
       (f) Effect on Multiple Use Activities.--The Secretary shall 
     not rely on the resource management activities described in 
     subsection (d) as a basis for administrative action limiting 
     other multiple use activities in the Plumas National Forest, 
     the Lassen National Forest, and the Tahoe National Forest.
       (g) Funding.--
       (1) Source of funds.--In conducting the pilot project, the 
     Secretary shall use--
       (A) those funds specifically provided to the Forest Service 
     by the Secretary to implement resource management activities 
     according to the Quincy Library Group-Community Stability 
     Proposal; and
       (B) excess funds that are allocated for the administration 
     and management of Plumas National Forest, Lassen National 
     Forest, and the Sierraville Ranger District of Tahoe National 
     Forest.
       (2) Prohibition on use of certain funds.--The Secretary may 
     not conduct the pilot project using funds appropriated for 
     any other unit of the National Forest System.
       (3) Flexibility.--During the term of the pilot project, the 
     forest supervisors of Plumas National Forest, Lassen National 
     Forest, and Tahoe National Forest may allocate and use all 
     accounts that contain excess funds and all available excess 
     funds for the administration and management of Plumas 
     National Forest, Lassen National Forest, and the Sierraville 
     Ranger District of Tahoe National Forest to perform the 
     resource management activities described in subsection (d).
       (4) Restriction.--The Secretary or the forest supervisors, 
     as the case may be, shall not utilize authority provided 
     under paragraphs (1)(B) and (3) if, in their judgment, doing 
     so will limit other nontimber related multiple use activities 
     for which such funds were available.
       (5) Overhead.--Of amounts available to carry out this 
     section--
       (A) not more than 12 percent may be used or allocated for 
     general administration or other overhead; and
       (B) at least 88 percent shall be used to implement and 
     carry out activities required by this section.
       (6) Authorized supplemental funds.--There are authorized to 
     be appropriated to implement and carry out the pilot project 
     such sums as are necessary.
       (h) Term of Pilot Project.--The Secretary shall conduct the 
     pilot project during the period beginning on the date of the 
     enactment of this Act and ending on the later of the 
     following:
       (1) The date on which the Secretary completes amendment or 
     revision of the land and resource management plans for Plumas 
     National Forest, Lassen National Forest, and Tahoe National 
     Forest pursuant to subsection (j).
       (2) The date that is five years after the date of the 
     commencement of the pilot project.
       (i) Expeditious Implementation and Environmental Law 
     Compliance.--

[[Page H4915]]

       (1) Environmental law requirement.--All environmental 
     impact statements for which a final record of decision is 
     required to be prepared in accordance with this subsection, 
     and all records of decision adopted under this subsection, 
     shall comply with applicable environmental laws and the 
     standards and guidelines for the conservation of the 
     California spotted owl as set forth in the California Spotted 
     Owl Province Interim Guidelines issued by the Forest Service, 
     and subsequently issued final standards and guidelines that 
     modify such interim guidelines when such final standards and 
     guidelines become effective.
       (2) Environmental impact statement for pilot project and 
     first increment.--Not later than the expiration of the 150-
     day period beginning on the date of the enactment of this 
     Act, the Regional Forester for Region 5 shall, after a 45-day 
     period for public comment on the draft environmental impact 
     statement under section 102(2)(C) of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) for 
     all of the pilot project area specified in subsection (b)(2) 
     that covers the resource management activities required by 
     subsection (d) for the 5-year duration of the pilot project--
       (A) adopt a final record of decision for that statement; 
     and
       (B) include as part of that statement a project level 
     analysis of the specific resource management activities 
     required by subsection (d) that will be carried out in an 
     area within the pilot project area during the increment of 
     the pilot project that begins on the day that is 150 days 
     after enactment of this Act and ends December 31, 1998.
       (3) Subsequent yearly environmental documents.--Not later 
     than January 1 of 1999 and of each year thereafter throughout 
     the term of the pilot project, the Regional Forester for 
     Region 5 shall, after a 45-day public comment period, adopt a 
     final record of decision for the environmental impact 
     statement under section 102(2)(C) of the National 
     Environmental Policy Act of 1969 consisting of a project 
     level analysis of the specific resource management activities 
     required by subsection (d) that will be carried out during 
     that year. A statement prepared under this paragraph shall be 
     tiered where appropriate to the environmental impact 
     statement referred to in paragraph (2), in accordance with 
     regulations issued by the Council on Environmental Quality.
       (4) Consultation.--Each statement and analysis required by 
     paragraphs (2) and (3) shall be prepared in consultation with 
     the Quincy Library Group.
       (5) Forest service focus.--
       (A) In general.--The Regional Forester for Region 5 shall 
     direct that, during the period described in subparagraph 
     (B)--
       (i) any resource management activity required by subsection 
     (d), all road building, and all timber harvesting activities 
     shall not be conducted on the Federal lands within the Plumas 
     National Forest, Lassen National Forest, and Sierraville 
     Ranger District of the Tahoe National Forest in the State of 
     California that are designated as either ``Off Base'' or 
     ``Deferred'' on the map referred to in subsection (a); and
       (ii) excess financial and human resources available to 
     National Forests and Ranger Districts that are participating 
     in the pilot project shall be applied to achieve the resource 
     management activities required by subsection (d) and the 
     other requirements of this section within the pilot project 
     area specified in subsection (b)(2).
       (B) Period described.--The period referred to in 
     subparagraph (A) is when the resource management activities 
     required by subsection (d) are being carried out, or are 
     eligible to be carried out, on the ground on a schedule that 
     will meet the yearly acreage requirements of subsection (d) 
     and under environmental documentation that is timely prepared 
     under the schedule established by paragraphs (2) and (3).
       (6) Protection of existing wilderness.--This section shall 
     not be construed to authorize any resource management 
     activity in any area required to be managed as part of the 
     National Wilderness Preservation System.
       (7) Contracting.--The Forest Service, subject to the 
     availability of appropriations, may carry out any (or all) of 
     the requirements of this section using private contracts.
       (j) Corresponding Forest Plan Amendments.--Within 180 days 
     after the date of the enactment of this Act, the Regional 
     Forester for Region 5 shall initiate the process to amend or 
     revise the land and resource management plans for Plumas 
     National Forest, Lassen National Forest, and Tahoe National 
     Forest. The process shall include preparation of at least one 
     alternative that--
       (1) incorporates the pilot project and area designations 
     made by subsection (b), the resource management activities 
     described in subsection (d), and other aspects of the Quincy 
     Library Group Community Stability Proposal; and
       (2) makes other changes warranted by the analyses conducted 
     in compliance with section 102(2) of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4332(2)), section 
     6 of the Forest and Rangeland Renewable Resources Planning 
     Act of 1974 (16 U.S.C. 1604), and other applicable laws.
       (k) Reporting Requirements.--
       (1) In general.--Not later than February 28 of each year 
     during the term of the pilot project, the Secretary after 
     consultation with the Quincy Library Group, shall submit to 
     Congress a report on the status of the pilot project. The 
     report shall include at least the following:
       (A) A complete accounting of the use of funds made 
     available under subsection (g)(1)(A) until such funds are 
     fully expended.
       (B) A complete accounting of the use of funds and accounts 
     made available under subsection (g)(1) for the previous 
     fiscal year, including a schedule of the amounts drawn from 
     each account used to perform resource management activities 
     described in subsection (d).
       (C) A description of total acres treated for each of the 
     resource management activities required under subsection (d), 
     forest health improvements, fire risk reductions, water yield 
     increases, and other natural resources-related benefits 
     achieved by the implementation of the resource management 
     activities described in subsection (d).
       (D) A description of the economic benefits to local 
     communities achieved by the implementation of the pilot 
     project.
       (E) A comparison of the revenues generated by, and costs 
     incurred in, the implementation of the resource management 
     activities described in subsection (d) on the Federal lands 
     included in the pilot project area with the revenues and 
     costs during each of the fiscal years 1992 through 1997 for 
     timber management of such lands before their inclusion in the 
     pilot project.
       (F) A schedule for the resource management activities to be 
     undertaken in the pilot project area during the calendar 
     year.
       (2) Limitation on expenditures.--The amount of Federal 
     funds expended on each annual report under this subsection 
     shall not exceed $50,000.
       (l) Final Report.--
       (1) In general.--Beginning after completion of 6 months of 
     the second year of the pilot project, the Secretary shall 
     compile a science-based assessment of, and report on, the 
     effectiveness of the pilot project in meeting the stated 
     goals of this pilot project. Such assessment and report--
       (A) shall include watershed monitoring of lands treated 
     under this section, that should address the following issues 
     on a priority basis: timing of water releases, water quality 
     changes, and water yield changes over the short and long term 
     in the pilot project area;
       (B) shall be compiled in consultation with the Quincy 
     Library Group; and
       (C) shall be submitted to the Congress by July 1, 2002.
       (2) Limitations on expenditures.--The amount of Federal 
     funds expended for the assessment and report under this 
     subsection, other than for watershed monitoring under 
     paragraph (1)(A), shall not exceed $150,000. The amount of 
     Federal funds expended for watershed monitoring under 
     paragraph (1)(A) shall not exceed $75,000 for each of fiscal 
     years 2000, 2001, and 2002.
       (m) Relationship to Other Laws.--Nothing in this section 
     exempts the pilot project from any Federal environmental law.

                                H.R. 858

                  Offered by Mr. Miller of California

               (Amendment in the Nature of a Substitute)

       Amendment No. 2: Strike all after the enacting clause and 
     insert the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Quincy Library Group Forest 
     Recovery and Economic Stability Act of 1997''.

     SEC. 2. PILOT PROJECT FOR PLUMAS, LASSEN, AND TAHOE NATIONAL 
                   FORESTS TO IMPLEMENT QUINCY LIBRARY GROUP 
                   PROPOSAL.

       (a) Definition.--For purposes of this section, the term 
     ``Quincy Library Group-Community Stability Proposal'' means 
     the agreement by a coalition of representatives of fisheries, 
     timber, environmental, county government, citizen groups, and 
     local communities that formed in northern California to 
     develop a resource management program that promotes ecologic 
     and economic health for certain Federal lands and communities 
     in the Sierra Nevada area. Such proposal includes the map 
     entitled ``QUINCY LIBRARY GROUP Community Stability 
     Proposal'', dated June 1993, and prepared by VESTRA Resources 
     of Redding, California.
       (b) Pilot Project Required.--
       (1) Pilot project and purpose.--The Secretary of 
     Agriculture (in this section referred to as the 
     ``Secretary''), acting through the Forest Service and after 
     completion of an environmental impact statement, shall 
     conduct a pilot project on the Federal lands described in 
     paragraph (2) to implement and demonstrate the effectiveness 
     of the resource management activities described in subsection 
     (d) and the other requirements of this section, as 
     recommended in the Quincy Library Group-Community Stability 
     Proposal.
       (2) Pilot project area.--The Secretary shall conduct the 
     pilot project on the Federal lands within Plumas National 
     Forest, Lassen National Forest, and the Sierraville Ranger 
     District of Tahoe National Forest in the State of California 
     designated as ``Available for Group Selection'' on the map 
     entitled ``QUINCY LIBRARY GROUP Community Stability 
     Proposal'', dated June 1993 (in this section referred to as 
     the ``pilot project area''). Such map shall be on file and 
     available for inspection in the appropriate offices of the 
     Forest Service.
       (c) Exclusion of Certain Lands and Riparian Protection.--
       (1) Exclusion.--All spotted owl habitat areas and protected 
     activity centers located within the pilot project area 
     designated

[[Page H4916]]

     under subsection (b)(2) will be deferred from resource 
     management activities required under subsection (d) and 
     timber harvesting during the term of the pilot project.
       (2) Riparian protection.--
       (A) In general.--The Scientific Analysis Team guidelines 
     for riparian system protection described in subparagraph (B) 
     shall apply to all resource management activities conducted 
     under subsection (d) and all timber harvesting activities 
     that occur in the pilot project area during the term of the 
     pilot project.
       (B) Guidelines described.--The guidelines referred to in 
     subparagraph (A) are those in the document entitled 
     ``Viability Assessments and Management Considerations for 
     Species Associated with Late-Successional and Old-Growth 
     Forests of the Pacific Northwest'', a Forest Service research 
     document dated March 1993 and co-authored by the Scientific 
     Analysis Team, including Dr. Jack Ward Thomas.
       (d) Resource Management Activities.--During the term of the 
     pilot project, the Secretary shall, to the extent consistent 
     with applicable Federal law and the standards and guidelines 
     for the conservation of the California Spotted Owl as set 
     forth in the California Spotted Owl Sierran Province Interim 
     Guidelines, implement and carry out the following resource 
     management activities on the Federal lands included within 
     the pilot project area under subsection (b)(2):
       (1) Fuelbreak construction.--Construction of a strategic 
     system of defensible fuel profile zones, including shaded 
     fuelbreaks, utilizing thinning, individual tree selection, 
     and other methods of vegetation management consistent with 
     the Quincy Library Group-Community Stability Proposal, on not 
     less than 40,000, but not more than 60,000, acres per year.
       (2) Group selection and individual tree selection.--
     Utilization of group selection and individual tree selection 
     uneven-aged forest management prescriptions described in the 
     Quincy Library Group-Community Stability Proposal to achieve 
     a desired future condition of all-age, multistory, fire 
     resilient forests as follows:
       (A) Group selection.--Group selection on an average acreage 
     of .57 percent of the pilot project area land each year of 
     the pilot project.
       (B) Individual tree selection.--Individual tree selection 
     may also be utilized within the pilot project area.
       (3) Total acreage.--The total acreage on which resource 
     management activities are implemented under this subsection 
     shall not exceed 70,000 acres each year.
       (4) Riparian management.--A program of riparian management, 
     including wide protection zones and an active restoration 
     effort.
       (e) Cost-Effectiveness.--In conducting the pilot project, 
     Secretary shall use the most cost-effective means available, 
     as determined by the Secretary, to implement resource 
     management activities described in subsection (d).
       (f) Funding.--
       (1) Source of funds.--In conducting the pilot project, the 
     Secretary shall use--
       (A) those funds specifically provided to the Forest Service 
     by the Secretary to implement resource management activities 
     according to the Quincy Library Group-Community Stability 
     Proposal; and
       (B) excess funds that are allocated for the administration 
     and management of Plumas National Forest, Lassen National 
     Forest, and the Sierraville Ranger District of Tahoe National 
     Forest.
       (2) Prohibition on use of certain funds.--The Secretary may 
     not conduct the pilot project using funds appropriated for 
     any other unit of the National Forest System.
       (3) Flexibility.--During the term of the pilot project, the 
     forest supervisors of Plumas National Forest, Lassen National 
     Forest, and Tahoe National Forest may allocate and use all 
     accounts that contain excess funds and all available excess 
     funds for the administration and management of Plumas 
     National Forest, Lassen National Forest, and the Sierraville 
     Ranger District of Tahoe National Forest to perform the 
     resource management activities described in subsection (d).
       (4) Restriction.--The Secretary or the forest supervisors, 
     as the case may be, shall not utilize authority provided 
     under paragraphs (1)(B) and (3) if, in their judgment, doing 
     so will limit other nontimber related multiple use activities 
     for which such funds were available.
       (5) Overhead.--Of amounts available to carry out this 
     section--
       (A) not more than 12 percent may be used or allocated for 
     general administration or other overhead; and
       (B) at least 88 percent shall be used to implement and 
     carry out activities required by this section.
       (6) Authorized supplemental funds.--There are authorized to 
     be appropriated to implement and carry out the pilot project 
     such sums as are necessary.
       (g) Term of Pilot Project.--The Secretary shall conduct the 
     pilot project during the period beginning on the date of the 
     enactment of this Act and ending on the earlier of the 
     following:
       (1) The date on which the Secretary completes amendment or 
     revision of the land and resource management plans for Plumas 
     National Forest, Lassen National Forest, and Tahoe National 
     Forest pursuant to subsection (h).
       (2) The date that is five years after the date of the 
     commencement of the pilot project.
       (h) Corresponding Forest Plan Amendments.--Within 180 days 
     after the date of the enactment of this Act, the Regional 
     Forester for Region 5 shall initiate the process to amend or 
     revise the land and resource management plans for Plumas 
     National Forest, Lassen National Forest, and Tahoe National 
     Forest. The process shall include preparation of at least one 
     alternative that--
       (1) incorporates the pilot project and area designations 
     made by subsection (b), the resource management activities 
     described in subsection (d), and other aspects of the Quincy 
     Library Group Community Stability Proposal; and
       (2) makes other changes warranted by the analyses conducted 
     in compliance with section 102(2) of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4332(2)), section 
     6 of the Forest and Rangeland Renewable Resources Planning 
     Act of 1974 (16 U.S.C. 1604), and other applicable laws.
       (i) Reporting Requirements.--
       (1) In general.--Not later than February 28 of each year 
     during the term of the pilot project, the Secretary after 
     consultation with the Quincy Library Group, shall submit to 
     Congress a report on the status of the pilot project. The 
     report shall include at least the following:
       (A) A complete accounting of the use of funds made 
     available under subsection (f)(1)(A) until such funds are 
     fully expended.
       (B) A complete accounting of the use of funds and accounts 
     made available under subsection (f)(1) for the previous 
     fiscal year, including a schedule of the amounts drawn from 
     each account used to perform resource management activities 
     described in subsection (d).
       (C) A description of total acres treated for each of the 
     resource management activities required under subsection (d), 
     forest health improvements, fire risk reductions, water yield 
     increases, and other natural resources-related benefits 
     achieved by the implementation of the resource management 
     activities described in subsection (d).
       (D) A description of the economic benefits to local 
     communities achieved by the implementation of the pilot 
     project.
       (E) A comparison of the revenues generated by, and costs 
     incurred in, the implementation of the resource management 
     activities described in subsection (d) on the Federal lands 
     included in the pilot project area with the revenues and 
     costs during each of the fiscal years 1992 through 1997 for 
     timber management of such lands before their inclusion in the 
     pilot project.
       (F) A schedule for the resource management activities to be 
     undertaken in the pilot project area during the calendar 
     year.
       (2) Limitation on expenditures.--The amount of Federal 
     funds expended on each annual report under this subsection 
     shall not exceed $50,000.
       (j) Final Report.--
       (1) In general.--Beginning after completion of 6 months of 
     the second year of the pilot project, the Secretary shall 
     compile a science-based assessment of, and report on, the 
     effectiveness of the pilot project in meeting the stated 
     goals of this pilot project. Such assessment and report--
       (A) shall include watershed monitoring of lands treated 
     under this section, that should address the following issues 
     on a priority basis: timing of water releases, water quality 
     changes, and water yield changes over the short and long term 
     in the pilot project area;
       (B) shall be compiled in consultation with the Quincy 
     Library Group; and
       (C) shall be submitted to the Congress by July 1, 2002.
       (2) Limitations on expenditures.--The amount of Federal 
     funds expended for the assessment and report under this 
     subsection, other than for watershed monitoring under 
     paragraph (1)(A), shall not exceed $150,000. The amount of 
     Federal funds expended for watershed monitoring under 
     paragraph (1)(A) shall not exceed $75,000 for each of fiscal 
     years 2000, 2001, and 2002.
       (k) Relationship to Other Laws.--Nothing in this section 
     exempts the pilot project from any Federal environmental law.

                               H.R. 1775

                        Offered By: Mr. Conyers

       Amendment No. 2: Page 10, after line 15, insert the 
     following new section:

     SEC. 306. ANNUAL STATEMENT OF THE TOTAL AMOUNT OF 
                   INTELLIGENCE EXPENDITURES FOR THE CURRENT AND 
                   SUCCEEDING FISCAL YEARS.

       At the time of submission of the budget of the United 
     States Government submitted for fiscal year 1999 under 
     section 1105(a) of title 31, United States Code, and for each 
     fiscal year thereafter, the President shall submit to 
     Congress a separate, unclassified statement of the 
     appropriations and proposed appropriations for the current 
     fiscal year, and the amount of appropriations requested for 
     the fiscal year for which the budget is submitted, for 
     national and tactical intelligence activities, including 
     activities carried out under the budget of the Department of 
     Defense to collect, analyze, produce, disseminate, or support 
     the collection of intelligence.

                               H.R. 1775

                 Offered By: Mr. Frank of Massachusetts

       Amendment No. 3: Page 6, after line 24, insert the 
     following new section:

     SEC. 105. REDUCTION IN FISCAL YEAR 1998 INTELLIGENCE BUDGET.

       (a) Reduction.--The amount obligated for activities for 
     which funds are authorized to

[[Page H4917]]

     be appropriated by this Act (including the classified 
     Schedule of Authorizations referred to in section 102(a)) may 
     not exceed--
       (1) the amount that the bill H.R. 1775, as reported in the 
     House of Representatives in the 105th Congress, authorizes 
     for such activities for fiscal year 1998, reduced by
       (2) the amount equal to 0.7 percent of such authorization.
       (b) Exception.--The amounts appropriated pursuant to 
     section 201 for the Central Intelligence Agency Retirement 
     and Disability Fund may not be reduced by reason of 
     subsection (a).
       (c) Transfer and Reprogramming Authority.--(1) The 
     President, in consultation with the Director of Central 
     Intelligence and the Secretary of Defense, may apply the 
     limitation required by subsection (a) by transferring amounts 
     among accounts or reprogramming amounts within an account, as 
     specified in the classified Schedule of Authorizations 
     referred to in section 102(a).
       (2) Before carrying out paragraph (1), the President shall 
     submit a notification to the Permanent Select Committee on 
     Intelligence of the House of Representatives and the Select 
     Committee on Intelligence of the Senate, which notification 
     shall include the reasons for each proposed transfer or 
     reprogramming.

                               H.R. 1775

                        Offered By: Mr. McCollum

       Amendment No. 4: Page 10, after line 15, insert the 
     following new section:

     SEC. 306. REPORT ON INTELLIGENCE ACTIVITIES OF THE PEOPLE'S 
                   REPUBLIC OF CHINA.

       (a) Report to Congress.--Not later than 1 year after the 
     date of the enactment of this Act and annually thereafter, 
     the Director of Central Intelligence and the Director of the 
     Federal Bureau of Investigation, jointly, in consultation 
     with the heads of other appropriate Federal agencies, 
     including the National Security Agency, and the Departments 
     of Defense, Justice, Treasury, and State, shall prepare and 
     transmit to the Congress a report on intelligence activities 
     of the People's Republic of China, directed against or 
     affecting the interests of the United States.
       (b) Delivery of Report.--The Director of Central 
     Intelligence and the Director of the Federal Bureau of 
     Investigation, jointly, shall transmit classified and 
     unclassified versions of the report to the Speaker and 
     minority leader of the House of Representatives, the majority 
     and minority leaders of the Senate, the Chairman and Ranking 
     Member of the Permanent Select Committee on Intelligence of 
     the House of Representatives, and the Chairman and Vice-
     Chairman of the Select Committee on Intelligence of the 
     Senate.
       (c) Contents of Report.--Each report under subsection (a) 
     shall include information concerning the following:
       (1) Political, military, and economic espionage.
       (2) Intelligence activities designed to gain political 
     influence, including activities undertaken or coordinated by 
     the United Front Works Department of the Chinese Communist 
     Party.
       (3) Efforts to gain direct or indirect influence through 
     commercial or noncommercial intermediaries subject to control 
     by the People's Republic of China, including enterprises 
     controlled by the People's Liberation Army.
       (4) Disinformation and press manipulation by the People's 
     Republic of China with respect to the United States, 
     including activities undertaken or coordinated by the United 
     Front Works Department of the Chinese Communist Party.

                               H.R. 1775

                       Offered By: Mr. Traficant

       Amendment No. 5: Page 10, after line 15, insert the 
     following new section:

     SEC. 306. ESTABLISHMENT OF 3-JUDGE DIVISION OF THE UNITED 
                   STATES COURT OF APPEALS FOR THE DISTRICT OF 
                   COLUMBIA FOR DETERMINATION OF WHETHER CASES 
                   ALLEGING BREACH OF SECRET GOVERNMENT CONTRACTS 
                   SHOULD BE TRIED IN COURT.

       (a) Assignment of Judges.--The Chief Justice of the United 
     States shall assign 3 circuit judges or justices (which may 
     include senior judges or retired justices) to a division of 
     the United States Court of Appeals for the District of 
     Columbia for the purpose of determining whether an action 
     brought by a person, including a foreign national, in a court 
     of the United States of competent jurisdiction for 
     compensation for services performed for the United States 
     pursuant to a secret Government contract may be tried by the 
     court. The division of the court may not determine that the 
     case cannot be heard solely on the basis of the nature of the 
     services to be provided under the contract.
       (b) Assignment and Terms.--Not more than 1 justice or judge 
     or senior or retired judge may be assigned to the division of 
     the court from a particular court. Judges and justices shall 
     be assigned to the division of the court for periods of 2-
     years each, the first of which shall commence on the date of 
     the enactment of this Act.
       (c) Factors in Division's Deliberations.--In deciding 
     whether an action described in subsection (a) should be tried 
     by the court, the division of the court shall determine 
     whether the information that would be disclosed in 
     adjudicating the action would do serious damage to the 
     national security of the United States or would compromise 
     the safety and security of intelligence sources inside or 
     outside the United States. If the division of the court 
     determines that the case may be heard, the division may 
     prescribe steps that the court in which the case is to be 
     heard shall take to protect the national security of the 
     United States and intelligence sources and methods, which may 
     include holding the proceedings in camera.
       (d) Referral of Cases.--In any case in which an action 
     described in subsection (a) is brought and otherwise complies 
     with applicable procedural and statutory requirements, the 
     court shall forthwith refer the case of the division of the 
     court.
       (e) Effect of Division's Determination.--If the division of 
     the court determines under this section that an action should 
     be tried by the court, that court shall proceed with the 
     trial of the action, notwithstanding any other provision 
     of law.
       (f) Other Judicial Assignments Not Barred.--Assignment of a 
     justice or judge to the division of the court under 
     subsection (a) shall not be a bar to other judicial 
     assignments during the 2-year term of such justice or judge.
       (g) Vacancies.--Any vacancy in the division of the court 
     shall be filled only for the remainder of the 2-year period 
     within which such vacancy occurs and in the same manner as 
     the original appointment was made.
       (h) Support Services.--The Clerk of the United States Court 
     of Appeals for the District of Columbia Circuit shall serve 
     as the clerk of the division of the court and shall provide 
     such services as are needed by the division of the court.
       (i) Definitions.--For purposes of this section--
       (1) the term ``secret Government contract'' means a 
     contract, whether express or implied, that is entered into 
     with a member of the intelligence community, to perform 
     activities subject to the reporting requirements of title V 
     of the National Security Act of 1947 (50 U.S.C. 413 and 
     following); and
       (2) the term ``member of the intelligence community'' means 
     any entity in the intelligence community as defined in 
     section 3(4) of the National Security Act of 1947 (50 U.S.C. 
     App. 401a(4)).
       (j) Applicability of Section.--
       (1) In general.--This section applies to claims arising on 
     or after December 1, 1976.
       (2) Waiver of statute of limitations.--With respect to any 
     claim arising before the enactment of this Act which would be 
     barred because of the requirements of section 2401 or 2501 of 
     title 28, United States Code, those sections shall not apply 
     to an action brought on such claim within 2 years after the 
     date of the enactment of this Act.

                               H.R. 1775

                         Offered By: Ms. Waters

       Amendment No. 6: Page 10, after line 15, insert the 
     following new section:

     SEC. 306. STUDY OF CIA INVOLVEMENT IN THE USE OF CHEMICAL 
                   WEAPONS IN THE PERSIAN GULF WAR.

       Not later than August 15, 1999, the Inspector General of 
     the Central Intelligence Agency shall conduct, and submit to 
     Congress in both a classified and declassified form, a study 
     concerning Central Intelligence Agency involvement (or 
     knowledge thereof) of the use of chemical weapons by enemy 
     forces against Armed Forces of the United States during the 
     Persian Gulf War. Such study shall determine--
       (1) whether there is any complicity of Central Intelligence 
     Agency agents, employees, or assets in the use of chemical 
     weapons;
       (2) whether there is any use of appropriated funds for such 
     purposes; and
       (3) the extent of involvement of other elements of the 
     Intelligence Community of the United States or foreign 
     intelligence agencies in the use of such weapons.

                               H.R. 1775

                         Offered by: Ms. Waters

       Amendment No. 7: Page 10, after line 15, insert the 
     following new section:

     SEC. 306. CLANDESTINE DRUG STUDY COMMISSION.

       (a) Establishment.--There is established a commission to be 
     known as the ``Clandestine Drug Study Commission'' (in this 
     section referred to as the ``Commission'').
       (b) Duties.--The Commission shall--
       (1) secure the expeditious disclosure of public records 
     relevant to the smuggling and distribution of illegal drugs 
     into and within the United States by the Central Intelligence 
     Agency or others on their behalf or associated with the 
     Central Intelligence Agency;
       (2) report on the steps necessary to eradicate any Central 
     Intelligence Agency involvement with drugs or those 
     identified by Federal law enforcement agencies as drug 
     smugglers; and
       (3) recommend appropriate criminal sanctions for the 
     involvement of Central Intelligence Agency employees involved 
     in drug trafficking or the failure of such employees to 
     report their superiors (or other appropriate supervisory 
     officials) knowledge of drug smuggling into or within the 
     United States.
       (c) Membership.--The Commission shall be comprised of nine 
     members appointed by the Attorney General of the United 
     States for the life of the Commission. Members shall obtain a 
     security clearance as a condition of appointment. Members may 
     not be current or former officers or employees of the United 
     States.
       (d) Compensation.--Members of the Commission shall serve 
     without pay but shall each be entitled to receive travel 
     expenses, including per diem in lieu of subsistence, in 
     accordance with sections 5702 and 5703 of title 5, United 
     States Code.
       (e) Quorum.--A majority of the Members of the Commission 
     shall constitute a quorum.
       (f) Chairperson; Vice Chairperson.--The Chairperson and 
     Vice Chairperson of the

[[Page H4918]]

     Commission shall be elected by the members of the Commission.
       (g) Obtaining Official Data.--The Commission may secure 
     directly from any department or agency of the United States 
     information necessary to enable it to carry out this section. 
     Upon request of the Chairperson or Vice Chairperson of the 
     Commission, the head of that department or agency shall 
     furnish that information to the Commission.
       (h) Subpoena Power.--
       (1) In general.--The Commission may issue subpoenas 
     requiring the attendance and testimony of witnesses and the 
     production of any evidence relating to any matter which the 
     Commission is empowered to investigate by this section. The 
     attendance of witnesses and the production of evidence may be 
     required from any place within the United States at any 
     designated place of hearing within the United States.
       (2) Failure to obey a subpoena.--If a person refuses to 
     obey a subpoena issued under paragraph (1), the Commission 
     may apply to a United States district court for an order 
     requiring that person to appear before the Commission to give 
     testimony, produce evidence, or both, relating to the matter 
     under investigation. The application may be made within the 
     judicial district where the hearing is conducted or where 
     that person is found, resides, or transacts business. Any 
     failure to obey the order of the court may be punished by the 
     court as civil contempt.
       (3) Service of subpoenas.--The subpoenas of the Commission 
     shall be served in the manner provided for subpoenas issued 
     by a United States district court under the Federal Rules of 
     Civil procedure for the United States district courts.
       (4) Service of process.--All process of any court to which 
     application is to be made under paragraph (2) may be served 
     in the judicial district in which the person required to be 
     served resides or may be found.
       (i) Immunity.--The Commission is an agency of the United 
     States for the purpose of part V of title 18, United States 
     Code (relating to immunity of witnesses). Except as provided 
     in this subsection, a person may not be excused from 
     testifying or from producing evidence pursuant to a subpoena 
     on the ground that the testimony or evidence required by the 
     subpoena may tend to incriminate or subject that person to 
     criminal prosecution. A person, after having claimed the 
     privilege against self-incrimination, may not be criminally 
     prosecuted by reason of any transaction, matter, or thing 
     which that person is compelled to testify about or produce 
     evidence relating to, except that the person may be 
     prosecuted for perjury committed during the testimony or made 
     in the evidence.
       (j) Contract Authority.--The Commission may enter into and 
     perform such contracts, leases, cooperative agreements, and 
     other transactions as may be necessary in the conduct of the 
     functions of the Commission with any public agency or with 
     any person.
       (k) Report.--The Commission shall transmit a report to the 
     President, Attorney General of the United States, and the 
     Congress not later than three years after the date of the 
     enactment of this Act. The report shall contain a detailed 
     statement of the findings and conclusions of the Commission, 
     together with its recommendations for such legislation and 
     administrative actions as the Commission considers 
     appropriate.
       (l) Termination.--The Commission shall terminate on upon 
     the submission of report pursuant to subsection (k).
       (m) Authorization of Appropriations.--There is authorized 
     to be appropriated $750,000 to carry out this section.

                               H.R. 2107

                       Offered By: Mr. Gutierrez

       Amendment No. 1: Page 2, line 13, strike ``$581,591,000'' 
     and insert in lieu thereof ``$576,939,000''.
       Page 60, line 20, strike ``$636,766,000'' and insert in 
     lieu thereof ``$638,866,000''.