[Congressional Record Volume 144, Number 117 (Tuesday, September 8, 1998)]
[Senate]
[Pages S10019-S10042]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        TREASURY AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 1999

  The text of the bill (H.R. 4104), the Treasury and General Government 
Appropriations Act, 1999, as passed by the Senate on September 3, 1998, 
is as follows:

         Resolved, That the bill from the House of Representatives 
     (H.R. 4104) entitled ``An Act making appropriations for the 
     Treasury Department, the United States Postal Service, the 
     Executive Office of the President, and certain Independent 
     Agencies, for the fiscal year ending September 30, 1999, and 
     for other purposes.'', do pass with the following amendment:
       Strike out all after the enacting clause and insert: That 
     the following sums are appropriated, out of any money in the 
     Treasury not otherwise appropriated, for the Treasury 
     Department, the United States Postal Service, the Executive 
     Office of the President, and certain Independent Agencies, 
     for the fiscal year ending September 30, 1999, and for other 
     purposes, namely:

                  TITLE I--DEPARTMENT OF THE TREASURY

                          Departmental Offices


                         salaries and expenses

       For necessary expenses of the Departmental Offices 
     including operation and maintenance of the Treasury Building 
     and Annex; hire of passenger motor vehicles; maintenance, 
     repairs, and improvements of, and purchase of commercial 
     insurance policies for, real properties leased or owned 
     overseas, when necessary for the performance of official 
     business; not to exceed $2,900,000 for official travel 
     expenses; not to exceed $150,000 for official reception and 
     representation expenses; not to exceed $258,000 for 
     unforeseen emergencies of a confidential nature, to be 
     allocated and expended under the direction of the Secretary 
     of the Treasury and to be accounted for solely on his 
     certificate; $120,671,000: Provided, That the Office of 
     Foreign Assets Control shall be funded at no less than 
     $6,560,800: Provided further, That of the amount provided, 
     funds are authorized to be used for year 2000 conversion 
     costs pending the availability of funding through emergency 
     appropriation, pursuant to ``Funds Appropriated to the 
     President, Information Technology Systems and Related 
     Expenses''.

                         Automation Enhancement


                     (including transfer of funds)

       For development and acquisition of automatic data 
     processing equipment, software, and services for the 
     Department of the Treasury, $28,990,000, of which $8,000,000 
     shall be available to the United States Customs Service for 
     the Customs Modernization project, of which $5,400,000 shall 
     be available to the Departmental Offices for the 
     International Trade Data System, and of which $15,590,000 
     shall be available to the Departmental Offices to modernize 
     its information technology infrastructure, for modernizing 
     Treasury's human resource systems, and for business solution 
     software: Provided, That these funds shall remain available 
     until expended: Provided further, That these funds shall be 
     transferred to accounts and in amounts as necessary to 
     satisfy the requirements of the Department's offices, 
     bureaus, and other organizations, Provided further, That this 
     transfer authority shall be in addition to any other transfer 
     authority provided in this Act: Provided further, That none 
     of the funds appropriated shall be used to support or 
     supplement the Internal Revenue Service appropriations for 
     Information Systems: Provided further, That none of the funds 
     appropriated for the Customs Modernization project may be 
     transferred to the United States Customs Service or obligated 
     until the Treasury's Chief Information Officer, through the 
     Treasury Investment Review Board, concurs on the plan and 
     milestone schedule for the deployment of the system: Provided 
     further, That none of the funds made available for the 
     Customs Modernization project may be obligated for any major 
     system investments prior to the development of an 
     architecture which is compliant with the Treasury Information 
     Systems Architecture Framework (TISAF) and the General 
     Accounting Office certifies to Congress the establishment of 
     measures to enforce compliance with the architecture: 
     Provided further, That of the amount provided, $8,000,000 
     shall not be available for obligation until September 30, 
     1999.

                      Office of Inspector General


                         salaries and expenses

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, as amended, not to exceed $2,000,000 for official 
     travel expenses; including hire of passenger motor vehicles; 
     and not to exceed $100,000 for unforeseen emergencies of a 
     confidential nature, to be allocated and expended under the 
     direction of the Inspector General of the Treasury; 
     $30,678,000.

           Treasury Building and Annex Repair and Restoration

       For the repair, alteration, and improvement of the Treasury 
     Building and Annex, $27,000,000, to remain available until 
     expended: Provided, That none of the funds provided shall be 
     available for obligation until September 30, 1999.

                  Financial Crimes Enforcement Network


                         salaries and expenses

       For necessary expenses of the Financial Crimes Enforcement 
     Network, including hire of passenger motor vehicles; travel 
     expenses of non-Federal law enforcement personnel to attend 
     meetings concerned with financial intelligence activities, 
     law enforcement, and financial regulation; not to exceed 
     $14,000 for official reception and representation expenses; 
     and for assistance to Federal law enforcement agencies, with 
     or without reimbursement; $23,670,000: Provided, That funds 
     appropriated in this account may be used to procure personal 
     services contracts: Provided further, That of the funds 
     provided, $600,000 shall be provided for the Gateway program.

                    Violent Crime Reduction Programs


                     (including transfer of funds)

       For activities authorized by Public Law 103-322, to remain 
     available until expended, which

[[Page S10020]]

     shall be derived from the Violent Crime Reduction Trust Fund, 
     as follows:
       (1) As authorized by section 190001(e), $117,761,000; of 
     which $1,800,000 shall be available to the Bureau of Alcohol, 
     Tobacco and Firearms for lab equipment; of which $1,400,000 
     shall be available to the Financial Crimes Enforcement 
     Network, including $800,000 for cyberpayment studies, 
     $100,000 for money laundering regulations, $300,000 for 
     Suspicious Activity Reporting form data analysis, and 
     $200,000 for training for Federal, State and local law 
     enforcement; of which $158,000 shall be available to the 
     Federal Law Enforcement Training Center for equipment 
     replacement needs; $15,403,000 shall be available to the 
     United States Secret Service, including $5,000,000 for 
     counterfeiting investigations, $7,732,000 for the 2000 
     candidate/nominee protection program, and $2,671,000 for 
     forensic and related support of investigations of missing and 
     exploited children, of which $671,000 shall be available as a 
     grant for activities related to the investigations of 
     exploited children and shall remain available until expended; 
     of which $45,000,000 shall be available for the Interagency 
     Law Enforcement for interagency crime and drug enforcement; 
     and of which $54,000,000 shall be made available for the 
     United States Customs Service for the purchase of non-
     intrusive inspection technology, including $10,000,000 for a 
     high energy container inspection system for sea-going 
     containers, $3,400,000 for the automated targeting system, 
     and $40,600,000 to purchase equipment for the Southern land 
     border;
       (2) As authorized by section 32401, $13,239,000 to the 
     Bureau of Alcohol, Tobacco and Firearms for disbursement 
     through grants, cooperative agreements, or contracts to local 
     governments for Gang Resistance Education and Training: 
     Provided, That notwithstanding sections 32401 and 310001, 
     such funds shall be allocated to State and local law 
     enforcement and prevention organizations;
       (3) As authorized by section 180103, $1,000,000 to the 
     Federal Law Enforcement Training Center for specialized 
     training for rural law enforcement officers.

                Federal Law Enforcement Training Center


                         salaries and expenses

       For necessary expenses of the Federal Law Enforcement 
     Training Center, as a bureau of the Department of the 
     Treasury, including materials and support costs of Federal 
     law enforcement basic training; purchase (not to exceed 52 
     for police-type use, without regard to the general purchase 
     price limitation) and hire of passenger motor vehicles; for 
     expenses for student athletic and related activities; 
     uniforms without regard to the general purchase price 
     limitation for the current fiscal year; the conducting of and 
     participating in firearms matches and presentation of awards; 
     for public awareness and enhancing community support of law 
     enforcement training; not to exceed $9,500 for official 
     reception and representation expenses; room and board for 
     student interns; and services as authorized by 5 U.S.C. 3109; 
     $66,251,000, of which up to $13,450,000 for materials and 
     support costs of Federal law enforcement basic training shall 
     remain available until September 30, 2001: Provided, That the 
     Center is authorized to accept and use gifts of property, 
     both real and personal, and to accept services, for 
     authorized purposes, including funding of a gift of intrinsic 
     value which shall be awarded annually by the Director of the 
     Center to the outstanding student who graduated from a basic 
     training program at the Center during the previous fiscal 
     year, which shall be funded only by gifts received through 
     the Center's gift authority: Provided further, That 
     notwithstanding any other provision of law, students 
     attending training at any Federal Law Enforcement Training 
     Center site shall reside in on-Center or Center-provided 
     housing, insofar as available and in accordance with Center 
     policy: Provided further, That funds appropriated in this 
     account shall be available, at the discretion of the 
     Director, for: training United States Postal Service law 
     enforcement personnel and Postal police officers; State and 
     local government law enforcement training on a space-
     available basis; training of foreign law enforcement 
     officials on a space-available basis with reimbursement of 
     actual costs to this appropriation, except that reimbursement 
     may be waived by the Secretary for law enforcement training 
     activities in foreign countries undertaken pursuant to 
     section 801 of the Antiterrorism and Effective Death Penalty 
     Act of 1996, Public Law 104-32; training of private sector 
     security officials on a space-available basis with 
     reimbursement of actual costs to this appropriation; and 
     travel expenses of non-Federal personnel to attend course 
     development meetings and training sponsored by the Center: 
     Provided further, That the Center is authorized to obligate 
     funds in anticipation of reimbursements from agencies 
     receiving training sponsored by the Federal Law Enforcement 
     Training Center, except that total obligations at the end of 
     the fiscal year shall not exceed total budgetary resources 
     available at the end of the fiscal year: Provided further, 
     That the Federal Law Enforcement Training Center is 
     authorized to provide training for the Gang Resistance 
     Education and Training program to Federal and non-Federal 
     personnel at any facility in partnership with ATF: Provided 
     further, That the Federal Law Enforcement Training Center is 
     authorized to provide short-term medical services for 
     students undergoing training at the Center.


     acquisition, construction, improvements, and related expenses

       For expansion of the Federal Law Enforcement Training 
     Center, for acquisition of necessary additional real property 
     and facilities, and for ongoing maintenance, facility 
     improvements, and related expenses, $15,360,000, to remain 
     available until expended.

                      Financial Management Service


                         salaries and expenses

       For necessary expenses of the Financial Management Service, 
     $196,490,000, of which not to exceed $13,235,000 shall remain 
     available until September 30, 2001 for information systems 
     modernization initiatives: Provided, That of the amount 
     provided, $4,500,000 shall remain available until expended 
     for postage and shall not be obligated before September 30, 
     1999: Provided further, That, pursuant to 39 U.S.C. 3206(a), 
     funds shall continue to be provided to the United States 
     Postal Service for postage due: Provided further, That of the 
     amount provided, funds are authorized to be used for year 
     2000 conversion costs pending the availability of funding 
     through emergency appropriation, pursuant to ``Funds 
     Appropriated to the President, Information Technology Systems 
     and Related Expenses''.


                  DEBT COLLECTION IMPROVEMENT ACCOUNT

       To make payments by the Secretary of the Treasury to 
     reimburse agencies for qualified expenses, as authorized by 
     31 U.S.C. 3720C, not to exceed $3,000,000, to be derived from 
     increased agency collections of delinquent debt, as 
     authorized by such provision, and to remain available until 
     September 30, 2001.


                         FEDERAL FINANCING BANK

       For liquidation of certain debts to the United States 
     Treasury incurred by the Federal Financing Bank pursuant to 
     section 9(b) of the Federal Financing Bank Act of 1973, 
     $3,317,690,000.

                Bureau of Alcohol, Tobacco and Firearms


                         salaries and expenses

       For necessary expenses of the Bureau of Alcohol, Tobacco 
     and Firearms, including purchase of not to exceed 650 
     vehicles for police-type use for replacement only and hire of 
     passenger motor vehicles; hire of aircraft; services of 
     expert witnesses at such rates as may be determined by the 
     Director; for payment of per diem and/or subsistence 
     allowances to employees where an assignment to the National 
     Response Team during the investigation of a bombing or arson 
     incident requires an employee to work 16 hours or more per 
     day or to remain overnight at his or her post of duty; not to 
     exceed $12,500 for official reception and representation 
     expenses; for training of State and local law enforcement 
     agencies with or without reimbursement, including training in 
     connection with the training and acquisition of canines for 
     explosives and fire accelerants detection; and provision of 
     laboratory assistance to State and local agencies, with or 
     without reimbursement; $529,489,000, of which $27,000,000 may 
     be used for the Youth Crime Gun Interdiction Initiative; of 
     which not to exceed $1,000,000 shall be available for the 
     payment of attorneys' fees as provided by 18 U.S.C. 
     924(d)(2): Provided, That such funds shall be available for 
     the equipping of any vessel, vehicle, equipment, or aircraft 
     available for official use by a State or local law 
     enforcement agency if the conveyance will be used in drug-
     related joint law enforcement operations with the Bureau of 
     Alcohol, Tobacco and Firearms and for the payment of overtime 
     salaries, travel, fuel, training, equipment, and other 
     similar costs of State and local law enforcement officers 
     that are incurred in joint operations with the Bureau of 
     Alcohol, Tobacco and Firearms: Provided further, That no 
     funds made available by this or any other Act may be used to 
     transfer the functions, missions, or activities of the Bureau 
     of Alcohol, Tobacco and Firearms to other agencies or 
     Departments in the fiscal year ending on September 30, 1998: 
     Provided further, That of the funds made available, 
     $4,500,000 shall be made available for the expansion of the 
     National Tracing Center: Provided further, That no funds 
     appropriated herein shall be available for salaries or 
     administrative expenses in connection with consolidating or 
     centralizing, within the Department of the Treasury, the 
     records, or any portion thereof, of acquisition and 
     disposition of firearms maintained by Federal firearms 
     licensees: Provided further, That no funds appropriated 
     herein shall be used to pay administrative expenses or the 
     compensation of any officer or employee of the United States 
     to implement an amendment or amendments to 27 CFR 178.118 or 
     to change the definition of ``Curios or relics'' in 27 CFR 
     178.11 or remove any item from ATF Publication 5300.11 as it 
     existed on January 1, 1994: Provided further, That none of 
     the funds appropriated herein shall be available to 
     investigate or act upon applications for relief from Federal 
     firearms disabilities under 18 U.S.C. 925(c): Provided 
     further, That such funds shall be available to investigate 
     and act upon applications filed by corporations for relief 
     from Federal firearms disabilities under 18 U.S.C. 925(c): 
     Provided further, That no funds in this Act may be used to 
     provide ballistics imaging equipment to any State or local 
     authority who has obtained similar equipment through a 
     Federal grant or subsidy unless the State or local authority 
     agrees to return that equipment or to repay that grant or 
     subsidy to the Federal Government: Provided further, That no 
     funds under this Act may be used to electronically retrieve 
     information gathered pursuant to 18 U.S.C. 923(g)(4) by name 
     or any personal identification code: Provided further, That 
     of the amount provided, funds are authorized to be used for 
     year 2000 conversion costs pending the availability of 
     funding through emergency appropriation, pursuant to ``Funds 
     Appropriated to the President, Information Technology Systems 
     and Related Expenses''.

                     United States Customs Service


                         salaries and expenses

                     (including transfer of funds)

       For necessary expenses of the United States Customs 
     Service, including purchase and lease of up to 1,050 motor 
     vehicles of which 985 are for replacement only and of which 
     1,030 are for police-type use and commercial operations; hire 
     of

[[Page S10021]]

     motor vehicles; contracting with individuals for personal 
     services abroad; not to exceed $30,000 for official reception 
     and representation expenses; and awards of compensation to 
     informers, as authorized by any Act enforced by the United 
     States Customs Service; $1,630,273,000, of which such sums as 
     become available in the Customs User Fee Account, except sums 
     subject to section 13031(f)(3) of the Consolidated Omnibus 
     Budget Reconciliation Act of 1985 (``COBRA''), as amended (19 
     U.S.C. 58c(f)(3)), shall be derived from that Account; of the 
     total, not to exceed $150,000 shall be available for payment 
     for rental space in connection with preclearance operations, 
     and not to exceed $4,000,000 shall be available until 
     expended for research, not to exceed $5,000,000 shall be 
     available until expended for conducting special operations 
     pursuant to 19 U.S.C. 2081, and up to $8,000,000 shall be 
     available until expended for the procurement of automation 
     infrastructure items, including hardware, software, and 
     installation: Provided, That uniforms may be purchased 
     without regard to the general purchase price limitation for 
     the current fiscal year: Provided further, That of the amount 
     provided, an additional $2,400,000 shall be made available 
     for staffing and resources for the child pornography 
     cybersmuggling initiative: Provided further, That of the 
     amount provided, $1,200,000 shall be available to transfer to 
     the Office of the Under Secretary of the Treasury for the 
     oversight of the Customs Integrity Awareness Program: 
     Provided further, That $500,000 shall be available to fund 
     the expansion of services at the Vermont World Trade Office: 
     Provided further, That notwithstanding any other provision of 
     law, the fiscal year aggregate overtime limitation prescribed 
     in subsection 5(c)(1) of the Act of February 13, 1911 (19 
     U.S.C. 261 and 267) shall be $30,000: Provided further, That 
     of the amount provided, $28,480,000 shall not be available 
     for obligation until September 30, 1999.


 operations, maintenance and procurement, air and marine interdiction 
                                programs

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of marine vessels, aircraft, and 
     other related equipment of the Air and Marine Programs, 
     including operational training and mission-related travel, 
     and rental payments for facilities occupied by the air or 
     marine interdiction and demand reduction programs, the 
     operations of which include: the interdiction of narcotics 
     and other goods; the provision of support to Customs and 
     other Federal, State, and local agencies in the enforcement 
     or administration of laws enforced by the Customs Service; 
     and, at the discretion of the Commissioner of Customs, the 
     provision of assistance to Federal, State, and local agencies 
     in other law enforcement and emergency humanitarian efforts; 
     $113,488,000, which shall remain available until expended: 
     Provided, That no aircraft or other related equipment, with 
     the exception of aircraft which is one of a kind and has been 
     identified as excess to Customs requirements and aircraft 
     which has been damaged beyond repair, shall be transferred to 
     any other Federal agency, department, or office outside of 
     the Department of the Treasury, during fiscal year 1999 
     without the prior approval of the Committees on 
     Appropriations: Provided further, That of the amount 
     provided, $3,200,000 shall not be available for obligation 
     for P3 annualization until September 30, 1999: Provided 
     further, That of the amount provided, $20,100,000 shall not 
     be available for obligation until September 30, 1999: 
     Provided further, That of the amount provided, $15,000,000 
     shall be made available for drug interdiction activities in 
     South Florida and the Caribbean.


                   harbor maintenance fee collection

       For administrative expenses related to the collection of 
     the Harbor Maintenance Fee, pursuant to Public Law 103-182, 
     $3,000,000, to be derived from the Harbor Maintenance Trust 
     Fund and to be transferred to and merged with the Customs 
     ``Salaries and Expenses'' account for such purposes.

                       Bureau of the Public Debt


                     administering the public debt

       For necessary expenses connected with any public-debt 
     issues of the United States, $176,500,000, of which not to 
     exceed $2,500 shall be available for official reception and 
     representation expenses; and, of which not to exceed 
     $1,000,000 shall remain available until September 30, 2001 
     for information systems modernization initiatives: Provided, 
     That the sum appropriated herein from the General Fund for 
     fiscal year 1999 shall be reduced by not more than $4,400,000 
     as definitive security issue fees and Treasury Direct 
     Investor Account Maintenance fees are collected, so as to 
     result in a final fiscal year 1999 appropriation from the 
     General Fund estimated at $172,100,000, and in addition, 
     $20,000, to be derived from the Oil Spill Liability Trust 
     Fund to reimburse the Bureau for administrative and personnel 
     expenses for financial management of the Fund, as authorized 
     by section 102 of Public Law 101-380: Provided further, That 
     notwithstanding any other provisions of law, effective upon 
     enactment and thereafter, the Bureau of the Public Debt shall 
     be fully and directly reimbursed by the funds described in 
     Public Law 101-136, title I, section 104, 103 Stat. 789 for 
     costs and services performed by the Bureau in the 
     administration of such funds: Provided further, That of the 
     amount provided, funds are authorized to be used for year 
     2000 conversion costs pending the availability of funding 
     through emergency appropriation, pursuant to ``Funds 
     Appropriated to the President, Information Technology Systems 
     and Related Expenses''.

                        Internal Revenue Service


                 processing, assistance, and management

       For necessary expenses of the Internal Revenue Service for 
     tax returns processing; revenue accounting; tax law and 
     account assistance to taxpayers by telephone and 
     correspondence; programs to match information returns and tax 
     returns; management services; rent and utilities; and 
     inspection; including purchase (not to exceed 150 for 
     replacement only for police-type use) and hire of passenger 
     motor vehicles (31 U.S.C. 1343(b)); and services as 
     authorized by 5 U.S.C. 3109, at such rates as may be 
     determined by the Commissioner; $3,077,353,000, of which up 
     to $3,700,000 shall be for the Tax Counseling for the Elderly 
     Program, and of which not to exceed $25,000 shall be for 
     official reception and representation expenses: Provided, 
     That of the amount provided, $105,000,000 shall remain 
     available until expended for postage and shall not be 
     obligated before September 30, 1999: Provided further, That, 
     pursuant to 39 U.S.C. 3206(a), funds shall continue to be 
     provided to the United States Postal Service for postage due.


                          tax law enforcement

       For necessary expenses of the Internal Revenue Service for 
     determining and establishing tax liabilities; providing 
     litigation support; technical rulings; examining employee 
     plans and exempt organizations; conducting criminal 
     investigation and enforcement activities; securing unfiled 
     tax returns; collecting unpaid accounts; compiling statistics 
     of income and conducting compliance research; the purchase 
     (for police-type use, not to exceed 850), and hire of 
     passenger motor vehicles (31 U.S.C. 1343(b)); and services as 
     authorized by 5 U.S.C. 3109, at such rates as may be 
     determined by the Commissioner, $3,164,399,000: Provided, 
     That of the amount provided, $175,000,000 shall not be 
     available for obligation until September 30, 1999.


             Earned Income Tax Credit Compliance Initiative

       For funding essential earned income tax credit compliance 
     and error reduction initiatives pursuant to section 5702 of 
     the Balanced Budget Act of 1997 (Public Law 105-33), 
     $143,000,000, of which not to exceed $10,000,000 may be used 
     to reimburse the Social Security Administration for the costs 
     of implementing section 1090 of the Taxpayer Relief Act of 
     1997.


                          information systems

       For necessary expenses of the Internal Revenue Service for 
     information systems and telecommunications support, including 
     developmental information systems and operational information 
     systems; the hire of passenger motor vehicles (31 U.S.C. 
     1343(b)); and services as authorized by 5 U.S.C. 3109, at 
     such rates as may be determined by the Commissioner, 
     $1,329,486,000, which shall be available until September 30, 
     2000: Provided, That of the amount provided, $68,700,000 
     shall not be available for obligation until September 30, 
     1999: Provided further, That of the amount provided, funds 
     are authorized to be used for year 2000 conversion costs 
     pending the availability of funding through emergency 
     appropriation, pursuant to ``Funds Appropriated to the 
     President, Information Technology Systems and Related 
     Expenses''.


                   information technology investments

       For necessary expenses of the Internal Revenue Service, 
     $137,569,000, to remain available until September 30, 2002, 
     for: the capital asset acquisition of information technology 
     systems, including management and related contractual costs 
     of said acquisition, including contractual costs associated 
     with operations as authorized by 5 U.S.C. 3109: Provided, 
     That none of these funds is available for obligation until 
     September 30, 1999: Provided further, That none of these 
     funds shall be obligated until the Internal Revenue Service 
     and the Department of the Treasury submits to Congress for 
     approval, a plan for expenditure.

                       Administrative Provisions


                        internal revenue service

       Section 101. Not to exceed 5 percent of any appropriation 
     made available in this Act to the Internal Revenue Service 
     may be transferred to any other Internal Revenue Service 
     appropriation upon the advance approval of the House and 
     Senate Committees on Appropriations.
       Sec. 102. The Internal Revenue Service shall maintain a 
     training program to ensure that Internal Revenue Service 
     employees are trained in taxpayers' rights, in dealing 
     courteously with the taxpayers, and in cross-cultural 
     relations.
       Sec. 103. The funds provided in this Act for the Internal 
     Revenue Service shall be used to provide, as a minimum, the 
     fiscal year 1995 level of service, staffing, and funding for 
     Taxpayer Services.
       Sec. 104. None of the funds appropriated by this title 
     shall be used in connection with the collection of any 
     underpayment of any tax imposed by the Internal Revenue Code 
     of 1986 unless the conduct of officers and employees of the 
     Internal Revenue Service in connection with such collection, 
     including any private sector employees under contract to the 
     Internal Revenue Service, complies with subsection (a) of 
     section 805 (relating to communications in connection with 
     debt collection), and section 806 (relating to harassment or 
     abuse), of the Fair Debt Collection Practices Act (15 U.S.C. 
     1692).
       Sec. 105. The Internal Revenue Service shall institute and 
     enforce policies and procedures which will safeguard the 
     confidentiality of taxpayer information.
       Sec. 106. Funds made available by this or any other Act to 
     the Internal Revenue Service shall be available for improved 
     facilities and increased manpower to provide sufficient and 
     effective 1-800 help line for taxpayers. The Commissioner 
     shall continue to make the improvement of the Internal 
     Revenue Service 1-800 help line service a priority and 
     allocate resources necessary to increase phone lines and 
     staff to improve the Internal Revenue Service 1-800 help line 
     service.
       Sec. 107. Notwithstanding any other provision of law, no 
     reorganization of the field office

[[Page S10022]]

     structure of the Internal Revenue Service Criminal 
     Investigation Division will result in a reduction of criminal 
     investigations in Wisconsin and South Dakota from the 1996 
     level.
       Sec. 108. Sense of the Senate on the Use of Random 
     Selection of Returns for Examination by the Internal Revenue 
     Service. (a) Findings.--The Senate finds that--
       (1) in 1995, the Internal Revenue Service indefinitely 
     postponed the 1994 Taxpayer Compliance Measurement Program, a 
     program of audits using random selection techniques (in this 
     section referred to as ``random audits'');
       (2) Congress, taxpayer groups, tax practitioners, and 
     others criticized the program because of its cost to and 
     burden on taxpayers;
       (3) there is no law preventing the Internal Revenue Service 
     from resuming its Taxpayer Compliance Measurement Program; 
     and
       (4) random audits may be overly burdensome on taxpayers, 
     particularly low-income taxpayers.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the Internal Revenue Service should make it a top 
     priority to ensure fairness to taxpayers when selecting 
     returns for audit;
       (2) the Senate does not approve of the use of random audits 
     of the general population of taxpayers or tax returns; and
       (3) the Internal Revenue Service should not conduct random 
     audits of the general population of taxpayers or tax returns.

                      United States Secret Service


                         salaries and expenses

       For necessary expenses of the United States Secret Service, 
     including purchase not to exceed 705 vehicles for police-type 
     use, of which 675 shall be for replacement only, and hire of 
     passenger motor vehicles; hire of aircraft; training and 
     assistance requested by State and local governments, which 
     may be provided without reimbursement; services of expert 
     witnesses at such rates as may be determined by the Director; 
     rental of buildings in the District of Columbia, and fencing, 
     lighting, guard booths, and other facilities on private or 
     other property not in Government ownership or control, as may 
     be necessary to perform protective functions; for payment of 
     per diem and/or subsistence allowances to employees where a 
     protective assignment during the actual day or days of the 
     visit of a protectee require an employee to work 16 hours per 
     day or to remain overnight at his or her post of duty; the 
     conducting of and participating in firearms matches; 
     presentation of awards; for travel of Secret Service 
     employees on protective missions without regard to the 
     limitations on such expenditures in this or any other Act if 
     approval is obtained in advance from the Senate Committee on 
     Appropriations; for research and development; for making 
     grants to conduct behavioral research in support of 
     protective research and operations; not to exceed $20,000 for 
     official reception and representation expenses; not to exceed 
     $50,000 to provide technical assistance and equipment to 
     foreign law enforcement organizations in counterfeit 
     investigations; for payment in advance for commercial 
     accommodations as may be necessary to perform protective 
     functions; and for uniforms without regard to the general 
     purchase price limitation for the current fiscal year; 
     $584,902,000: Provided, That the $6,000,000 provided for the 
     acquisition of the Armored Primary Limousines is not 
     obligated before September 30, 1999: Provided further, That 
     of the amount provided, $7,860,000 shall not be available for 
     obligation until September 30, 1999: Provided further, That 
     of the amount provided, funds are authorized to be used for 
     year 2000 conversion costs pending the availability of 
     funding through emergency appropriation, pursuant to ``Funds 
     Appropriated to the President, Information Technology Systems 
     and Related Expenses''.


      acquisition, construction, improvement, and related expenses

       For necessary expenses of construction, repair, alteration, 
     and improvement of facilities, $8,068,000, to remain 
     available until expended.

                           GENERAL PROVISIONS

                       Department of the Treasury

       Sec. 110. Any obligation or expenditure by the Secretary in 
     connection with law enforcement activities of a Federal 
     agency or a Department of the Treasury law enforcement 
     organization in accordance with 31 U.S.C. 9703(g)(4)(B) from 
     unobligated balances remaining in the Fund on September 30, 
     1999, shall be made in compliance with reprogramming 
     guidelines.
       Sec. 111. Appropriations to the Department of the Treasury 
     in this Act shall be available for uniforms or allowances 
     therefor, as authorized by law (5 U.S.C. 5901), including 
     maintenance, repairs, and cleaning; purchase of insurance for 
     official motor vehicles operated in foreign countries; 
     purchase of motor vehicles without regard to the general 
     purchase price limitations for vehicles purchased and used 
     overseas for the current fiscal year; entering into contracts 
     with the Department of State for the furnishing of health and 
     medical services to employees and their dependents serving in 
     foreign countries; and services authorized by 5 U.S.C. 3109.
       Sec. 112. The funds provided to the Bureau of Alcohol, 
     Tobacco and Firearms for fiscal year 1999 in this Act for the 
     enforcement of the Federal Alcohol Administration Act shall 
     be expended in a manner so as not to diminish enforcement 
     efforts with respect to section 105 of the Federal Alcohol 
     Administration Act.
       Sec. 113. Not to exceed 2 percent of any appropriations in 
     this Act made available to the Federal Law Enforcement 
     Training Center, Financial Crimes Enforcement Network, Bureau 
     of Alcohol, Tobacco and Firearms, United States Customs 
     Service, and United States Secret Service may be transferred 
     between such appropriations upon the advance approval of the 
     House and Senate Committees on Appropriations. No transfer 
     may increase or decrease any such appropriation by more than 
     2 percent.
       Sec. 114. Not to exceed 2 percent of any appropriations in 
     this Act made available to the Departmental Offices, Office 
     of Inspector General, Financial Management Service, and 
     Bureau of the Public Debt, may be transferred between such 
     appropriations upon the advance approval of the House and 
     Senate Committees on Appropriations. No transfer may increase 
     or decrease any such appropriation by more than 2 percent.
       Sec. 115. The Secretary is authorized to promote the 
     benefits of and encourage the use of electronic tax 
     administration programs, as they become available, through 
     the use of mass communications and other means. Additionally, 
     the Secretary may implement procedures to pay appropriate 
     incentives to commercial concerns for electronic filing 
     services: Provided, That such payment may not be made unless 
     the electronic filing service is provided without charge to 
     the taxpayer whose return is so filed: Provided further, That 
     the Internal Revenue Service shall assure the security of all 
     electronic transmissions and the full protection of the 
     privacy of taxpayer data.
       Sec. 116. The Bureau of Engraving and Printing (BEP) and 
     the Department of the Treasury shall award a contract for 
     Solicitation No. BEP-97-13 (TN) which will permit an 
     uninterrupted source of currency paper upon the expiration of 
     the contract for Solicitation 97-10 on September 5, 1999 
     unless otherwise directed by the Senate Committee on 
     Appropriations.
       Sec. 117. Exception to Immunity From Attachment or 
     Execution. (a) Section 1610 of title 28, United States Code, 
     is amended by adding at the end the following new subsection:
       ``(f)(1)(A) Notwithstanding any other provision of law, 
     including but not limited to section 208(f) of the Foreign 
     Missions Act (22 U.S.C. 4308(f)), and except as provided in 
     subparagraph (B), any property with respect to which 
     financial transactions are prohibited or regulated pursuant 
     to section 5(b) of the Trading with the Enemy Act (50 U.S.C. 
     App. 5(b)), section 620(a) of the Foreign Assistance Act of 
     1961 (22 U.S.C. 2370(a)), sections 202 and 203 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1701-
     1702), or any other proclamation, order, regulation, or 
     license issued pursuant thereto, shall be subject to 
     execution or attachment in aid of execution of any judgment 
     relating to a claim for which a foreign state (including any 
     agency or instrumentality or such state) claiming such 
     property is not immune under section 1605(a)(7).
       ``(B) Subparagraph (A) shall not apply if, at the time the 
     property is expropriated or seized by the foreign state, the 
     property has been held in title by a natural person or, if 
     held in trust, has been held for the benefit of a natural 
     person or persons.
       ``(2)(A) At the request of any party in whose favor a 
     judgment has been issued with respect to a claim for which 
     the foreign state is not immune under section 1605(a)(7), the 
     Secretary of the Treasury and the Secretary of State shall 
     fully, promptly, and effectively assist any judgment creditor 
     or any court that has issued any such judgment in 
     identifying, locating, and executing against the property of 
     that foreign state or any agency or instrumentality of such 
     state.
       ``(B) In providing such assistance, the Secretaries--
       ``(i) may provide such information to the court under seal; 
     and
       ``(ii) shall provide the information in a manner sufficient 
     to allow the court to direct the United States Marshall's 
     office to promptly and effectively execute against that 
     property.''.
       (b) Conforming Amendment.--Section 1606 of title 28, United 
     States Code, is amended by inserting after ``punitive 
     damages'' the following: ``, except any action under section 
     1605(a)(7) or 1610(f)''.
       (c) Effective Date.--The amendments made by subsections (a) 
     and (b) shall apply to any claim for which a foreign state is 
     not immune under section 1605(a)(7) of title 28, United 
     States Code, arising before, on, or after the date of 
     enactment of this Act.
       Sec. 118. Section 921(a) of title 18, United States Code, 
     is amended--
       (1) in paragraph (5), by striking ``the explosive in a 
     fixed shotgun shell'' and insert ``an explosive'';
       (2) in paragraph (7), by striking ``the explosive in a 
     fixed metallic cartridge'' and inserting ``an explosive''; 
     and
       (3) by striking paragraph (16) and inserting the following:
       ``(16) The term `antique firearm'--
       ``(A) means any--
       ``(i) firearm (including any firearm with a matchlock, 
     flintlock, percussion cap, or similar type of ignition 
     system) manufactured in or before 1898;
       ``(ii) replica of any firearm described in clause (i), if 
     such replica--
       ``(I) is not designed or redesigned for using rimfire or 
     conventional centerfire fixed ammunition; or
       ``(II) uses rimfire or conventional centerfire fixed 
     ammunition that is no longer manufactured in the United 
     States and that is not readily available in the ordinary 
     channels of commercial trade; and
       ``(iii) muzzle loading rifle, muzzle loading shotgun, or 
     muzzle loading pistol, that--
       ``(I) is designed to use black powder, or a black powder 
     substitute; and
       ``(II) cannot use fixed ammunition; and
       ``(B) does not include any--
       ``(i) weapon that incorporates a firearm frame or receiver;
       ``(ii) firearm that is converted into a muzzle loading 
     weapon; or
       ``(iii) muzzle loading weapon that can be readily converted 
     to fire fixed ammunition by replacing the barrel, bolt, 
     breechblock, or any combination thereof.''.

[[Page S10023]]

       This title may be cited as the ``Treasury Department 
     Appropriations Act, 1999''.

                        TITLE II--POSTAL SERVICE

                  Payments to the Postal Service Fund

       For payment to the Postal Service Fund for revenue forgone 
     on free and reduced rate mail, pursuant to subsections (c) 
     and (d) of section 2401 of title 39, United States Code, 
     $71,195,000, which shall remain available until September 30, 
     2000: Provided, That none of the funds provided shall be 
     available for obligation until October 1, 1999: Provided 
     further, That mail for overseas voting and mail for the blind 
     shall continue to be free: Provided further, That 6-day 
     delivery and rural delivery of mail shall continue at not 
     less than the 1983 level: Provided further, That none of the 
     funds made available to the Postal Service by this Act shall 
     be used to implement any rule, regulation, or policy of 
     charging any officer or employee of any State or local child 
     support enforcement agency, or any individual participating 
     in a State or local program of child support enforcement, a 
     fee for information requested or provided concerning an 
     address of a postal customer: Provided further, That none of 
     the funds provided in this Act shall be used to consolidate 
     or close small rural and other small post offices in the 
     fiscal year ending on September 30, 1999.
       This title may be cited as the ``Postal Service 
     Appropriations Act, 1999''.

TITLE III--EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO 
                             THE PRESIDENT

        Compensation of the President and the White House Office


                     compensation of the president

       For compensation of the President, including an expense 
     allowance at the rate of $50,000 per annum as authorized by 3 
     U.S.C. 102; $250,000: Provided, That none of the funds made 
     available for official expenses shall be expended for any 
     other purpose and any unused amount shall revert to the 
     Treasury pursuant to section 1552 of title 31, United States 
     Code: Provided further, That none of the funds made available 
     for official expenses shall be considered as taxable to the 
     President.


                         salaries and expenses

       For necessary expenses for the White House as authorized by 
     law, including not to exceed $3,850,000 for services as 
     authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence 
     expenses as authorized by 3 U.S.C. 105, which shall be 
     expended and accounted for as provided in that section; hire 
     of passenger motor vehicles, newspapers, periodicals, 
     teletype news service, and travel (not to exceed $100,000 to 
     be expended and accounted for as provided by 3 U.S.C. 103); 
     not to exceed $19,000 for official entertainment expenses, to 
     be available for allocation within the Executive Office of 
     the President; $52,344,000.

                 Executive Residence at the White House


                           operating expenses

       For the care, maintenance, repair and alteration, 
     refurnishing, improvement, heating and lighting, including 
     electric power and fixtures, of the Executive Residence at 
     the White House and official entertainment expenses of the 
     President, $8,691,000, to be expended and accounted for as 
     provided by 3 U.S.C. 105, 109, 110, and 112-114.

                         reimbursable expenses

       For the reimbursable expenses of the Executive Residence at 
     the White House, such sums as may be necessary: Provided, 
     That all reimbursable operating expenses of the Executive 
     Residence shall be made in accordance with the provisions of 
     this paragraph: Provided further, That, notwithstanding any 
     other provision of law, such amount for reimbursable 
     operating expenses shall be the exclusive authority of the 
     Executive Residence to incur obligations and to receive 
     offsetting collections, for such expenses: Provided further, 
     That the Executive Residence shall require each person 
     sponsoring a reimbursable political event to pay in advance 
     an amount equal to the estimated cost of the event, and all 
     such advance payments shall be credited to this account and 
     remain available until expended: Provided further, That the 
     Executive Residence shall require the national committee of 
     the political party of the President to maintain on deposit 
     $25,000, to be separately accounted for and available for 
     expenses relating to reimbursable political events sponsored 
     by such committee during such fiscal year: Provided further, 
     That the Executive Residence shall ensure that a written 
     notice of any amount owed for a reimbursable operating 
     expense under this paragraph is submitted to the person owing 
     such amount within 60 days after such expense is incurred, 
     and that such amount is collected within 30 days after the 
     submission of such notice: Provided further, That the 
     Executive Residence shall charge interest and assess 
     penalties and other charges on any such amount that is not 
     reimbursed within such 30 days, in accordance with the 
     interest and penalty provisions applicable to an outstanding 
     debt on a United States Government claim under section 3717 
     of title 31, United States Code: Provided further, That each 
     such amount that is reimbursed, and any accompanying interest 
     and charges, shall be deposited in the Treasury as 
     miscellaneous receipts: Provided further, That the Executive 
     Residence shall prepare and submit to the Committees on 
     Appropriations, by not later than 90 days after the end of 
     the fiscal year covered by this Act, a report setting forth 
     the reimbursable operating expenses of the Executive 
     Residence during the preceding fiscal year, including the 
     total amount of such expenses, the amount of such total that 
     consists of reimbursable official and ceremonial events, the 
     amount of such total that consists of reimbursable political 
     events, and the portion of each such amount that has been 
     reimbursed as of the date of the report: Provided further, 
     That the Executive Residence shall maintain a system for the 
     tracking of expenses related to reimbursable events within 
     the Executive Residence that includes a standard for the 
     classification of any such expense as political or 
     nonpolitical: Provided further, That no provision of this 
     paragraph may be construed to exempt the Executive Residence 
     from any other applicable requirement of subchapter I or II 
     of chapter 37 of title 31, United States Code.

 Special Assistance to the President and the Official Residence of the 
                             Vice President


                         salaries and expenses

       For necessary expenses to enable the Vice President to 
     provide assistance to the President in connection with 
     specially assigned functions, services as authorized by 5 
     U.S.C. 3109 and 3 U.S.C. 106, including subsistence expenses 
     as authorized by 3 U.S.C. 106, which shall be expended and 
     accounted for as provided in that section; and hire of 
     passenger motor vehicles; $3,512,000.


                           operating expenses

       For the care, operation, refurnishing, improvement, heating 
     and lighting, including electric power and fixtures, of the 
     official residence of the Vice President, the hire of 
     passenger motor vehicles, and not to exceed $90,000 for 
     official entertainment expenses of the Vice President, to be 
     accounted for solely on his certificate; $334,000: Provided, 
     That advances or repayments or transfers from this 
     appropriation may be made to any department or agency for 
     expenses of carrying out such activities.

                      Council of Economic Advisers


                         salaries and expenses

       For necessary expenses of the Council in carrying out its 
     functions under the Employment Act of 1946 (15 U.S.C. 1021), 
     $3,666,000.

                      Office of Policy Development


                         salaries and expenses

       For necessary expenses of the Office of Policy Development, 
     including services as authorized by 5 U.S.C. 3109, and 3 
     U.S.C. 107; $4,032,000.

                       National Security Council


                         salaries and expenses

       For necessary expenses of the National Security Council, 
     including services as authorized by 5 U.S.C. 3109, 
     $6,806,000.

                        Office of Administration


                         salaries and expenses

       For necessary expenses of the Office of Administration, 
     including services as authorized by 5 U.S.C. 3109 and 3 
     U.S.C. 107, and hire of passenger motor vehicles $29,140,000: 
     Provided, That of the amount provided, funds are authorized 
     to be used for year 2000 conversion costs pending the 
     availability of funding through emergency appropriation, 
     pursuant to ``Funds Appropriated to the President, 
     Information Technology Systems and Related Expenses''.

                    Office of Management and Budget


                         salaries and expenses

       For necessary expenses of the Office of Management and 
     Budget, including hire of passenger motor vehicles, services 
     as authorized by 5 U.S.C. 3109, $60,617,000, of which not to 
     exceed $5,000,000 shall be available to carry out the 
     provisions of chapter 35 of title 44, United States Code: 
     Provided, That, as provided in 31 U.S.C. 1301(a), 
     appropriations shall be applied only to the objects for which 
     appropriations were made except as otherwise provided by law: 
     Provided further, That none of the funds made available for 
     the Office of Management and Budget by this Act may be 
     expended for the altering of the transcript of actual 
     testimony of witnesses, except for testimony of officials of 
     the Office of Management and Budget, before the House and 
     Senate Committees on Appropriations or the House and Senate 
     Committees on Veterans' Affairs or their subcommittees: 
     Provided further, That the Director of OMB submit a report 
     within 180 days of enactment to the Senate Committee on 
     Appropriations: (1) evaluating the implementation of specific 
     government-wide procedures for making federally funded 
     research results (including all underlying data and 
     supplementary materials) available as appropriate to the 
     public unless such research results are currently protected 
     from disclosure under current law; and (2) make a 
     determination based on this evaluation for the need for 
     additional or revised guidance: Provided further, That OMB is 
     directed to submit a report to the Senate Committee on 
     Appropriations and Senate Committee on Governmental Affairs 
     that: (1) identifies annual five percent reductions in 
     paperwork expected in fiscal year 1999 and fiscal year 2000; 
     and (2) issues guidance on the requirements of 5 U.S.C. Sec. 
     801(a)(1) and (3); sections 804(3), and 808(2), including a 
     standard new rule reporting form for use under section 
     801(a)(1)(A)-(B).

                 Office of National Drug Control Policy


                         salaries and expenses

                     (including transfer of funds)

       For necessary expenses of the Office of National Drug 
     Control Policy; for research activities pursuant to title I 
     of Public Law 100-690; not to exceed $8,000 for official 
     reception and representation expenses; and for participation 
     in joint projects or in the provision of services on matters 
     of mutual interest with nonprofit, research, or public 
     organizations or agencies, with or without reimbursement; 
     $48,042,000, of which $30,100,000 shall remain available 
     until expended, consisting of $1,100,000 for policy research 
     and evaluation and $16,000,000 for the Counterdrug Technology 
     Assessment Center for counternarcotics research and 
     development projects, and $13,000,000 for the continued 
     operation of the technology transfer program: Provided, That 
     the $16,000,000 for the Counterdrug Technology Assessment 
     Center shall be available

[[Page S10024]]

     for transfer to other Federal departments or agencies: 
     Provided further, That the Office is authorized to accept, 
     hold, administer, and utilize gifts, both real and personal, 
     for the purpose of aiding or facilitating the work of the 
     Office.

                     Federal Drug Control Programs


             high intensity drug trafficking areas program

                     (including transfer of funds)

       For necessary expenses of the Office of National Drug 
     Control Policy's High Intensity Drug Trafficking Areas 
     Program, $183,977,000 for drug control activities consistent 
     with the approved strategy for each of the designated High 
     Intensity Drug Trafficking Areas, of which $5,000,000 shall 
     be used for a newly designated High Intensity Drug 
     Trafficking Area in Dallas/Fort Worth and East Texas and 
     $1,000,000 shall be used for a newly designated High 
     Intensity Drug Trafficking Area in New England, should the 
     Director of the Office of National Drug Control Policy 
     determine that these locations meet the designated criteria, 
     and of which $3,000,000 shall be used to continue the 
     recently created Central Florida High Intensity Drug 
     Trafficking Area, and of which $1,970,000 shall be used for 
     the addition of North Dakota into the Midwest High Intensity 
     Drug Trafficking Area, and of which $7,000,000 shall be used 
     for methamphetamine programs otherwise provided for in this 
     legislation with not less than half of the $7,000,000 shall 
     expand the Midwest High Intensity Drug Trafficking Area, and 
     of which $1,000,000 shall be used to expand the Cascade High 
     Intensity Drug Trafficking Area, and of which $1,500,000 
     shall be provided to the Southwest Border High Intensity Drug 
     Trafficking Area, and of which $1,500,000 shall be used to 
     expand the Milwaukee, Wisconsin High Intensity Drug 
     Trafficking Area, and of which $1,500,000 shall be used to 
     continue the Rocky Mountain methamphetamine demonstration 
     program, of which no less than $90,630,000 shall be 
     transferred to State and local entities for drug control 
     activities, which shall be obligated within 120 days of the 
     date of enactment of this Act and up to $80,370,000 may be 
     transferred to Federal agencies and departments at a rate to 
     be determined by the Director: Provided, That funding shall 
     be provided for existing High Intensity Drug Trafficking 
     Areas at no less than the fiscal year 1998 level.


                        Special Forfeiture Fund

                     (Including transfer of funds)

       For activities to support a national anti-drug campaign for 
     youth, and other purposes, authorized by Public Law 100-690, 
     as amended, $200,000,000, to remain available until expended: 
     Provided, That such funds may be transferred to other Federal 
     departments and agencies to carry out such activities: 
     Provided further, That of the funds provided, $175,000,000 
     shall be to support a national media campaign to reduce and 
     prevent drug use among young Americans: Provided further, 
     That (1) ONDCP will require a pro-bono match commitment up-
     front as part of its media buy from each and every buyer of 
     ad time and space, (2) ONDCP will dedicate 10 percent of the 
     total amount appropriated specifically for the media campaign 
     for the creation and distribution of grassroots materials 
     aimed at children to be developed in consultation with 
     community groups and experts, and to be distributed to 
     communities and schools to support the national media 
     campaign, (3) ONDCP, or any agent acting on its behalf, may 
     not obligate any funds for the creative development of 
     advertisements from for-profit organizations, not including 
     out-of-pocket production costs and talent re-use payments, 
     unless (A) the advertisements are intended to reach a 
     minority, ethnic or other special audience that cannot be 
     obtained on a pro bono basis within the time frames required 
     by ONDCP's advertising and buying agencies, and (B) it 
     receives prior approval from the Senate Committee on 
     Appropriations, (4) ONDCP will secure corporate sponsorship 
     equaling 40 percent of the appropriated amount in fiscal year 
     1999, the definition of which is a contribution that is not 
     received as a result of leveraging funds to receive said 
     sponsorship, corporate sponsorship equaling 60 percent of the 
     appropriated amount in fiscal year 2000, corporate 
     sponsorship equaling 80 percent of the appropriated amount in 
     fiscal year 2001, corporate sponsorship equaling 100 percent 
     of the appropriated amount in fiscal year 2002, and will 
     report quarterly on its efforts to meet this goal, (5) ONDCP 
     is mandated to use appropriated funds solely to fund the 
     anti-drug media campaign to include only the purchase of 
     media time and space, talent re-use payments, out-of-pocket 
     advertising production costs, testing and evaluation of 
     advertising, evaluation of the effectiveness of the media 
     campaign, the negotiated fees for the winning bidder on the 
     request for proposal recently issued by ONDCP, partnership 
     with community, civic, and professional groups, and 
     government organizations related to the media campaign, 
     entertainment industry collaborations to fashion anti-drug 
     messages in movies, television programming, and popular 
     music, interactive (Internet and new) media projects/
     activities, public information (News Media Outreach), and 
     corporate sponsorship/participation, (6) ONDCP shall not 
     obligate funds provided for the national media campaign for 
     fiscal year 1999 until ONDCP has submitted the evaluation and 
     results of Phase I of the campaign to the Senate Committee on 
     Appropriations, and may obligate up to 75 percent of these 
     funds until ONDCP has submitted the evaluation and results of 
     Phase II of the campaign to the Committees, (7) ONDCP is 
     required to report to the Committee not only quarterly, but 
     also monthly itemized reporting of all expenditures and 
     obligations related to the media campaign, (8) funds shall be 
     provided for obligation for the national media campaign after 
     GAO has submitted and the Committee has approved the GAO 
     report on the evaluation of Phase I of the media campaign and 
     the GAO report on the media campaign financial management 
     review: Provided further, That of the funds provided, 
     $20,000,000 shall be to continue a program of matching grants 
     to drug-free communities, as authorized in the Drug-Free 
     Communities Act of 1997.


          INFORMATION TECHNOLOGY SYSTEMS AND RELATED EXPENSES

                     (INCLUDING TRANSFER OF FUNDS)

       For emergency expenses related to Year 2000 conversion of 
     Federal information technology systems, and related expenses, 
     $3,250,000,000, to remain available until September 30, 2001: 
     Provided, That the funds made available shall be transferred, 
     as necessary, by the Director of the Office of Management and 
     Budget to all affected federal Departments and Agencies for 
     expenses necessary to ensure the information technology that 
     is used or acquired by the federal government meets the 
     definition of Year 2000 compliant under Federal Acquisition 
     Regulations (concerning accurate processing of date/time 
     data, including calculating, comparing, and sequencing from, 
     into, and between the twentieth and twenty-first centuries, 
     and the years 1999 and 2000 and leap year calculations) and 
     to meet other criteria for Year 2000 compliance as the head 
     of each Department or Agency considers appropriate: Provided 
     further, That none of the funds provided under this heading 
     may be transferred to any Department or Agency until fifteen 
     days after the Director of the Office of Management and 
     Budget has submitted to the House and Senate Committees on 
     Appropriations and the Senate Special Committee on the Year 
     2000 Technology Problem a proposed allocation and plan for 
     that Department or Agency to achieve Year 2000 compliance for 
     technology information systems: Provided further, That the 
     transfer authority provided in this paragraph is in addition 
     to any other transfer authority contained elsewhere in this 
     or any other Act: Provided further, That funds provided under 
     this heading shall be in addition to funds available in this 
     or any other Act for Year 2000 compliance by any federal 
     Department or Agency: Provided further, That the 
     $3,250,000,000 shall be available only to the extent that an 
     official budget request that includes designation of the 
     entire amount of the request as an emergency requirement as 
     defined in the Balanced Budget and Emergency Deficit Control 
     Act of 1985, as amended, is transmitted by the President to 
     the Congress: Provided further, That the $3,250,000,000 is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.
       This title may be cited as the ``Executive Office 
     Appropriations Act, 1999''.

                     TITLE IV--INDEPENDENT AGENCIES

 Committee for Purchase From People Who Are Blind or Severely Disabled


                         salaries and expenses

       For necessary expenses of the Committee for Purchase From 
     People Who Are Blind or Severely Disabled established by the 
     Act of June 23, 1971, Public Law 92-28, $2,464,000.

                      Federal Election Commission


                         salaries and expenses

       For necessary expenses to carry out the provisions of the 
     Federal Election Campaign Act of 1971, as amended, 
     $33,700,000 (increased by $2,800,000 to be used for 
     enforcement activities), of which not to exceed $5,000 shall 
     be available for reception and representation expenses: 
     Provided, That of the amount provided, funds are authorized 
     to be used for year 2000 conversion costs pending the 
     availability of funding through emergency appropriation, 
     pursuant to ``Funds Appropriated to the President, 
     Information Technology Systems and Related Expenses''.

                   Federal Labor Relations Authority


                         salaries and expenses

       For necessary expenses to carry out functions of the 
     Federal Labor Relations Authority, pursuant to Reorganization 
     Plan Numbered 2 of 1978, and the Civil Service Reform Act of 
     1978, including services as authorized by 5 U.S.C. 3109, 
     including hire of experts and consultants, hire of passenger 
     motor vehicles, rental of conference rooms in the District of 
     Columbia and elsewhere; $22,586,000: Provided, That public 
     members of the Federal Service Impasses Panel may be paid 
     travel expenses and per diem in lieu of subsistence as 
     authorized by law (5 U.S.C. 5703) for persons employed 
     intermittently in the Government service, and compensation as 
     authorized by 5 U.S.C. 3109: Provided further, That 
     notwithstanding 31 U.S.C. 3302, funds received from fees 
     charged to non-Federal participants at labor-management 
     relations conferences shall be credited to and merged with 
     this account, to be available without further appropriation 
     for the costs of carrying out these conferences.

                    General Services Administration


                         federal buildings fund

                 limitations on availability of revenue

       To carry out the purpose of the Fund established pursuant 
     to section 210(f) of the Federal Property and Administrative 
     Services Act of 1949, as amended (40 U.S.C. 490(f)), the 
     $508,752,000 to be deposited into the Fund. The revenues and 
     collections deposited into the Fund shall be available for 
     necessary expenses of real property management and related 
     activities not otherwise provided for, including operation, 
     maintenance, and protection of federally owned and leased 
     buildings; rental of buildings in the District of Columbia; 
     restoration of leased premises; moving governmental agencies 
     (including space adjustments and telecommunications

[[Page S10025]]

     relocation expenses) in connection with the assignment, 
     allocation and transfer of space; contractual services 
     incident to cleaning or servicing buildings, and moving; 
     repair and alteration of federally owned buildings including 
     grounds, approaches and appurtenances; care and safeguarding 
     of sites; maintenance, preservation, demolition, and 
     equipment; acquisition of buildings and sites by purchase, 
     condemnation, or as otherwise authorized by law; acquisition 
     of options to purchase buildings and sites; conversion and 
     extension of federally owned buildings; preliminary planning 
     and design of projects by contract or otherwise; construction 
     of new buildings (including equipment for such buildings); 
     and payment of principal, interest, and any other obligations 
     for public buildings acquired by installment purchase and 
     purchase contract, in the aggregate amount of $5,648,680,000, 
     of which: (1) $538,652,000 shall remain available until 
     expended for construction of additional projects at locations 
     and at maximum construction improvement costs (including 
     funds for sites and expenses and associated design and 
     construction services) as follows:
       New construction:
       Arkansas:
       Little Rock, U.S. courthouse, $3,436,000
       California:
       San Diego, U.S. courthouse, $15,400,000
       San Jose, U.S. courthouse, $10,800,000
       Colorado:
       Denver, U.S. courthouse, $83,959,000
       District of Columbia:
       Southeast Federal Center remediation, $10,000,000
       Florida:
       Jacksonville, U.S. courthouse, $86,010,000
       Orlando, U.S. courthouse, $1,930,000
       Georgia:
       Savannah, U.S. courthouse, $46,462,000
       Massachusetts:
       Springfield, U.S. courthouse, $5,563,000
       Michigan:
       Sault Sainte Marie, border station, $572,000
       Mississippi:
       Biloxi-Gulfport U.S. courthouse, $7,543,000
       Missouri:
       Cape Girardeau U.S. courthouse, $2,196,000
       Montana:
       Babb, Piegan border station, $6,165,000
       New York:
       Brooklyn, U.S. courthouse, $152,626,000
       New York U.S. Mission to the United Nations, $3,163,000
       Oregon:
       Eugene, U.S. courthouse, $7,190,000
       Tennessee:
       Greenville, U.S. courthouse, $28,229,000
       Texas:
       Laredo, U.S. courthouse, $28,105,000
       West Virginia:
       Wheeling, U.S. courthouse, $29,303,000
       Nationwide:
       Nonprospectus, $10,000,000:
     Provided, That each of the immediately foregoing limits of 
     costs on new construction projects may be exceeded to the 
     extent that savings are effected in other such projects, but 
     not to exceed 10 percent unless advance approval is obtained 
     from the House and Senate Committees on Appropriations of a 
     greater amount: Provided further, That notwithstanding any 
     other provision of law in order to rescind a General Services 
     Administration property sale, the General Services 
     Administration is authorized to re-acquire that parcel of 
     land on Block 111, East Denver, Denver, Colorado, which was 
     sold at public auction by the Federal government to its 
     present owner pursuant to paragraphs (6) and (7) of section 
     12 of Public Law 94-204 (43 U.S.C. 1611 note) at a price 
     equivalent to the 1988 auction sale price plus the amount of 
     cumulative consumer price index, pursuant to the methodology 
     as used in Public Law 104-42, Sec. 107(a), from the closing 
     date of the sale until the date of re-acquisition by the 
     Federal government, offset by any net income received from 
     the property by the present owner since the 1988 sale: 
     Provided further, That the funds provided in Public Law 102-
     393 for Hilo, Hawaii shall be expended for the planning and 
     design of the Mauna Kea Astronomy Educational Center, 
     notwithstanding Public Law 103-123, and of the funds provided 
     not more than $475,000 is to be disbursed in this fiscal 
     year: Provided further, That of the amount provided, 
     $14,105,000 for the design of the Department of 
     Transportation headquarters building shall not be available 
     for obligation by the Administrator of General Services until 
     the Secretary of the Department of Transportation approves 
     airport landing rights for British Airways at Denver 
     International Airport, Denver, Colorado and certifies that he 
     has received a guarantee for year-round commercially viable 
     landing and take off slots for the U.S. carrier authorized to 
     serve the Charlotte-London (Gatwick) route: Provided further, 
     That all funds for direct construction projects shall expire 
     on September 30, 2000, and remain in the Federal Buildings 
     Fund except for funds for projects as to which funds for 
     design or other funds have been obligated in whole or in part 
     prior to such date; (2) $668,031,000 shall remain available 
     until expended, for repairs and alterations which includes 
     associated design and construction services: Provided 
     further, That of the amount provided, $323,800,000 shall not 
     be available for obligation until September 30, 1999: 
     Provided further, That funds in the Federal Buildings Fund 
     for Repairs and Alterations shall, for prospectus projects, 
     be limited to the amount by project as follows, except each 
     project may be increased by an amount not to exceed 10 
     percent unless advance approval is obtained from the House 
     and Senate Committees on Appropriations of a greater amount:
       Repairs and alterations:
       California:
       San Francisco, Appraisers Building, $29,778,000
       Colorado:
       Lakewood, Denver Federal Center, Building 25, $29,351,000
       District of Columbia:
       Federal Office Building, 10B, $13,844,000
       Interstate Commerce Commission, Connecting Wing Complex, 
     Customs Building, Phase 3/3, $83,959,000
       Old Executive Office Building, $25,210,000
       Department of State, Phase 1, $29,779,000
       New York:
       Brookhaven, Internal Revenue Service, Service Center, 
     $20,019,000
       New York, U.S. Courthouse, 40 Foley Square, $4,782,000
       Pennsylvania:
       Philadelphia, Byrne-Green, Federal Building-U.S. 
     Courthouse, $11,212,000
       Virginia:
       Reston, J.W. Powell Building, $9,151,000
       Nationwide:
       Chlorofluorocarbons Program, $25,000,000
       Energy Programs, $25,000,000
       Design Program, $16,710,000
       Basic Repairs and Alteration, $344,236,000:

     Provided further, That additional projects for which 
     prospectuses have been fully approved may be funded under 
     this category only if advance approval is obtained from the 
     Committees on Appropriations of the House and Senate: 
     Provided further, That the amounts provided in this or any 
     prior Act for ``Repairs and Alterations'' may be used to fund 
     costs associated with implementing security improvements to 
     buildings necessary to meet the minimum standards for 
     security in accordance with current law and in compliance 
     with the reprogramming guidelines of the appropriate 
     Committees of the House and Senate: Provided further, That 
     funds made available in this Act or any previous Act for 
     ``Repairs and Alterations'' shall, for prospectus projects, 
     be limited to the amount originally made available, except 
     each project may be increased by an amount not to exceed 10 
     percent when advance approval is obtained from the Committees 
     on Appropriations of the House and Senate of a greater 
     amount: Provided further, That the difference between the 
     funds appropriated and expended on any projects in this or 
     any prior Act, under the heading ``Repairs and Alterations'', 
     may be transferred to Basic Repairs and Alterations or used 
     to fund authorized increases in prospectus projects: Provided 
     further, That all funds for repairs and alterations 
     prospectus projects shall expire on September 30, 2000 and 
     remain in the Federal Buildings Fund except funds for 
     projects as to which funds for design or other funds have 
     been obligated in whole or in part prior to such date: 
     Provided further, That of the amount provided, $100,000 shall 
     be used to address the lighting issues at the Byrne-Green 
     Federal Courthouse in Philadelphia, Pennsylvania: Provided 
     further, That of the amount provided in this or any prior Act 
     for Basic Repairs and Alterations, $1,600,000 shall be 
     provided to complete the alterations required at the 
     Milwaukee, Wisconsin Courthouse: Provided further, That of 
     the amount provided in this or any prior Act for Basic 
     Repairs and Alterations, $1,100,000 may be used to provide a 
     new fence surrounding the Suitland Federal Complex in 
     Suitland, Maryland: Provided further, That the amount 
     provided in this or any prior Act for Basic Repairs and 
     Alterations may be used to pay claims against the Government 
     arising from any projects under the heading ``Repairs and 
     Alterations'' or used to fund authorized increases in 
     prospectus projects; (3) $215,764,000 for installment 
     acquisition payments including payments on purchase contracts 
     which shall remain available until expended; (4) 
     $2,583,261,000 for rental of space which shall remain 
     available until expended: Provided further, That of the 
     amount provided, $51,667,000 shall not be available for 
     obligation until September 30, 1999; and (5) $1,554,772,000 
     for building operations which shall remain available until 
     expended: Provided further, That of the amount provided 
     $31,095,000 shall not be available for obligation until 
     September 30, 1999: Provided further, That funds available to 
     the General Services Administration shall not be available 
     for expenses of any construction, repair, alteration and 
     acquisition project for which a prospectus, if required by 
     the Public Buildings Act of 1959, as amended, has not been 
     approved, except that necessary funds may be expended for 
     each project for required expenses for the development of a 
     proposed prospectus: Provided further, That for the purposes 
     of this authorization, and hereafter, buildings constructed 
     pursuant to the purchase contract authority of the Public 
     Buildings Amendments of 1972 (40 U.S.C. 602a), buildings 
     occupied pursuant to installment purchase contracts, and 
     buildings under the control of another department or agency 
     where alterations of such buildings are required in 
     connection with the moving of such other department or agency 
     from buildings then, or thereafter to be, under the control 
     of the General Services Administration shall be considered to 
     be federally owned buildings: Provided further, That funds 
     available in the Federal Buildings Fund may be expended for 
     emergency repairs when advance approval is obtained from the 
     Committees on Appropriations of the House and Senate: 
     Provided further, That amounts necessary to provide 
     reimbursable special services to other agencies under section 
     210(f)(6) of the Federal Property and Administrative Services 
     Act of 1949, as amended (40 U.S.C. 490(f)(6)) and amounts to 
     provide such reimbursable fencing, lighting, guard booths, 
     and other facilities on private or other property not in 
     Government ownership or control as may be appropriate to 
     enable the United States Secret Service to perform its 
     protective functions pursuant to 18 U.S.C. 3056, as amended, 
     shall be available from such revenues and collections: 
     Provided further, That the remaining balances and associated 
     assets and liabilities of the Pennsylvania Avenue Activities

[[Page S10026]]

     account are hereby transferred to the Federal Buildings Fund 
     to be effective October 1, 1998, and that all income earned 
     after that effective date that would otherwise have been 
     deposited to the Pennsylvania Avenue Activities account shall 
     thereafter be deposited to the Federal Buildings Fund, to be 
     available for the purposes authorized by Public Laws 104-134 
     and 104-208, notwithstanding subsection 210(f)(2) of the 
     Federal Property and Administrative Services Act, as amended: 
     Provided further, That of the amount provided, $475,000 shall 
     be made available for the 1999 Women's World Cup Soccer 
     event: Provided further, That of the amount provided, 
     $475,000 shall be made available for the 1999 World Alpine 
     Ski Championships: Provided further, That revenues and 
     collections and any other sums accruing to this Fund during 
     fiscal year 1999, excluding reimbursements under section 
     210(f)(6) of the Federal Property and Administrative Services 
     Act of 1949 (40 U.S.C. 490(f)(6)) in excess of $5,648,680,000 
     shall remain in the Fund and shall not be available for 
     expenditure except as authorized in appropriations Acts.


                         policy and operations

       For expenses authorized by law, not otherwise provided for, 
     for Government-wide policy and oversight activities 
     associated with asset management activities; utilization and 
     donation of surplus personal property; transportation; 
     procurement and supply; Government-wide and internal 
     responsibilities relating to automated data management, 
     telecommunications, information resources management, and 
     related technology activities; utilization survey, deed 
     compliance inspection, appraisal, environmental and cultural 
     analysis, and land use planning functions pertaining to 
     excess and surplus real property; agency-wide policy 
     direction; Board of Contract Appeals; accounting, records 
     management, and other support services incident to 
     adjudication of Indian Tribal Claims by the United States 
     Court of Federal Claims; services as authorized by 5 U.S.C. 
     3109; and not to exceed $5,000 for official reception and 
     representation expenses; $106,494,000: Provided, That none of 
     the funds appropriated from this Act or any other Act shall 
     be available to convert the Old Post Office at 1100 
     Pennsylvania Avenue in Northwest Washington, D.C. from office 
     use to any other use until a comprehensive plan, which shall 
     include street-level retail use, has been approved by the 
     Senate Committee on Appropriations: Provided further, That no 
     funds from this Act or any other Act shall be available to 
     acquire by purchase, condemnation, or otherwise the leasehold 
     rights of the existing lease with private parties at the Old 
     Post Office prior to the approval of the comprehensive plan 
     by the Senate Committee on Appropriations.

                      Office of Inspector General

       For necessary expenses of the Office of Inspector General 
     and services authorized by 5 U.S.C. 3109, $32,000,000: 
     Provided, That not to exceed $10,000 shall be available for 
     payment for information and detection of fraud against the 
     Government, including payment for recovery of stolen 
     Government property: Provided further, That not to exceed 
     $2,500 shall be available for awards to employees of other 
     Federal agencies and private citizens in recognition of 
     efforts and initiatives resulting in enhanced Office of 
     Inspector General effectiveness.


           allowances and office staff for former presidents

       For carrying out the provisions of the Act of August 25, 
     1958, as amended (3 U.S.C. 102 note), and Public Law 95-138, 
     $2,241,000: Provided, That the Administrator of General 
     Services shall transfer to the Secretary of the Treasury such 
     sums as may be necessary to carry out the provisions of such 
     Acts.

                           GENERAL PROVISIONS

                    General Services Administration

       Sec. 401. The appropriate appropriation or fund available 
     to the General Services Administration shall be credited with 
     the cost of operation, protection, maintenance, upkeep, 
     repair, and improvement, included as part of rentals received 
     from Government corporations pursuant to law (40 U.S.C. 129).
       Sec. 402. Funds available to the General Services 
     Administration shall be available for the hire of passenger 
     motor vehicles.
       Sec. 403. Funds in the Federal Buildings Fund made 
     available for fiscal year 1999 for Federal Buildings Fund 
     activities may be transferred between such activities only to 
     the extent necessary to meet program requirements: Provided, 
     That any proposed transfers shall be approved in advance by 
     the Committees on Appropriations of the House and Senate.
       Sec. 404. No funds made available by this Act shall be used 
     to transmit a fiscal year 2000 request for United States 
     Courthouse construction that: (1) does not meet the design 
     guide standards for construction as established and approved 
     by the General Services Administration, the Judicial 
     Conference of the United States, and the Office of Management 
     and Budget; and (2) does not reflect the priorities of the 
     Judicial Conference of the United States as set out in its 
     approved 5-year construction plan: Provided, That the fiscal 
     year 2000 request must be accompanied by a standardized 
     courtroom utilization study of each facility to be 
     constructed, replaced, or expanded.
       Sec. 405. None of the funds provided in this Act may be 
     used to increase the amount of occupiable square feet, 
     provide cleaning services, security enhancements, or any 
     other service usually provided through the Federal Buildings 
     Fund, to any agency which does not pay the rate per square 
     foot assessment for space and services as determined by the 
     General Services Administration in compliance with the Public 
     Buildings Amendments Act of 1972 (Public Law 92-313).
       Sec. 406. Funds provided to other Government agencies by 
     the Information Technology Fund, General Services 
     Administration, under 40 U.S.C. 757 and sections 5124(b) and 
     5128 of Public Law 104-106, Information Technology Management 
     Reform Act of 1996, for performance of pilot information 
     technology projects which have potential for Government-wide 
     benefits and savings, may be repaid to this Fund from any 
     savings actually incurred by these projects or other funding, 
     to the extent feasible.
       Sec. 407. From funds made available under the heading 
     ``Federal Buildings Fund Limitations on Revenue'', claims 
     against the Government of less than $250,000 arising from 
     direct construction projects and acquisition of buildings may 
     be liquidated from savings effected in other construction 
     projects with prior notification to the Committees on 
     Appropriations of the House and Senate.
       Sec. 408. From the funds made available under the heading 
     ``Federal Buildings Fund Limitations on Revenue'', in 
     addition to amounts provided in budget activities above, up 
     to $5,000,000 shall be available for the demolition, cleanup 
     and conveyance of the property at block 35 and lot 2 of block 
     36 in Anchorage, Alaska: Provided, That notwithstanding any 
     other provision of law, the Administrator of General Services 
     shall, not later than 18 months after the date of enactment 
     of this Act, demolish and remove all buildings, structures 
     and other fixtures on the property at block 35 and lot 2 of 
     block 36, Anchorage Original Townsite East Addition, 
     Anchorage, Alaska, excluding any portion dedicated for use by 
     the Centers for Disease Control and Prevention: Provided 
     further, That the remediation of said parcel shall include 
     the removal of all asbestos, lead and any other 
     contamination, and restoration of the property, to the extent 
     practicable, to an undeveloped condition: Provided further, 
     That upon completion of the activities required for the 
     demolition and removal of buildings, and notwithstanding any 
     other provision of law, the Administrator of General Services 
     shall convey to the municipality of Anchorage, without 
     reimbursement, all right, title, and interest of the United 
     States to the property.
       Sec. 409. The Administrator of General Services may convey, 
     without consideration, to the City of Racine, Wisconsin all 
     right, title, and interest of the United States in and to a 
     parcel of excess real property, including improvements 
     thereon, that is located on 2310 Center Street, commencing at 
     the intersection of the North line of 24th Street and the 
     center line of Center Street, being the point of the 
     beginning; thence Northerly along the center line of Center 
     Street, 426 feet to the South line of 23rd Street extended 
     East; thence Westerly along the South line of 23rd street 
     extended East; 325 feet to the West line of Franklin Street 
     extended South; thence southerly along the West line of 
     Franklin Street extended South to a point on the North line 
     of 24th Street; thence Easterly along the North line of 24th 
     Street to the point of beginning located in Racine, Wisconsin 
     and which contains the U.S. Army Reserve Center.
       Sec. 410. Department of Transportation Headquarters. (a) In 
     General.--The Administrator of General Services shall--
       (1) enter into an operating lease to acquire space for the 
     Department of Transportation headquarters; and
       (2) commence procurement of the lease not later than 
     November 1, 1998:
     Provided, That the annual rent payment does not exceed 
     $55,000,000.
       (b) Terms.--The authority granted in subsection (a) is 
     effective only to the extent that the lease acquisition meets 
     the guidelines for operating leases set forth in the joint 
     statement of the managers for the conference report to the 
     Balanced Budget Agreement of 1997, as determined by the 
     Director of the Office of Management and Budget.
       Sec. 411. Security of Capitol Complex. There is 
     appropriated to the Architect of the Capitol for costs 
     associated with the security of the Capitol complex 
     $14,105,000.
       Sec. 412. Land Conveyance, United States Naval Observatory/
     Alternate Time Service Laboratory, Florida. (a) Conveyance 
     Authorized.--If the Secretary of the Navy reports to the 
     Administrator of General Services that the property described 
     in subsection (b) is excess property of the Department of the 
     Navy under section 202(b) of the Federal Property and 
     Administrative Services Act of 1949 (40 U.S.C. 483(b)), and 
     if the Administrator of General Services determines that such 
     property is surplus property under that Act, then the 
     Administrator may convey to the University of Miami, by 
     negotiated sale or negotiated land exchange within one year 
     after the date of the determination by the Administrator, all 
     right, title, and interest of the United States in and to the 
     property.
       (b) Covered Property.--The property referred to in 
     subsection (a) is real property in Miami-Dade County, 
     Florida, including improvements thereon, comprising the 
     Federal facility known as the United States Naval 
     Observatory/Alternate Time Service Laboratory, consisting of 
     approximately 76 acres. The exact acreage and legal 
     description of the property shall be determined by a survey 
     that is satisfactory to the Administrator.
       (c) Condition Regarding Use.--Any conveyance under 
     subsection (a) shall be subject to the condition that during 
     the 10-year period beginning on the date of the conveyance, 
     the University shall use the property, or provide for use of 
     the property, only for--
       (1) a research, education, and training facility 
     complementary to longstanding national research missions, 
     subject to such incidental exceptions as may be approved by 
     the Administrator;
       (2) research-related purposes other than the use specified 
     in paragraph (1), under an agreement entered into by the 
     Administrator and the University; or

[[Page S10027]]

       (3) a combination of uses described in paragraph (1) and 
     paragraph (2), respectively.
       (d) Reversion.--If the Administrator determines at any time 
     that the property conveyed under subsection (a) is not being 
     used in accordance with this section, all right, title, and 
     interest in and to the property, including any improvements 
     thereon, shall revert to the United States, and the United 
     States shall have the right of immediate entry thereon.
       (e) Additional Terms and Conditions.--The Administrator may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Administrator 
     considers appropriate to protect the interests of the United 
     States.

                     Merit Systems Protection Board


                         salaries and expenses

                     (including transfer of funds)

       For necessary expenses to carry out functions of the Merit 
     Systems Protection Board pursuant to Reorganization Plan 
     Numbered 2 of 1978 and the Civil Service Reform Act of 1978, 
     including services as authorized by 5 U.S.C. 3109, rental of 
     conference rooms in the District of Columbia and elsewhere, 
     hire of passenger motor vehicles, and direct procurement of 
     survey printing, $25,805,000, together with not to exceed 
     $2,430,000 for administrative expenses to adjudicate 
     retirement appeals to be transferred from the Civil Service 
     Retirement and Disability Fund in amounts determined by the 
     Merit Systems Protection Board.

              National Archives and Records Administration


                           operating expenses

       For necessary expenses in connection with the 
     administration of the National Archives (including the 
     Information Security Oversight Office) and records and 
     related activities, as provided by law, and for expenses 
     necessary for the review and declassification of documents, 
     and for the hire of passenger motor vehicles, $221,030,000: 
     Provided, That of the amount provided, $4,277,000 shall not 
     be available for obligation until September 30, 1999: 
     Provided further, That the Archivist of the United States is 
     authorized to use any excess funds available from the amount 
     borrowed for construction of the National Archives facility, 
     for expenses necessary to provide adequate storage for 
     holdings: Provided further, That of the amount provided, 
     funds are authorized to be used for year 2000 conversion 
     costs pending the availability of funding through emergency 
     appropriation, pursuant to ``Funds Appropriated to the 
     President, Information Technology Systems and Related 
     Expenses''.


              archives facilities repairs and restoration

       For the repair, alteration, and improvement of archives 
     facilities, and to provide adequate storage for holdings, 
     $11,325,000, to remain available until expended, of which 
     $2,000,000 is for an architectural and engineering study for 
     the renovation of the Archives I facility, and of which 
     $4,000,000 is for encasement of the Charters of Freedom, and 
     of which $875,000 is for the requirements study and design of 
     the National Archives Anchorage facility: Provided, That of 
     the amount provided, $2,000,000 shall not be available for 
     obligation until September 30, 1999.

        National Historical Publications and Records Commission


                             grants program

       For necessary expenses for allocations and grants for 
     historical publications and records as authorized by 44 
     U.S.C. 2504, as amended, $11,000,000, to remain available 
     until expended: Provided, That of the amount provided, 
     $5,500,000 shall not be available for obligation until 
     September 30, 1999.

                      Office of Government Ethics


                         salaries and expenses

       For necessary expenses to carry out functions of the Office 
     of Government Ethics pursuant to the Ethics in Government Act 
     of 1978, as amended by Public Law 100-598, and the Ethics 
     Reform Act of 1989, Public Law 101-194, including services as 
     authorized by 5 U.S.C. 3109, rental of conference rooms in 
     the District of Columbia and elsewhere, hire of passenger 
     motor vehicles, and not to exceed $1,500 for official 
     reception and representation expenses; $8,492,000.

                     Office of Personnel Management


                         salaries and expenses

                  (including transfer of trust funds)

       For necessary expenses to carry out functions of the Office 
     of Personnel Management pursuant to Reorganization Plan 
     Numbered 2 of 1978 and the Civil Service Reform Act of 1978, 
     including services as authorized by 5 U.S.C. 3109; medical 
     examinations performed for veterans by private physicians on 
     a fee basis; rental of conference rooms in the District of 
     Columbia and elsewhere; hire of passenger motor vehicles; not 
     to exceed $2,500 for official reception and representation 
     expenses; advances for reimbursements to applicable funds of 
     the Office of Personnel Management and the Federal Bureau of 
     Investigation for expenses incurred under Executive Order No. 
     10422 of January 9, 1953, as amended; and payment of per diem 
     and/or subsistence allowances to employees where Voting 
     Rights Act activities require an employee to remain overnight 
     at his or her post of duty; $85,350,000; and in addition 
     $91,236,000 for administrative expenses, to be transferred 
     from the appropriate trust funds of the Office of Personnel 
     Management without regard to other statutes, including direct 
     procurement of printed materials, for the retirement and 
     insurance programs: Provided, That the provisions of this 
     appropriation shall not affect the authority to use 
     applicable trust funds as provided by section 8348(a)(1)(B) 
     of title 5, United States Code: Provided further, That, 
     except as may be consistent with 5 U.S.C. 8902a(f)(1) and 
     (i), no payment may be made from the Employees Health 
     Benefits Fund to any physician, hospital, or other provider 
     of health care services or supplies who is, at the time such 
     services or supplies are provided to an individual covered 
     under chapter 89 of title 5, United States Code, excluded, 
     pursuant to section 1128 or 1128A of the Social Security Act 
     (42 U.S.C. 1320a-7 through 1320a-7a), from participation in 
     any program under title XVIII of the Social Security Act (42 
     U.S.C. 1395 et seq.): Provided further, That no part of this 
     appropriation shall be available for salaries and expenses of 
     the Legal Examining Unit of the Office of Personnel 
     Management established pursuant to Executive Order No. 9358 
     of July 1, 1943, or any successor unit of like purpose: 
     Provided further, That the President's Commission on White 
     House Fellows, established by Executive Order No. 11183 of 
     October 3, 1964, may, during the fiscal year ending September 
     30, 1999, accept donations of money, property, and personal 
     services in connection with the development of a publicity 
     brochure to provide information about the White House 
     Fellows, except that no such donations shall be accepted for 
     travel or reimbursement of travel expenses, or for the 
     salaries of employees of such Commission.

                      Office of Inspector General


                         salaries and expenses

                  (including transfer of trust funds)

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act, 
     as amended, including services as authorized by 5 U.S.C. 
     3109, hire of passenger motor vehicles, $960,000; and in 
     addition, not to exceed $9,145,000 for administrative 
     expenses to audit the Office of Personnel Management's 
     retirement and insurance programs, to be transferred from the 
     appropriate trust funds of the Office of Personnel 
     Management, as determined by the Inspector General: Provided, 
     That the Inspector General is authorized to rent conference 
     rooms in the District of Columbia and elsewhere.


      government payment for annuitants, employees health benefits

       For payment of Government contributions with respect to 
     retired employees, as authorized by chapter 89 of title 5, 
     United States Code, and the Retired Federal Employees Health 
     Benefits Act (74 Stat. 849), as amended, such sums as may be 
     necessary.


       Government Payment for Annuitants, Employee Life Insurance

       For payment of Government contributions with respect to 
     employees retiring after December 31, 1989, as required by 
     chapter 87 of title 5, United States Code, such sums as may 
     be necessary.


        Payment to Civil Service Retirement and Disability Fund

       For financing the unfunded liability of new and increased 
     annuity benefits becoming effective on or after October 20, 
     1969, as authorized by 5 U.S.C. 8348, and annuities under 
     special Acts to be credited to the Civil Service Retirement 
     and Disability Fund, such sums as may be necessary: Provided, 
     That annuities authorized by the Act of May 29, 1944, as 
     amended, and the Act of August 19, 1950, as amended (33 
     U.S.C. 771-775), may hereafter be paid out of the Civil 
     Service Retirement and Disability Fund.

                       Office of Special Counsel


                         Salaries and Expenses

       For necessary expenses to carry out functions of the Office 
     of Special Counsel pursuant to Reorganization Plan Numbered 2 
     of 1978, the Civil Service Reform Act of 1978 (Public Law 95-
     454), the Whistleblower Protection Act of 1989 (Public Law 
     101-12), Public Law 103-424, and the Uniformed Services 
     Employment and Reemployment Act of 1994 (Public Law 103-353), 
     including services as authorized by 5 U.S.C. 3109, payment of 
     fees and expenses for witnesses, rental of conference rooms 
     in the District of Columbia and elsewhere, and hire of 
     passenger motor vehicles; $8,720,000.

                        United States Tax Court


                         Salaries and Expenses

       For necessary expenses, including contract reporting and 
     other services as authorized by 5 U.S.C. 3109, $32,765,000: 
     Provided, That travel expenses of the judges shall be paid 
     upon the written certificate of the judge.
       This title may be cited as the ``Independent Agencies 
     Appropriations Act, 1999''.

                      TITLE V--GENERAL PROVISIONS

                                This Act

       Sec. 501. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 502. The expenditure of any appropriation under this 
     Act for any consulting service through procurement contract, 
     pursuant to 5 U.S.C. 3109, shall be limited to those 
     contracts where such expenditures are a matter of public 
     record and available for public inspection, except where 
     otherwise provided under existing law, or under existing 
     Executive order issued pursuant to existing law.
       Sec. 503. None of the funds made available by this Act 
     shall be available for any activity or for paying the salary 
     of any Government employee where funding an activity or 
     paying a salary to a Government employee would result in a 
     decision, determination, rule, regulation, or policy that 
     would prohibit the enforcement of section 307 of the Tariff 
     Act of 1930.
       Sec. 504. None of the funds made available by this Act 
     shall be available in fiscal year 1999, for the purpose of 
     transferring control over the Federal Law Enforcement 
     Training Center located at Glynco, Georgia, and Artesia, New 
     Mexico, out of the Department of the Treasury.
       Sec. 505. No part of any appropriation contained in this 
     Act shall be available to pay the salary for any person 
     filling a position, other than a temporary position, formerly 
     held by an

[[Page S10028]]

     employee who has left to enter the Armed Forces of the United 
     States and has satisfactorily completed his period of active 
     military or naval service, and has within 90 days after his 
     release from such service or from hospitalization continuing 
     after discharge for a period of not more than 1 year, made 
     application for restoration to his former position and has 
     been certified by the Office of Personnel Management as still 
     qualified to perform the duties of his former position and 
     has not been restored thereto.
       Sec. 506. No funds appropriated pursuant to this Act may be 
     expended by an entity unless the entity agrees that in 
     expending the assistance the entity will comply with sections 
     2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c, 
     popularly known as the ``Buy American Act'').
       Sec. 507. (a) Purchase of American-Made Equipment and 
     Products.--In the case of any equipment or products that may 
     be authorized to be purchased with financial assistance 
     provided under this Act, it is the sense of the Congress that 
     entities receiving such assistance should, in expending the 
     assistance, purchase only American-made equipment and 
     products.
       (b) Notice to Recipients of Assistance.--In providing 
     financial assistance under this Act, the Secretary of the 
     Treasury shall provide to each recipient of the assistance a 
     notice describing the statement made in subsection (a) by the 
     Congress.
       Sec. 508. If it has been finally determined by a court or 
     Federal agency that any person intentionally affixed a label 
     bearing a ``Made in America'' inscription, or any inscription 
     with the same meaning, to any product sold in or shipped to 
     the United States that is not made in the United States, such 
     person shall be ineligible to receive any contract or 
     subcontract made with funds provided pursuant to this Act, 
     pursuant to the debarment, suspension, and ineligibility 
     procedures described in sections 9.400 through 9.409 of title 
     48, Code of Federal Regulations.
       Sec. 509. Except as otherwise specifically provided by law, 
     not to exceed 50 percent of unobligated balances remaining 
     available at the end of fiscal year 1999 from appropriations 
     made available for salaries and expenses for fiscal year 1999 
     in this Act, shall remain available through September 30, 
     2000, for each such account for the purposes authorized: 
     Provided, That a request shall be submitted to the House and 
     Senate Committees on Appropriations for approval prior to the 
     expenditure of such funds: Provided further, That these 
     requests shall be made in compliance with reprogramming 
     guidelines.
       Sec. 510. None of the funds made available in this Act may 
     be used by the Executive Office of the President to request 
     from the Federal Bureau of Investigation any official 
     background investigation report on any individual, except 
     when it is made known to the Federal official having 
     authority to obligate or expend such funds that--
       (1) such individual has given his or her express written 
     consent for such request not more than 6 months prior to the 
     date of such request and during the same presidential 
     administration; or
       (2) such request is required due to extraordinary 
     circumstances involving national security.
       Sec. 511. Provisions for Staff Director and General Counsel 
     of the Federal Election Commission. (a) Appointment and Term 
     of Service.--
       (1) In general.--Section 306c(f) of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 437c(f)) is amended by 
     striking paragraph (1) and inserting the following:
       ``(1)(A) The Commission shall have a staff director and a 
     general counsel who shall be appointed by an affirmative vote 
     of not less than 4 members of the Commission. Subject to 
     exception in subparagraph (D), the staff director and general 
     counsel shall, beginning January 1, 1999, serve for terms of 
     6 years and such terms may be renewed by an affirmative vote 
     of not less than 3 members of the Commission.
       ``(B) The staff director and general counsel may serve 
     after the expiration of his or her term until his or her 
     successor has been appointed.
       ``(C) An individual appointed to fill a vacancy occurring 
     other than by the expiration of a term of office shall be 
     appointed only for the unexpired term of the staff director 
     or general counsel he or she succeeds.
       ``(D) The term of any individual appointed prior to and 
     serving on the date of enactment of this Act as general 
     counsel shall be until January 1, 2008 and shall not be 
     subject to renewal under subparagraph (A) until such date.''.
       (b) Rule of Construction Regarding Authority of Acting 
     Staff Director or General Counsel.--Section 306(f) of such 
     Act (2 U.S.C. 437c(f)) is amended by adding at the end the 
     following:
       ``(5) Nothing in this Act shall be construed to prohibit 
     any individual serving as an acting staff director of the 
     Commission from performing any functions of the staff 
     director of the Commission or any individual serving as an 
     acting general counsel of the Commission from performing any 
     functions of the general counsel of the Commission.''.

                      TITLE VI--GENERAL PROVISIONS

                Departments, Agencies, and Corporations

       Sec. 601. Funds appropriated in this or any other Act may 
     be used to pay travel to the United States for the immediate 
     family of employees serving abroad in cases of death or life 
     threatening illness of said employee.
       Sec. 602. No department, agency, or instrumentality of the 
     United States receiving appropriated funds under this or any 
     other Act for fiscal year 1999 shall obligate or expend any 
     such funds, unless such department, agency, or 
     instrumentality has in place, and will continue to administer 
     in good faith, a written policy designed to ensure that all 
     of its workplaces are free from the illegal use, possession, 
     or distribution of controlled substances (as defined in the 
     Controlled Substances Act) by the officers and employees of 
     such department, agency, or instrumentality.
       Sec. 603. Notwithstanding 31 U.S.C. 1345, any agency, 
     department, or instrumentality of the United States which 
     provides or proposes to provide child care services for 
     Federal employees may reimburse any Federal employee or any 
     person employed to provide such services for travel, 
     transportation, and subsistence expenses incurred for 
     training classes, conferences, or other meetings in 
     connection with the provision of such services: Provided, 
     That any per diem allowance made pursuant to this section 
     shall not exceed the rate specified in regulations prescribed 
     pursuant to section 5707 of title 5, United States Code.
       Sec. 604. Unless otherwise specifically provided, the 
     maximum amount allowable during the current fiscal year in 
     accordance with section 16 of the Act of August 2, 1946 (60 
     Stat. 810), for the purchase of any passenger motor vehicle 
     (exclusive of buses, ambulances, law enforcement, and 
     undercover surveillance vehicles), is hereby fixed at $8,100 
     except station wagons for which the maximum shall be $9,100: 
     Provided, That these limits may be exceeded by not to exceed 
     $3,700 for police-type vehicles, and by not to exceed $4,000 
     for special heavy-duty vehicles: Provided further, That the 
     limits set forth in this section may not be exceeded by more 
     than 5 percent for electric or hybrid vehicles purchased for 
     demonstration under the provisions of the Electric and Hybrid 
     Vehicle Research, Development, and Demonstration Act of 1976: 
     Provided further, That the limits set forth in this section 
     may be exceeded by the incremental cost of clean alternative 
     fuels vehicles acquired pursuant to Public Law 101-549 over 
     the cost of comparable conventionally fueled vehicles.
       Sec. 605. Appropriations of the executive departments and 
     independent establishments for the current fiscal year 
     available for expenses of travel, or for the expenses of the 
     activity concerned, are hereby made available for quarters 
     allowances and cost-of-living allowances, in accordance with 
     5 U.S.C. 5922-5924.
       Sec. 606. Unless otherwise specified during the current 
     fiscal year, no part of any appropriation contained in this 
     or any other Act shall be used to pay the compensation of any 
     officer or employee of the Government of the United States 
     (including any agency the majority of the stock of which is 
     owned by the Government of the United States) whose post of 
     duty is in the continental United States unless such person: 
     (1) is a citizen of the United States; (2) is a person in the 
     service of the United States on the date of enactment of this 
     Act who, being eligible for citizenship, has filed a 
     declaration of intention to become a citizen of the United 
     States prior to such date and is actually residing in the 
     United States; (3) is a person who owes allegiance to the 
     United States; (4) is an alien from Cuba, Poland, South 
     Vietnam, the countries of the former Soviet Union, or the 
     Baltic countries lawfully admitted to the United States for 
     permanent residence; (5) is a South Vietnamese, Cambodian, or 
     Laotian refugee paroled in the United States after January 1, 
     1975; or (6) is a national of the People's Republic of China 
     who qualifies for adjustment of status pursuant to the 
     Chinese Student Protection Act of 1992: Provided, That for 
     the purpose of this section, an affidavit signed by any such 
     person shall be considered prima facie evidence that the 
     requirements of this section with respect to his or her 
     status have been complied with: Provided further, That any 
     person making a false affidavit shall be guilty of a felony, 
     and, upon conviction, shall be fined no more than $4,000 or 
     imprisoned for not more than 1 year, or both: Provided 
     further, That the above penal clause shall be in addition to, 
     and not in substitution for, any other provisions of existing 
     law: Provided further, That any payment made to any officer 
     or employee contrary to the provisions of this section shall 
     be recoverable in action by the Federal Government. This 
     section shall not apply to citizens of Ireland, Israel, or 
     the Republic of the Philippines, or to nationals of those 
     countries allied with the United States in a current defense 
     effort, or to international broadcasters employed by the 
     United States Information Agency, or to temporary employment 
     of translators, or to temporary employment in the field 
     service (not to exceed 60 days) as a result of emergencies.
       Sec. 607. Appropriations available to any department or 
     agency during the current fiscal year for necessary expenses, 
     including maintenance or operating expenses, shall also be 
     available for payment to the General Services Administration 
     for charges for space and services and those expenses of 
     renovation and alteration of buildings and facilities which 
     constitute public improvements performed in accordance with 
     the Public Buildings Act of 1959 (73 Stat. 749), the Public 
     Buildings Amendments of 1972 (87 Stat. 216), or other 
     applicable law.
       Sec. 608. In addition to funds provided in this or any 
     other Act, all Federal agencies are authorized to receive and 
     use funds resulting from the sale of materials, including 
     Federal records disposed of pursuant to a records schedule 
     recovered through recycling or waste prevention programs. 
     Such funds shall be available until expended for the 
     following purposes:
       (1) Acquisition, waste reduction and prevention, and 
     recycling programs as described in Executive Order No. 12873 
     (October 20, 1993), including any such programs adopted prior 
     to the effective date of the Executive order.
       (2) Other Federal agency environmental management programs, 
     including, but not limited to, the development and 
     implementation of hazardous waste management and pollution 
     prevention programs.

[[Page S10029]]

       (3) Other employee programs as authorized by law or as 
     deemed appropriate by the head of the Federal agency.
       Sec. 609. Funds made available by this or any other Act for 
     administrative expenses in the current fiscal year of the 
     corporations and agencies subject to chapter 91 of title 31, 
     United States Code, shall be available, in addition to 
     objects for which such funds are otherwise available, for 
     rent in the District of Columbia; services in accordance with 
     5 U.S.C. 3109; and the objects specified under this head, all 
     the provisions of which shall be applicable to the 
     expenditure of such funds unless otherwise specified in the 
     Act by which they are made available: Provided, That in the 
     event any functions budgeted as administrative expenses are 
     subsequently transferred to or paid from other funds, the 
     limitations on administrative expenses shall be 
     correspondingly reduced.
       Sec. 610. No part of any appropriation for the current 
     fiscal year contained in this or any other Act shall be paid 
     to any person for the filling of any position for which he or 
     she has been nominated after the Senate has voted not to 
     approve the nomination of said person.
       Sec. 611. No part of any appropriation contained in this or 
     any other Act shall be available for interagency financing of 
     boards (except Federal Executive Boards), commissions, 
     councils, committees, or similar groups (whether or not they 
     are interagency entities) which do not have a prior and 
     specific statutory approval to receive financial support from 
     more than one agency or instrumentality.
       Sec. 612. Funds made available by this or any other Act to 
     the Postal Service Fund (39 U.S.C. 2003) shall be available 
     for employment of guards for all buildings and areas owned or 
     occupied by the Postal Service and under the charge and 
     control of the Postal Service, and such guards shall have, 
     with respect to such property, the powers of special 
     policemen provided by the first section of the Act of June 1, 
     1948, as amended (62 Stat. 281; 40 U.S.C. 318), and, as to 
     property owned or occupied by the Postal Service, the 
     Postmaster General may take the same actions as the 
     Administrator of General Services may take under the 
     provisions of sections 2 and 3 of the Act of June 1, 1948, as 
     amended (62 Stat. 281; 40 U.S.C. 318a and 318b), attaching 
     thereto penal consequences under the authority and within the 
     limits provided in section 4 of the Act of June 1, 1948, as 
     amended (62 Stat. 281; 40 U.S.C. 318c).
       Sec. 613. None of the funds made available pursuant to the 
     provisions of this Act shall be used to implement, 
     administer, or enforce any regulation which has been 
     disapproved pursuant to a resolution of disapproval duly 
     adopted in accordance with the applicable law of the United 
     States.
       Sec. 614. (a) Notwithstanding any other provision of law, 
     and except as otherwise provided in this section, no part of 
     any of the funds appropriated for the fiscal year ending on 
     September 30, 1999, by this or any other Act, may be used to 
     pay any prevailing rate employee described in section 
     5342(a)(2)(A) of title 5, United States Code--
       (1) during the period from the date of expiration of the 
     limitation imposed by section 614 of the Treasury and General 
     Government Appropriations Act, 1998, until the normal 
     effective date of the applicable wage survey adjustment that 
     is to take effect in fiscal year 1999, in an amount that 
     exceeds the rate payable for the applicable grade and step of 
     the applicable wage schedule in accordance with such section 
     614; and
       (2) during the period consisting of the remainder of fiscal 
     year 1999, in an amount that exceeds, as a result of a wage 
     survey adjustment, the rate payable under paragraph (1) by 
     more than the sum of--
       (A) the percentage adjustment taking effect in fiscal year 
     1999 under section 5303 of title 5, United States Code, in 
     the rates of pay under the General Schedule; and
       (B) the difference between the overall average percentage 
     of the locality-based comparability payments taking effect in 
     fiscal year 1999 under section 5304 of such title (whether by 
     adjustment or otherwise), and the overall average percentage 
     of such payments which was effective in fiscal year 1998 
     under such section.
       (b) Notwithstanding any other provision of law, no 
     prevailing rate employee described in subparagraph (B) or (C) 
     of section 5342(a)(2) of title 5, United States Code, and no 
     employee covered by section 5348 of such title, may be paid 
     during the periods for which subsection (a) is in effect at a 
     rate that exceeds the rates that would be payable under 
     subsection (a) were subsection (a) applicable to such 
     employee.
       (c) For the purposes of this section, the rates payable to 
     an employee who is covered by this section and who is paid 
     from a schedule not in existence on September 30, 1998, shall 
     be determined under regulations prescribed by the Office of 
     Personnel Management.
       (d) Notwithstanding any other provision of law, rates of 
     premium pay for employees subject to this section may not be 
     changed from the rates in effect on September 30, 1998, 
     except to the extent determined by the Office of Personnel 
     Management to be consistent with the purpose of this section.
       (e) This section shall apply with respect to pay for 
     service performed after September 30, 1998.
       (f) For the purpose of administering any provision of law 
     (including any rule or regulation that provides premium pay, 
     retirement, life insurance, or any other employee benefit) 
     that requires any deduction or contribution, or that imposes 
     any requirement or limitation on the basis of a rate of 
     salary or basic pay, the rate of salary or basic pay payable 
     after the application of this section shall be treated as the 
     rate of salary or basic pay.
       (g) Nothing in this section shall be considered to permit 
     or require the payment to any employee covered by this 
     section at a rate in excess of the rate that would be payable 
     were this section not in effect.
       (h) The Office of Personnel Management may provide for 
     exceptions to the limitations imposed by this section if the 
     Office determines that such exceptions are necessary to 
     ensure the recruitment or retention of qualified employees.
       Sec. 615. During the period in which the head of any 
     department or agency, or any other officer or civilian 
     employee of the Government appointed by the President of the 
     United States, holds office, no funds may be obligated or 
     expended in excess of $5,000 to furnish or redecorate the 
     office of such department head, agency head, officer, or 
     employee, or to purchase furniture or make improvements for 
     any such office, unless advance notice of such furnishing or 
     redecoration is expressly approved by the Committees on 
     Appropriations of the House and Senate. For the purposes of 
     this section, the word ``office'' shall include the entire 
     suite of offices assigned to the individual, as well as any 
     other space used primarily by the individual or the use of 
     which is directly controlled by the individual.
       Sec. 616. Notwithstanding any other provision of law, no 
     executive branch agency shall purchase, construct, and/or 
     lease any additional facilities, except within or contiguous 
     to existing locations, to be used for the purpose of 
     conducting Federal law enforcement training without the 
     advance approval of the House and Senate Committees on 
     Appropriations, except that the Federal Law Enforcement 
     Training Center is authorized to obtain the temporary use of 
     additional facilities by lease, contract, or other agreement 
     for training which cannot be accommodated in existing Center 
     facilities.
       Sec. 617. Notwithstanding section 1346 of title 31, United 
     States Code, or section 611 of this Act, funds made available 
     for fiscal year 1999 by this or any other Act shall be 
     available for the interagency funding of national security 
     and emergency preparedness telecommunications initiatives 
     which benefit multiple Federal departments, agencies, or 
     entities, as provided by Executive Order No. 12472 (April 3, 
     1984).
       Sec. 618. (a) None of the funds appropriated by this or any 
     other Act may be obligated or expended by any Federal 
     department, agency, or other instrumentality for the salaries 
     or expenses of any employee appointed to a position of a 
     confidential or policy-determining character excepted from 
     the competitive service pursuant to section 3302 of title 5, 
     United States Code, without a certification to the Office of 
     Personnel Management from the head of the Federal department, 
     agency, or other instrumentality employing the Schedule C 
     appointee that the Schedule C position was not created solely 
     or primarily in order to detail the employee to the White 
     House.
       (b) The provisions of this section shall not apply to 
     Federal employees or members of the armed services detailed 
     to or from--
       (1) the Central Intelligence Agency;
       (2) the National Security Agency;
       (3) the Defense Intelligence Agency;
       (4) the offices within the Department of Defense for the 
     collection of specialized national foreign intelligence 
     through reconnaissance programs;
       (5) the Bureau of Intelligence and Research of the 
     Department of State;
       (6) any agency, office, or unit of the Army, Navy, Air 
     Force, and Marine Corps, the Federal Bureau of Investigation 
     and the Drug Enforcement Administration of the Department of 
     Justice, the Department of Transportation, the Department of 
     the Treasury, and the Department of Energy performing 
     intelligence functions; and
       (7) the Director of Central Intelligence.
       Sec. 619. No department, agency, or instrumentality of the 
     United States receiving appropriated funds under this or any 
     other Act for fiscal year 1999 shall obligate or expend any 
     such funds, unless such department, agency, or 
     instrumentality has in place, and will continue to administer 
     in good faith, a written policy designed to ensure that all 
     of its workplaces are free from discrimination and sexual 
     harassment and that all of its workplaces are not in 
     violation of title VII of the Civil Rights Act of 1964, as 
     amended, the Age Discrimination in Employment Act of 1967, 
     and the Rehabilitation Act of 1973.
       Sec. 620. No part of any appropriation contained in this 
     Act may be used to pay for the expenses of travel of 
     employees, including employees of the Executive Office of the 
     President, not directly responsible for the discharge of 
     official governmental tasks and duties: Provided, That this 
     restriction shall not apply to the family of the President, 
     Members of Congress or their spouses, Heads of State of a 
     foreign country or their designees, persons providing 
     assistance to the President for official purposes, or other 
     individuals so designated by the President.
       Sec. 621. Notwithstanding any provision of law, the 
     President, or his designee, must certify to Congress, 
     annually, that no person or persons with direct or indirect 
     responsibility for administering the Executive Office of the 
     President's Drug-Free Workplace Plan are themselves subject 
     to a program of individual random drug testing.
       Sec. 622. (a) None of the funds made available in this or 
     any other Act may be obligated or expended for any employee 
     training that--
       (1) does not meet identified needs for knowledge, skills, 
     and abilities bearing directly upon the performance of 
     official duties;
       (2) contains elements likely to induce high levels of 
     emotional response or psychological stress in some 
     participants;
       (3) does not require prior employee notification of the 
     content and methods to be used in the training and written 
     end of course evaluation;
       (4) contains any methods or content associated with 
     religious or quasi-religious belief systems or ``new age'' 
     belief systems as defined in

[[Page S10030]]

     Equal Employment Opportunity Commission Notice N-915.022, 
     dated September 2, 1988; or
       (5) is offensive to, or designed to change, participants' 
     personal values or lifestyle outside the workplace.
       (b) Nothing in this section shall prohibit, restrict, or 
     otherwise preclude an agency from conducting training bearing 
     directly upon the performance of official duties.
       Sec. 623. No funds appropriated in this or any other Act 
     for fiscal year 1999 may be used to implement or enforce the 
     agreements in Standard Forms 312 and 4355 of the Government 
     or any other nondisclosure policy, form, or agreement if such 
     policy, form, or agreement does not contain the following 
     provisions: ``These restrictions are consistent with and do 
     not supersede, conflict with, or otherwise alter the employee 
     obligations, rights, or liabilities created by Executive 
     Order No. 12356; section 7211 of title 5, United States Code 
     (governing disclosures to Congress); section 1034 of title 
     10, United States Code, as amended by the Military 
     Whistleblower Protection Act (governing disclosure to 
     Congress by members of the military); section 2302(b)(8) of 
     title 5, United States Code, as amended by the Whistleblower 
     Protection Act (governing disclosures of illegality, waste, 
     fraud, abuse or public health or safety threats); the 
     Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 
     et seq.) (governing disclosures that could expose 
     confidential Government agents); and the statutes which 
     protect against disclosure that may compromise the national 
     security, including sections 641, 793, 794, 798, and 952 of 
     title 18, United States Code, and section 4(b) of the 
     Subversive Activities Act of 1950 (50 U.S.C. 783(b)). The 
     definitions, requirements, obligations, rights, sanctions, 
     and liabilities created by said Executive order and listed 
     statutes are incorporated into this agreement and are 
     controlling.'': Provided, That notwithstanding the preceding 
     paragraph, a nondisclosure policy form or agreement that is 
     to be executed by a person connected with the conduct of an 
     intelligence or intelligence-related activity, other than an 
     employee or officer of the United States Government, may 
     contain provisions appropriate to the particular activity for 
     which such document is to be used. Such form or agreement 
     shall, at a minimum, require that the person will not 
     disclose any classified information received in the course of 
     such activity unless specifically authorized to do so by the 
     United States Government. Such nondisclosure forms shall also 
     make it clear that they do not bar disclosures to Congress or 
     to an authorized official of an executive agency or the 
     Department of Justice that are essential to reporting a 
     substantial violation of law.
       Sec. 624. No part of any funds appropriated in this or any 
     other Act shall be used by an agency of the executive branch, 
     other than for normal and recognized executive-legislative 
     relationships, for publicity or propaganda purposes, and for 
     the preparation, distribution or use of any kit, pamphlet, 
     booklet, publication, radio, television or film presentation 
     designed to support or defeat legislation pending before the 
     Congress, except in presentation to the Congress itself.
       Sec. 625. (a) In General.--Beginning in calendar year 2000, 
     and every 2 calendar years thereafter, the Director of the 
     Office of Management and Budget shall prepare and submit to 
     Congress, with the budget submitted under section 1105 of 
     title 31, United States Code, an accounting statement and 
     associated report containing--
       (1) an estimate of the total annual costs and benefits 
     (including quantifiable and nonquantifiable effects) of 
     Federal rules and paperwork, to the extent feasible--
       (A) in the aggregate;
       (B) by agency and agency program; and
       (C) by major rule;
       (2) an analysis of impacts of Federal regulation on State, 
     local, and tribal government, small business, wages, and 
     economic growth; and
       (3) recommendations for reform.
       (b) Notice.--The Director of the Office of Management and 
     Budget shall provide public notice and an opportunity to 
     comment on the statement and report under subsection (a) 
     before the statement and report are submitted to Congress.
       (c) Guidelines.--To implement this section, the Director of 
     the Office of Management and Budget shall issue guidelines to 
     agencies to standardize--
       (1) measures of costs and benefits; and
       (2) the format of accounting statements.
       (d) Peer Review.--The Director of the Office of Management 
     and Budget shall provide for independent and external peer 
     review of the guidelines and each accounting statement and 
     associated report under this section. Such peer review shall 
     not be subject to the Federal Advisory Committee Act (5 
     U.S.C. App.).
       Sec. 626. None of the funds appropriated by this Act or any 
     other Act, may be used by an agency to provide a Federal 
     employee's home address to any labor organization except when 
     it is made known to the Federal official having authority to 
     obligate or expend such funds that the employee has 
     authorized such disclosure or that such disclosure has been 
     ordered by a court of competent jurisdiction.
       Sec. 627. The Secretary of the Treasury is authorized to 
     establish scientific certification standards for explosives 
     detection canines, and shall provide, on a reimbursable 
     basis, for the certification of explosives detection canines 
     employed by Federal agencies, or other agencies providing 
     explosives detection services at airports in the United 
     States.
       Sec. 628. None of the funds made available in this Act or 
     any other Act may be used to provide any non-public 
     information such as mailing or telephone lists to any person 
     or any organization outside of the Federal Government without 
     the approval of the House and Senate Committees on 
     Appropriations.
       Sec. 629. Notwithstanding section 611, interagency 
     financing is authorized to carry out the purposes of the 
     National Bioethics Advisory Commission.
       Sec. 630. No part of any appropriation contained in this or 
     any other Act shall be used for publicity or propaganda 
     purposes within the United States not heretofore authorized 
     by the Congress.
       Sec. 631. None of the funds appropriated in this or any 
     other Act shall be used to acquire information technologies 
     which do not comply with part 39.106 (Year 2000 compliance) 
     of the Federal Acquisition Regulation, unless an agency's 
     Chief Information Officer determines that noncompliance with 
     part 39.106 is necessary to the function and operation of the 
     requesting agency or the acquisition is required by a signed 
     contract with the agency in effect before the date of 
     enactment of this Act. Any waiver granted by the Chief 
     Information Officer shall be reported to the Office of 
     Management and Budget, and copies shall be provided to 
     Congress.
       Sec. 632. None of the funds made available in this Act for 
     the United States Customs Service may be used to allow the 
     importation into the United States of any good, ware, 
     article, or merchandise mined, produced, or manufactured by 
     forced or indentured child labor, as determined pursuant to 
     section 307 of the Tariff Act of 1930 (19 U.S.C. 1307).
       Sec. 633. No part of any appropriation contained in this or 
     any other Act shall be available for the payment of the 
     salary of any officer or employee of the Federal Government, 
     who--
       (1) prohibits or prevents, or attempts or threatens to 
     prohibit or prevent, any other officer or employee of the 
     Federal Government from having any direct oral or written 
     communication or contact with any Member, committee, or 
     subcommittee of the Congress in connection with any matter 
     pertaining to the employment of such other officer or 
     employee or pertaining to the department or agency of such 
     other officer or employee in any way, irrespective of whether 
     such communication or contact is at the initiative of such 
     other officer or employee or in response to the request or 
     inquiry of such Member, committee, or subcommittee; or
       (2) removes, suspends from duty without pay, demotes, 
     reduces in rank, seniority, status, pay, or performance of 
     efficiency rating, denies promotion to, relocates, reassigns, 
     transfers, disciplines, or discriminates in regard to any 
     employment right, entitlement, or benefit, or any term or 
     condition of employment of, any other officer or employee of 
     the Federal Government, or attempts or threatens to commit 
     any of the foregoing actions with respect to such other 
     officer or employee, by reason of any communication or 
     contact of such other officer or employee with any Member, 
     committee, or subcommittee of the Congress as described in 
     paragraph (1).
       Sec. 634. The Director of the United States Marshals 
     Service is directed to conduct a quarterly threat assessment 
     on the Director of the Office of National Drug Control 
     Policy.
       Sec. 635. Section 636(c) of Public Law 104-208 is amended 
     as follows:
       (1) In subparagraph (1) by inserting after ``United States 
     Code'' the following: ``any agency or court in the Judicial 
     Branch,'';
       (2) In subparagraph (2) by amending ``prosecution, or 
     detention'' to read: ``prosecution, detention, or 
     supervision''; and
       (3) In subparagraph (3) by inserting after ``title 5,'' the 
     following: ``and, with regard to the Judicial Branch, mean a 
     justice or judge of the United States as defined in 28 U.S.C. 
     451 in regular active service or retired from regular active 
     service, other judicial officers as authorized by the 
     Judicial Conference of the United States, and supervisors and 
     managers within the Judicial Branch as authorized by the 
     Judicial Conference of the United States,''.
       Sec. 636. Notwithstanding section 1346 of title 31, United 
     States Code, or section 611 of this Act, funds made available 
     for fiscal year 1999 by this or any other Act shall be 
     available for the interagency funding of specific projects, 
     workshops, studies, and similar efforts to carry out the 
     purposes of the National Science and Technology Council 
     (authorized by Executive Order No. 12881), which benefit 
     multiple Federal departments, agencies, or entities.
       Sec. 637. Section 626(b) of the Treasury, Postal Service, 
     and General Government Appropriations Act, 1997, as contained 
     in section 101(f) of Public Law 104-208 (110 Stat. 3009-360), 
     the Omnibus Appropriations Act, 1997, is amended to read as 
     follows: ``(b) Until September 30, 1999, or until the end of 
     the current FTS 2000 contracts, whichever is earlier, 
     subsection (a) shall continue to apply to the use of the 
     funds appropriated by this or any other Act.''.
       Sec. 638. (a) In this section the term ``agency''--
       (1) means an Executive agency as defined under section 105 
     of title 5, United States Code;
       (2) includes a military department as defined under section 
     102 of such title, the Postal Service, and the Postal Rate 
     Commission; and
       (3) shall not include the General Accounting Office.
       (b) Unless authorized in accordance with law or regulations 
     to use such time for other purposes, an employee of an agency 
     shall use official time in an honest effort to perform 
     official duties. An employee not under a leave system, 
     including a Presidential appointee exempted under section 
     6301(2) of title 5, United States Code, has an obligation to 
     expend an honest effort and a reasonable proportion of such 
     employee's time in the performance of official duties.
       Sec.  639. For purposes of each provision of law amended by 
     section 704(a)(2) of the Ethics Reform Act of 1989 (5 U.S.C. 
     5318 note), no adjustment under section 5303 of title 5, 
     United

[[Page S10031]]

     States Code, shall be considered to have taken effect in 
     fiscal year 1999 in the rates of basic pay for the statutory 
     pay systems.
       Sec. 640. Notwithstanding any other provision of law, no 
     part of any funds provided by this Act or any other Act 
     beginning in fiscal year 1999 and thereafter shall be 
     available for paying Sunday premium pay to any employee 
     unless such employee actually performed work during the time 
     corresponding to such premium pay.
       Sec. 641. Notwithstanding any other provision of law, the 
     Secretary of the Treasury is authorized to, upon submission 
     of proper documentation (as determined by the Secretary), 
     reimburse importers of large capacity military magazine 
     rifles as defined in the Treasury Department's April 6, 1998 
     ``Study on the Sporting Suitability of Modified Semiautomatic 
     Assault Rifles'', for which authority had been granted to 
     import such firearms into the United States on or before 
     November 14, 1997, and released under bond to the importer by 
     the U.S. Customs Service on or before February 10, 1998: 
     Provided, That the importer abandons title to the firearms to 
     the United States: Provided further, That reimbursements are 
     submitted to the Secretary for his approval within 120 days 
     of enactment of this provision. In no event shall 
     reimbursements under this provision exceed the importers cost 
     for the weapons, plus any shipping, transportation, duty, and 
     storage costs related to the importation of such weapons. 
     Money made available for expenditure under 31 U.S.C. section 
     1304(a) in an amount not to exceed $1,000,000 shall be 
     available for reimbursements under this provision: Provided, 
     That accepting the compensation provided under this provision 
     is final and conclusive and constitutes a complete release of 
     any and all claims, demands, rights, and causes of action 
     whatsoever against the United States, its agencies, officers, 
     or employees arising from the denial by the Department of the 
     Treasury of the entry of such firearms into the United 
     States. Such compensation is not otherwise required by law 
     and is not intended to create or recognize any legally 
     enforceable right to any person.
       Sec. 642. The Federal Acquisition Regulation shall be 
     revised, within 180 days after the date of enactment of this 
     Act, to include the use of forced or indentured child labor 
     in mining, production, or manufacturing as a cause on the 
     lists of causes for debarment and suspension from contracting 
     with executive agencies that are set forth in the regulation.
       Sec. 643. (a) The adjustment in rates of basic pay for the 
     statutory pay systems that takes effect in fiscal year 1999 
     under section 5303 and 5304 of title 5, United States Code, 
     shall be an increase of 3.6 percent.
       (b) Funds used to carry out this section shall be paid from 
     appropriations which are made to each applicable department 
     or agency for salaries and expenses for fiscal year 1999.
       Sec. 644. Federal Firefighters Overtime Pay Reform Act of 
     1998. (a) In General.--Subchapter V of chapter 55 of title 5, 
     United States Code, is amended--
       (1) in section 5542 by adding at the end the following new 
     subsection:
       ``(f) In applying subsection (a) of this section with 
     respect to a firefighter who is subject to section 5545b--
       ``(1) such subsection shall be deemed to apply to hours of 
     work officially ordered or approved in excess of 106 hours in 
     a biweekly pay period, or, if the agency establishes a weekly 
     basis for overtime pay computation, in excess of 53 hours in 
     an administrative workweek; and
       ``(2) the overtime hourly rate of pay is an amount equal to 
     one and one-half times the hourly rate of basic pay under 
     section 5545b (b)(1)(A) or (c)(1)(B), as applicable, and such 
     overtime hourly rate of pay may not be less than such hourly 
     rate of basic pay in applying the limitation on the overtime 
     rate provided in paragraph (2) of such subsection (a).''; and
       (2) by inserting after section 5545a the following new 
     section:

     ``Sec. 5545b. Pay for firefighters

       ``(a) This section applies to an employee whose position is 
     classified in the firefighter occupation in conformance with 
     the GS-081 standard published by the Office of Personnel 
     Management, and whose normal work schedule, as in effect 
     throughout the year, consists of regular tours of duty which 
     average at least 106 hours per biweekly pay period.
       ``(b)(1) If the regular tour of duty of a firefighter 
     subject to this section generally consists of 24-hour shifts, 
     rather than a basic 40-hour workweek (as determined under 
     regulations prescribed by the Office of Personnel 
     Management), section 5504(b) shall be applied as follows in 
     computing pay--
       ``(A) paragraph (1) of such section shall be deemed to 
     require that the annual rate be divided by 2756 to derive the 
     hourly rate; and
       ``(B) the computation of such firefighter's daily, weekly, 
     or biweekly rate shall be based on the hourly rate under 
     subparagraph (A);
       ``(2) For the purpose of sections 5595(c), 5941, 8331(3), 
     and 8704(c), and for such other purposes as may be expressly 
     provided for by law or as the Office of Personnel Management 
     may by regulation prescribe, the basic pay of a firefighter 
     subject to this subsection shall include an amount equal to 
     the firefighter's basic hourly rate (as computed under 
     paragraph (1)(A)) for all hours in such firefighter's regular 
     tour of duty (including overtime hours).
       ``(c)(1) If the regular tour of duty of a firefighter 
     subject to this section includes a basic 40-hour workweek (as 
     determined under regulations prescribed by the Office of 
     Personnel Management), section 5504(b) shall be applied as 
     follows in computing pay--
       ``(A) the provisions of such section shall apply to the 
     hours within the basic 40-hour workweek;
       ``(B) for hours outside the basic 40-hour workweek, such 
     section shall be deemed to require that the hourly rate be 
     derived by dividing the annual rate by 2756; and
       ``(C) the computation of such firefighter's daily, weekly, 
     or biweekly rate shall be based on subparagraphs (A) and (B), 
     as each applies to the hours involved.
       ``(2) For purposes of sections 5595(c), 5941, 8331(3), and 
     8704(c), and for such other purposes as may be expressly 
     provided for by law or as the Office of Personnel Management 
     may by regulation prescribe, the basic pay of a firefighter 
     subject to this subsection shall include--
       ``(A) an amount computed under paragraph (1)(A) for the 
     hours within the basic 40-hour workweek; and
       ``(B) an amount equal to the firefighter's basic hourly 
     rate (as computed under paragraph (1)(B)) for all hours 
     outside the basic 40-hour workweek that are within such 
     firefighter's regular tour of duty (including overtime 
     hours).
       ``(d)(1) A firefighter who is subject to this section shall 
     receive overtime pay in accordance with section 5542, but 
     shall not receive premium pay provided by other provisions of 
     this subchapter.
       ``(2) For the purpose of applying section 7(k) of the Fair 
     Labor Standards Act of 1938 to a firefighter who is subject 
     to this section, no violation referred to in such section 
     7(k) shall be deemed to have occurred if the requirements of 
     section 5542(a) are met, applying section 5542(a) as provided 
     in subsection (f) of that section. The overtime hourly rate 
     of pay for such firefighter shall in all cases be an amount 
     equal to one and one-half times the firefighter's hourly rate 
     of basic pay under subsection (b)(1)(A) or (c)(1)(B) of this 
     section, as applicable.
       ``(3) The Office of Personnel Management may prescribe 
     regulations, with respect to firefighters subject to this 
     section, that would permit an agency to reduce or eliminate 
     the variation in the amount of firefighters' biweekly pay 
     caused by work scheduling cycles that result in varying hours 
     in the regular tours of duty from pay period to pay period. 
     Under such regulations, the pay that a firefighter would 
     otherwise receive for regular tours of duty over the work 
     scheduling cycle shall, to the extent practicable, remain 
     unaffected.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 55 of title 5, United States Code, is 
     amended by inserting after the item relating to section 5545a 
     the following:

``5545b. Pay for firefighters.''.

       (c) Training.--Section 4109 of title 5, United States Code, 
     is amended by adding at the end the following new subsection:
       ``(d) Notwithstanding subsection (a)(1), a firefighter who 
     is subject to section 5545b of this title shall be paid basic 
     pay and overtime pay for the firefighter's regular tour of 
     duty while attending agency sanctioned training.''.
       (d) Inclusion in Basic Pay for Federal Retirement.--Section 
     8331(3) of title 5, United States Code, is amended--
       (1) by striking ``and'' after subparagraph (D);
       (2) by redesignating subparagraph (E) as subparagraph (G);
       (3) by inserting the following:
       ``(E) with respect to a criminal investigator, availability 
     pay under section 5545a of this title;
       ``(F) pay as provided in section 5545b (b)(2) and (c)(2); 
     and ''; and
       (4) by striking ``subparagraphs (B), (C), (D), and (E)'' 
     and inserting ``subparagraphs (B) through (G)''.
       (e) Effective Date.--The amendments made by this section 
     shall take effect on the first day of the first applicable 
     pay period which begins on or after the later of October 1, 
     1998, or the 180th day following the date of enactment of 
     this section.
       (f) Regulations.--Under regulations prescribed by the 
     Office of Personnel Management, a firefighter subject to 
     section 5545b of title 5, United States Code, as added by 
     this section, whose regular tours of duty average 60 hours or 
     less per workweek and do not include a basic 40-hour 
     workweek, shall, upon implementation of this section, be 
     granted an increase in basic pay equal to 2 step-increases of 
     the applicable General Schedule grade, and such increase 
     shall not be an equivalent increase in pay. If such increase 
     results in a change to a longer waiting period for the 
     firefighter's next step increase, the firefighter shall be 
     credited with an additional year of service for the purpose 
     of such waiting period. If such increase results in a rate of 
     basic pay which is above the maximum rate of the applicable 
     grade, such resulting pay rate shall be treated as a retained 
     rate of basic pay in accordance with section 5363 of title 5, 
     United States Code.
       (g) No Reduction in Regular Pay.--Under regulations 
     prescribed by the Office of Personnel Management, the regular 
     pay (over the established work scheduling cycle) of a 
     firefighter subject to section 5545b of title 5, United 
     States Code, as added by this section, shall not be reduced 
     as a result of the implementation of this section.
       Sec. 645. International Mail Reporting Requirement. (a) In 
     General.--Chapter 36 of title 39, United States Code, is 
     amended by adding after section 3662 the following:

     ``Sec. 3663. Annual report on international services

       ``(a) Not later than July 1 of each year, the Postal Rate 
     Commission shall transmit to each House of Congress a 
     comprehensive report of the costs, revenues, and volumes 
     accrued by the Postal Service in connection with mail matter 
     conveyed between the United States and other countries for 
     the previous fiscal year.
       ``(b) Not later than March 15 of each year, the Postal 
     Service shall provide to the Postal Rate Commission such data 
     as the Commission may require to prepare the report required 
     under subsection (a) of this section. Data shall be provided 
     in sufficient detail to enable the Commission to analyze the 
     costs, revenues, and volumes

[[Page S10032]]

     for each international mail product or service, under the 
     methods determined appropriate by the Commission for the 
     analysis of rates for domestic mail.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 63 of title 39, United States Code, is 
     amended by adding after the item relating to section 3662 the 
     following:

``3663. Annual report on international services.''.

       Sec. 646. Child Care Services for Federal Employees. (a) In 
     General.--An Executive agency which provides or proposes to 
     provide child care services for Federal employees may use 
     agency funds to provide child care, in a Federal or leased 
     facility, or through contract, for civilian employees of such 
     agency.
       (b) Affordability.--Amounts provided under subsection (a) 
     with respect to any facility or contractor described in such 
     subsection shall be applied to improve the affordability of 
     child care for lower income Federal employees using or 
     seeking to use the child care services offered by such 
     facility or contractor.
       (c) Regulations.--The Office of Personnel Management and 
     the General Services Administration shall, within 180 days 
     after the date of enactment of this Act, issue regulations 
     necessary to carry out this section.
       (d) Definition.--For purposes of this section, the term 
     ``Executive agency'' has the meaning given such term by 
     section 105 of title 5, United States Code, but does not 
     include the General Accounting Office.
       Sec. 647. Extension of Sunset Provision. Section 2(f)(2) of 
     the Undetectable Firearms Act of 1988 (18 U.S.C. 922 note) is 
     amended by striking ``(2)'' and all that follows through ``10 
     years'' and inserting the following:
       ``(2) Sunset.--Effective 15 years''.
       Sec. 648. Sense of Congress that a Postage Stamp should be 
     Issued Honoring Oskar Schindler. (a) Findings.--
       (1) Since during the Nazi occupation of Poland, Oskar 
     Schindler personally risked his life and that of his wife to 
     provide food and medical care and saved the lives of over 
     1,000 Jews from death, many of whom later made their homes in 
     the United States.
       (2) Since Oskar Schindler also rescued about 100 Jewish men 
     and women from the Golezow concentration camp, who lay 
     trapped and partly frozen in 2 sealed train cars stranded 
     near Brunnlitz.
       (3) Since millions of Americans have been made aware of the 
     story of Schindler's bravery.
       (4) Since on April 28, 1962, Oskar Schindler was named a 
     ``Righteous Gentile'' by Yad Vashem.
       (5) Since Oskar Schindler is a true hero and humanitarian 
     deserving of honor by the United States Government.
       (b) Sense of Congress.--It is the sense of the Congress 
     that the Postal Service should issue a stamp honoring the 
     life of Oskar Schindler.
       Sec. 649. No funds appropriated by this Act shall be 
     available to pay for an abortion, or the administrative 
     expenses in connection with any health plan under the Federal 
     employees health benefit program which provides any benefits 
     or coverage for abortions.
       Sec. 650. The provision of section 649 shall not apply 
     where the life of the mother would be endangered if the fetus 
     were carried to term, or the pregnancy is the result of an 
     act of rape or incest.
       Sec. 651. (a) None of the funds appropriated by this Act 
     may be expended by the Office of Personnel Management to 
     enter into or renew any contract under section 8902 of title 
     5, United States Code, for a health benefits plan--
       (1) which provides coverage for prescription drugs, unless 
     such plan also provides equivalent coverage for prescription 
     contraceptive drugs or devices approved by the Food and Drug 
     Administration, or generic equivalents approved as 
     substitutable by the Food and Drug Administration; or
       (2) which provides benefits for outpatient services 
     provided by a health care professional, unless such plan also 
     provides equivalent benefits for outpatient contraceptive 
     services.
       (b) Nothing in this section shall apply to a contract with 
     any of the following religious plans:
       (1) SelectCare.
       (2) PersonalCare's HMO.
       (3) Care Choices.
       (4) OSF Health Plans, Inc.
       (5) Yellowstone Community Health Plan.
       (6) Any other existing or future religious based plan whose 
     religious tenets are in conflict with the requirements in 
     this Act.
       (c) For purposes of this section--
       (1) the term ``contraceptive drug or device'' means a drug 
     or device intended for preventing pregnancy; and
       (2) the term ``outpatient contraceptive services'' means 
     consultations, examinations, procedures, and medical 
     services, provided on an outpatient basis and related to the 
     use of contraceptive methods (including natural family 
     planning) to prevent pregnancy.
       (d) Nothing in this section shall be construed to require 
     coverage of abortion or abortion related services.
       Sec. 652. Importation of Certain Grains. (a) Findings.--The 
     Congress finds that--
       (1) importation of grains into the United States at less 
     than the cost to produce those grains is causing injury to 
     the United States producers of those grains;
       (2) importation of grains into the United States at less 
     than the fair value of those grains is causing injury to the 
     United States producers of those grains;
       (3) the Canadian Government and the Canadian Wheat Board 
     have refused to disclose pricing and cost information 
     necessary to determine whether grains are being exported to 
     the United States at prices in violation of United States 
     trade laws or agreements.
       (b) Requirements.--
       (1) The Customs Service, consulting with the United States 
     Trade Representative and the Department of Commerce, shall 
     conduct a study of the efficiency and effectiveness of 
     requiring that all spring wheat, durum or barley imported 
     into the United States be imported into the United States 
     through a single port of entry.
       (2) The Customs Service, consulting with the United States 
     Trade Representative and the Department of Commerce, shall 
     determine whether such spring wheat, durum and barley could 
     be imported into the United States through a single port of 
     entry until either the Canadian Wheat Board or the Canadian 
     Government discloses all information necessary to determine 
     the cost and price for all such grains being exported to the 
     United States from Canada and whether such cost or price 
     violates any law of the United States, or violates, is 
     inconsistent with, or denies benefits to the United States 
     under, any trade agreement.
       (3) The Customs Service shall report to the Committees on 
     Appropriations and Finance not later than ninety days after 
     the effective date of this Act on the results of the study 
     required by paragraphs (1) and (2).
       Sec. 653. Assessment of Federal Regulations and Policies on 
     Families. (a) Purposes.--The purposes of this section are 
     to--
       (1) require agencies to assess the impact of proposed 
     agency actions on family well-being; and
       (2) improve the management of executive branch agencies.
       (b) Definitions.--In this section--
       (1) the term ``agency'' has the meaning given the term 
     ``Executive agency'' by section 105 of title 5, United States 
     Code, except such term does not include the General 
     Accounting Office; and
       (2) the term ``family'' means--
       (A) a group of individuals related by blood, marriage, 
     adoption, or other legal custody who live together as a 
     single household; and
       (B) any individual who is not a member of such group, but 
     who is related by blood, marriage, or adoption to a member of 
     such group, and over half of whose support in a calendar year 
     is received from such group.
       (c) Family Policymaking Assessment.--Before implementing 
     policies and regulations that may affect family well-being, 
     each agency shall assess such actions with respect to 
     whether--
       (1) the action strengthens or erodes the stability or 
     safety of the family and, particularly, the marital 
     commitment;
       (2) the action strengthens or erodes the authority and 
     rights of parents in the education, nurture, and supervision 
     of their children;
       (3) the action helps the family perform its functions, or 
     substitutes governmental activity for the function;
       (4) the action increases or decreases disposable income or 
     poverty of families and children;
       (5) the proposed benefits of the action justify the 
     financial impact on the family;
       (6) the action may be carried out by State or local 
     government or by the family; and
       (7) the action establishes an implicit or explicit policy 
     concerning the relationship between the behavior and personal 
     responsibility of youth, and the norms of society.
       (d) Governmentwide Family Policy Coordination and Review.--
       (1) Certification and rationale.--With respect to each 
     proposed policy or regulation that may affect family well-
     being, the head of each agency shall--
       (A) submit a written certification to the Director of the 
     Office of Management and Budget and to Congress that such 
     policy or regulation has been assessed in accordance with 
     this section; and
       (B) provide an adequate rationale for implementation of 
     each policy or regulation that may negatively affect family 
     well-being.
       (2) Office of management and budget.--The Director of the 
     Office of Management and Budget shall--
       (A) ensure that policies and regulations proposed by 
     agencies are implemented consistent with this section; and
       (B) compile, index, and submit annually to the Congress the 
     written certifications received pursuant to paragraph (1)(A).
       (3) Office of policy development.--The Office of Policy 
     Development shall--
       (A) assess proposed policies and regulations in accordance 
     with this section;
       (B) provide evaluations of policies and regulations that 
     may affect family well-being to the Director of the Office of 
     Management and Budget; and
       (C) advise the President on policy and regulatory actions 
     that may be taken to strengthen the institutions of marriage 
     and family in the United States.
       (e) Assessments Upon Request by Members of Congress.--Upon 
     request by a Member of Congress relating to a proposed policy 
     or regulation, an agency shall conduct an assessment in 
     accordance with subsection (c), and shall provide a 
     certification and rationale in accordance with subsection 
     (d).
       (f) Judicial Review.--This section is not intended to 
     create any right or benefit, substantive or procedural, 
     enforceable at law by a party against the United States, its 
     agencies, its officers, or any person.
       Sec. 654. Family Well-Being and Children's Impact 
     Statement. Consideration of any bill or joint resolution of a 
     public character reported by any committee of the Senate or 
     of the House of Representatives that is accompanied by a 
     committee report that does not contain a detailed analysis of 
     the probable impact of the bill or resolution on family well-
     being and on children, including whether such bill or joint 
     resolution will increase the number of children

[[Page S10033]]

     who are hungry or homeless, shall not be in order.
       Sec. 655. Additional Purchases of Oil for the Strategic 
     Petroleum Reserve. In response to historically low prices for 
     oil produced domestically and to build national capacity for 
     response to future energy supply emergencies, the Secretary 
     of Energy shall purchase and transport an additional 
     $420,000,000 of oil for the Strategic Petroleum Reserve upon 
     a determination by the President that current market 
     conditions are imperiling domestic oil production from 
     marginal and small producers: Provided, That an official 
     budget request for the purchase of oil for the Strategic 
     Petroleum Reserve and including a designation of the entire 
     request as an emergency requirement as defined in the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended, is transmitted by the President to the Congress: 
     Provided further, That the entire amount in the preceding 
     proviso is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A) of such Act.
       Sec. 656. Postage Stamp Honoring the One Hundred Fiftieth 
     Anniversary of Irish Immigration to the United States. (a) 
     Findings.--The Senate finds that--
       (1) more than 44,000,000 Americans trace their ancestry to 
     Ireland;
       (2) of these 44,000,000, many are descended from the nearly 
     2,000,000 Irish immigrants who were forced to flee Ireland 
     during the ``Great Hunger'' of 1845-1850;
       (3) those immigrants dedicated themselves to the 
     development of our Nation and contributed immensely to it by 
     helping to build our railroads, our canals, our cities and 
     our schools;
       (4) 1998 marks the one hundred fiftieth anniversary of the 
     mass immigration of Irish immigrants to America during the 
     Irish Potato Famine;
       (5) commemorating this tragic but defining episode in the 
     history of American immigration would be deserving of honor 
     by the United States Government.
       (b) Sense of Congress.--It is the sense of Congress that 
     the United States Postal Service should issue a stamp 
     honoring the one hundred fiftieth anniversary of Irish 
     immigration to the United States during the Irish Famine of 
     1845-1850.
       Sec. 657. Post Office Relocations, Closings, and 
     Consolidations. (a) Short Title.--This section may be cited 
     as the ``Community and Postal Participation Act of 1998''.
       (b) Guidelines for Relocation, Closing, or Consolidation of 
     Post Offices.--Section 404 of title 39, United States Code, 
     is amended by striking subsection (b) and inserting the 
     following:
       ``(b)(1) Before making a determination under subsection 
     (a)(3) as to the necessity for the relocation, closing, or 
     consolidation of any post office, the Postal Service shall 
     provide adequate notice to persons served by that post office 
     of the intention of the Postal Service to relocate, close, or 
     consolidate that post office not later than 60 days before 
     the proposed date of that relocation, closing, or 
     consolidation.
       ``(2)(A) The notification under paragraph (1) shall be in 
     writing, hand delivered or delivered by mail to persons 
     served by that post office, and published in 1 or more 
     newspapers of general circulation within the zip codes served 
     by that post office.
       ``(B) The notification under paragraph (1) shall include--
       ``(i) an identification of the relocation, closing, or 
     consolidation of the post office involved;
       ``(ii) a summary of the reasons for the relocation, 
     closing, or consolidation; and
       ``(iii) the proposed date for the relocation, closing, or 
     consolidation.
       ``(3) Any person served by the post office that is the 
     subject of a notification under paragraph (1) may offer an 
     alternative relocation, consolidation, or closing proposal 
     during the 60-day period beginning on the date on which the 
     notice is provided under paragraph (1).
       ``(4)(A) At the end of the period specified in paragraph 
     (3), the Postal Service shall make a determination under 
     subsection (a)(3). Before making a final determination, the 
     Postal Service shall conduct a hearing at the request of the 
     community served. Persons served by the post office that is 
     the subject of a notice under paragraph (1) may present oral 
     or written testimony with respect to the relocation, closing, 
     or consolidation of the post office.
       ``(B) In making a determination as to whether or not to 
     relocate, close, or consolidate a post office, the Postal 
     Service shall consider--
       ``(i) the extent to which the post office is part of a core 
     downtown business area;
       ``(ii) any potential effect of the relocation, closing, or 
     consolidation on the community served by the post office;
       ``(iii) whether the community served by the post office 
     opposes a relocation, closing, or consolidation;
       ``(iv) any potential effect of the relocation, closing, or 
     consolidation on employees of the Postal Service employed at 
     the post office;
       ``(v) whether the relocation, closing, or consolidation of 
     the post office is consistent with the policy of the 
     Government under section 101(b) that requires the Postal 
     Service to provide a maximum degree of effective and regular 
     postal services to rural areas, communities, and small towns 
     in which post offices are not self-sustaining;
       ``(vi) the quantified long-term economic saving to the 
     Postal Service resulting from the relocation, closing, or 
     consolidation;
       ``(vii) whether postal officials engaged in negotiations 
     with persons served by the post office concerning the 
     proposed relocation, closing, or consolidation;
       ``(viii) whether management of the post office contributed 
     to a desire to relocate;
       ``(ix)(I) the adequacy of the existing post office; and
       ``(II) whether all reasonable alternatives to relocation, 
     closing, or consolidation have been explored; and
       ``(x) any other factor that the Postal Service determines 
     to be necessary for making a determination whether to 
     relocate, close, or consolidate that post office.
       ``(5)(A) Any determination of the Postal Service to 
     relocate, close, or consolidate a post office shall be in 
     writing and shall include the findings of the Postal Service 
     with respect to the considerations required to be made under 
     paragraph (4).
       ``(B) The Postal Service shall respond to all of the 
     alternative proposals described in paragraph (3) in a 
     consolidated report that includes--
       ``(i) the determination and findings under subparagraph 
     (A); and
       ``(ii) each alternative proposal and a response by the 
     Postal Service.
       ``(C) The Postal Service shall make available to the public 
     a copy of the report prepared under subparagraph (B) at the 
     post office that is the subject of the report.
       ``(6)(A) The Postal Service shall take no action to 
     relocate, close, or consolidate a post office until the 
     applicable date described in subparagraph (B).
       ``(B) The applicable date specified in this subparagraph 
     is--
       ``(i) if no appeal is made under paragraph (7), the end of 
     the 60-day period specified in that paragraph; or
       ``(ii) if an appeal is made under paragraph (7), the date 
     on which a determination is made by the Commission under 
     paragraph (7)(A), but not later than 120 days after the date 
     on which the appeal is made.
       ``(7)(A) A determination of the Postal Service to relocate, 
     close, or consolidate any post office may be appealed by any 
     person served by that post office to the Postal Rate 
     Commission during the 60-day period beginning on the date on 
     which the report is made available under paragraph (5). The 
     Commission shall review the determination on the basis of the 
     record before the Postal Service in the making of the 
     determination. The Commission shall make a determination 
     based on that review not later than 120 days after appeal is 
     made under this paragraph.
       ``(B) The Commission shall set aside any determination, 
     findings, and conclusions of the Postal Service that the 
     Commission finds to be--
       ``(i) arbitrary, capricious, an abuse of discretion, or 
     otherwise not in accordance with the law;
       ``(ii) without observance of procedure required by law; or
       ``(iii) unsupported by substantial evidence on the record.
       ``(C) The Commission may affirm the determination of the 
     Postal Service that is the subject of an appeal under 
     subparagraph (A) or order that the entire matter that is the 
     subject of that appeal be returned for further consideration, 
     but the Commission may not modify the determination of the 
     Postal Service. The Commission may suspend the effectiveness 
     of the determination of the Postal Service until the final 
     disposition of the appeal.
       ``(D) The provisions of sections 556 and 557, and chapter 7 
     of title 5 shall not apply to any review carried out by the 
     Commission under this paragraph.
       ``(E) A determination made by the Commission shall not be 
     subject to judicial review.
       ``(8) In any case in which a community has in effect 
     procedures to address the relocation, closing, or 
     consolidation of buildings in the community, and the public 
     participation requirements of those procedures are more 
     stringent than those provided in this subsection, the Postal 
     Service shall apply those procedures to the relocation, 
     consolidation, or closing of a post office in that community 
     in lieu of applying the procedures established in this 
     subsection.
       ``(9) In making a determination to relocate, close, or 
     consolidate any post office, the Postal Service shall comply 
     with any applicable zoning, planning, or land use laws 
     (including building codes and other related laws of State or 
     local public entities, including any zoning authority with 
     jurisdiction over the area in which the post office is 
     located).
       ``(10) The relocation, closing, or consolidation of any 
     post office under this subsection shall be conducted in 
     accordance with section 110 of the National Historic 
     Preservation Act (16 U.S.C. 470h-2).''.
       (c) Policy Statement.--Section 101(g) of title 39, United 
     States Code, is amended by adding at the end the following: 
     ``In addition to taking into consideration the matters 
     referred to in the preceding sentence, with respect to the 
     creation of any new postal facility, the Postal Service shall 
     consider the potential effects of that facility on the 
     community to be served by that facility and the service 
     provided by any facility in operation at the time that a 
     determination is made whether to plan or build that 
     facility.''.
       Sec. 658. Designation of Eugene J. McCarthy Post Office 
     Building. (a) In General.--The building of the United States 
     Postal Service located at 180 East Kellogg Boulevard in Saint 
     Paul, Minnesota, shall be known and designated as the 
     ``Eugene J. McCarthy Post Office Building''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     building referred to in subsection (a) shall be deemed to be 
     a reference to the ``Eugene J. McCarthy Post Office 
     Building''.
       Sec. 659. Within the amounts appropriated in this Act, up 
     to $20,300,000 may be transferred to the Acquisition, 
     Construction, Improvements, and Related Expenses account of 
     the Federal Law Enforcement Training Center for new 
     construction.
       Sec. 660. (a) Definitions.--In this section--

[[Page S10034]]

       (1) the term ``crime of violence'' has the meaning given 
     that term in section 16 of title 18, United States Code; and
       (2) the term ``law enforcement officer'' means any employee 
     described in subparagraph (A), (B), or (C) of section 
     8401(17) of title 5, United States Code; and any special 
     agent in the Diplomatic Security Service of the Department of 
     State.
       (b) Rule of Construction.--Notwithstanding any other 
     provision of law, for purposes of chapter 171 of title 28, 
     United States Code, or any other provision of law relating to 
     tort liability, a law enforcement officer shall be construed 
     to be acting within the scope of his or her office or 
     employment, if the officer takes reasonable action, including 
     the use of force, to--
       (1) protect an individual in the presence of the officer 
     from a crime of violence;
       (2) provide immediate assistance to an individual who has 
     suffered or who is threatened with bodily harm; or
       (3) prevent the escape of any individual who the officer 
     reasonably believes to have committed in the presence of the 
     officer a crime of violence.

              TITLE VII--CHILD CARE IN FEDERAL FACILITIES

       Sec. 701. Short Title. This title may be cited as ``Quality 
     Child Care for Federal Employees''.
       Sec. 702. Providing Quality Child Care in Federal 
     Facilities. (a) Definition.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of General Services.
       (2) Child care accreditation entity.--The term ``child care 
     accreditation entity'' means a nonprofit private organization 
     or public agency that--
       (A) is recognized by a State agency or by a national 
     organization that serves as a peer review panel on the 
     standards and procedures of public and private child care or 
     school accrediting bodies; and
       (B) accredits a facility to provide child care on the basis 
     of--
       (i) an accreditation or credentialing instrument based on 
     peer-validated research;
       (ii) compliance with applicable State or local licensing 
     requirements, as appropriate, for the facility;
       (iii) outside monitoring of the facility; and
       (iv) criteria that provide assurances of--

       (I) use of developmentally appropriate health and safety 
     standards at the facility;
       (II) use of developmentally appropriate educational 
     activities, as an integral part of the child care program 
     carried out at the facility; and
       (III) use of ongoing staff development or training 
     activities for the staff of the facility, including related 
     skills-based testing.

       (3) Entity sponsoring a child care facility.--The term 
     ``entity sponsoring a child care facility'' means a Federal 
     agency that operates, or an entity that enters into a 
     contract or licensing agreement with a Federal agency to 
     operate, a child care facility primarily for the use of 
     Federal employees.
       (4) Executive agency.--The term ``Executive agency'' has 
     the meaning given the term in section 105 of title 5, United 
     States Code, except that the term--
       (A) does not include the Department of Defense and the 
     Coast Guard; and
       (B) includes the General Services Administration, with 
     respect to the administration of a facility described in 
     paragraph (5)(B).
       (5) Executive facility.--The term ``executive facility''--
       (A) means a facility that is owned or leased by an 
     Executive agency; and
       (B) includes a facility that is owned or leased by the 
     General Services Administration on behalf of a judicial 
     office.
       (6) Federal agency.--The term ``Federal agency'' means an 
     Executive agency or a legislative office.
       (7) Judicial office.--The term ``judicial office'' means an 
     entity of the judicial branch of the Federal Government.
       (8) Legislative facility.--The term ``legislative 
     facility'' means a facility that is owned or leased by a 
     legislative office.
       (9) Legislative office.--The term ``legislative office'' 
     means an entity of the legislative branch of the Federal 
     Government.
       (10) State.--The term ``State'' has the meaning given the 
     term in section 658P of the Child Care and Development Block 
     Grant Act (42 U.S.C. 9858n).
       (b) Executive Branch Standards and Compliance.--
       (1) State and local licensing requirements.--
       (A) In general.--Any entity sponsoring a child care 
     facility in an executive facility shall--
       (i) comply with child care standards described in paragraph 
     (2) that, at a minimum, include applicable State or local 
     licensing requirements, as appropriate, related to the 
     provision of child care in the State or locality involved; or
       (ii) obtain the applicable State or local licenses, as 
     appropriate, for the facility.
       (B) Compliance.--Not later than 6 months after the date of 
     enactment of this Act--
       (i) the entity shall comply, or make substantial progress 
     (as determined by the Administrator) toward complying, with 
     subparagraph (A); and
       (ii) any contract or licensing agreement used by an 
     Executive agency for the provision of child care services in 
     such child care facility shall include a condition that the 
     child care be provided by an entity that complies with the 
     standards described in subparagraph (A)(i) or obtains the 
     licenses described in subparagraph (A)(ii).
       (2) Health, safety, and facility standards.--The 
     Administrator shall by regulation establish standards 
     relating to health, safety, facilities, facility design, and 
     other aspects of child care that the Administrator determines 
     to be appropriate for child care in executive facilities, and 
     require child care services in executive facilities to comply 
     with the standards. Such standards shall include requirements 
     that child care facilities be inspected for, and be free of, 
     lead hazards.
       (3) Accreditation standards.--
       (A) In general.--The Administrator shall issue regulations 
     requiring, to the maximum extent possible, any entity 
     sponsoring an eligible child care facility (as defined by the 
     Administrator) in an executive facility to comply with 
     standards of a child care accreditation entity.
       (B) Compliance.--The regulations shall require that, not 
     later than 5 years after the date of enactment of this Act--
       (i) the entity shall comply, or make substantial progress 
     (as determined by the Administrator) toward complying, with 
     the standards; and
       (ii) any contract or licensing agreement used by an 
     Executive agency for the provision of child care services in 
     such child care facility shall include a condition that the 
     child care be provided by an entity that complies with the 
     standards.
       (4) Evaluation and compliance.--
       (A) In general.--The Administrator shall evaluate the 
     compliance, with the requirements of paragraph (1) and the 
     regulations issued pursuant to paragraphs (2) and (3), as 
     appropriate, of child care facilities, and entities 
     sponsoring child care facilities, in executive facilities. 
     The Administrator may conduct the evaluation of such a child 
     care facility or entity directly, or through an agreement 
     with another Federal agency or private entity, other than the 
     Federal agency for which the child care facility is providing 
     services. If the Administrator determines, on the basis of 
     such an evaluation, that the child care facility or entity is 
     not in compliance with the requirements, the Administrator 
     shall notify the Executive agency.
       (B) Effect of noncompliance.--On receipt of the 
     notification of noncompliance issued by the Administrator, 
     the head of the Executive agency shall--
       (i) if the entity operating the child care facility is the 
     agency--

       (I) not later than 2 business days after the date of 
     receipt of the notification, correct any deficiencies that 
     are determined by the Administrator to be life threatening or 
     to present a risk of serious bodily harm;
       (II) develop and provide to the Administrator a plan to 
     correct any other deficiencies in the operation of the 
     facility and bring the facility and entity into compliance 
     with the requirements not later than 4 months after the date 
     of receipt of the notification;
       (III) provide the parents of the children receiving child 
     care services at the child care facility and employees of the 
     facility with a notification detailing the deficiencies 
     described in subclauses (I) and (II) and actions that will be 
     taken to correct the deficiencies, and post a copy of the 
     notification in a conspicuous place in the facility for 5 
     working days or until the deficiencies are corrected, 
     whichever is later;
       (IV) bring the child care facility and entity into 
     compliance with the requirements and certify to the 
     Administrator that the facility and entity are in compliance, 
     based on an onsite evaluation of the facility conducted by an 
     independent entity with expertise in child care health and 
     safety; and
       (V) in the event that deficiencies determined by the 
     Administrator to be life threatening or to present a risk of 
     serious bodily harm cannot be corrected within 2 business 
     days after the date of receipt of the notification, close the 
     child care facility, or the affected portion of the facility, 
     until such deficiencies are corrected and notify the 
     Administrator of such closure; and

       (ii) if the entity operating the child care facility is a 
     contractor or licensee of the Executive agency--

       (I) require the contractor or licensee, not later than 2 
     business days after the date of receipt of the notification, 
     to correct any deficiencies that are determined by the 
     Administrator to be life threatening or to present a risk of 
     serious bodily harm;
       (II) require the contractor or licensee to develop and 
     provide to the head of the agency a plan to correct any other 
     deficiencies in the operation of the child care facility and 
     bring the facility and entity into compliance with the 
     requirements not later than 4 months after the date of 
     receipt of the notification;
       (III) require the contractor or licensee to provide the 
     parents of the children receiving child care services at the 
     child care facility and employees of the facility with a 
     notification detailing the deficiencies described in 
     subclauses (I) and (II) and actions that will be taken to 
     correct the deficiencies, and to post a copy of the 
     notification in a conspicuous place in the facility for 5 
     working days or until the deficiencies are corrected, 
     whichever is later;
       (IV) require the contractor or licensee to bring the child 
     care facility and entity into compliance with the 
     requirements and certify to the head of the agency that the 
     facility and entity are in compliance, based on an onsite 
     evaluation of the facility conducted by an independent entity 
     with expertise in child care health and safety; and
       (V) in the event that deficiencies determined by the 
     Administrator to be life threatening or to present a risk of 
     serious bodily harm cannot be corrected within 2 business 
     days after the date of receipt of the notification, close the 
     child care facility, or the affected portion of the facility, 
     until such deficiencies are corrected and notify the 
     Administrator of such closure, which closure may be grounds 
     for the immediate termination or suspension of the contract 
     or license of the contractor or licensee.

       (C) Cost reimbursement.--The Executive agency shall 
     reimburse the Administrator for the

[[Page S10035]]

      costs of carrying out subparagraph (A) for child care 
     facilities located in an executive facility other than an 
     executive facility of the General Services Administration. If 
     an entity is sponsoring a child care facility for 2 or more 
     Executive agencies, the Administrator shall allocate the 
     costs of providing such reimbursement with respect to the 
     entity among the agencies in a fair and equitable manner, 
     based on the extent to which each agency is eligible to place 
     children in the facility.
       (5) Disclosure of prior violations to parents and facility 
     employees.--The Administrator shall issue regulations that 
     require that each entity sponsoring a child care facility in 
     an Executive facility, upon receipt by the child care 
     facility or the entity (as applicable) of a request by any 
     individual who is a parent of any child enrolled at the 
     facility, a parent of a child for whom an application has 
     been submitted to enroll at the facility, or an employee of 
     the facility, shall provide to the individual--
       (A) copies of all notifications of deficiencies that have 
     been provided in the past with respect to the facility under 
     clause (i)(III) or (ii)(III), as applicable, of paragraph 
     (4)(B); and
       (B) a description of the actions that were taken to correct 
     the deficiencies.
       (c) Legislative Branch Standards and Compliance.--
       (1) State and local licensing requirements, health, safety, 
     and facility standards, and accreditation standards.--
       (A) In general.--The Chief Administrative Officer of the 
     House of Representatives shall issue regulations, approved by 
     the Committee on House Oversight of the House of 
     Representatives, governing the operation of the House of 
     Representatives Child Care Center. The Librarian of Congress 
     shall issue regulations, approved by the appropriate House 
     and Senate committees with jurisdiction over the Library of 
     Congress, governing the operation of the child care center 
     located at the Library of Congress. Subject to paragraph (3), 
     the head of a designated entity in the Senate shall issue 
     regulations, approved by the Committee on Rules and 
     Administration of the Senate, governing the operation of the 
     Senate Employees' Child Care Center.
       (B) Stringency.--The regulations described in subparagraph 
     (A) shall be no less stringent in content and effect than the 
     requirements of subsection (b)(1) and the regulations issued 
     by the Administrator under paragraphs (2) and (3) of 
     subsection (b), except to the extent that appropriate 
     administrative officers, with the approval of the appropriate 
     House or Senate committees with oversight responsibility for 
     the centers, may jointly or independently determine, for good 
     cause shown and stated together with the regulations, that a 
     modification of such regulations would be more effective for 
     the implementation of the requirements and standards 
     described in paragraphs (1), (2), and (3) of subsection (b) 
     for child care facilities, and entities sponsoring child care 
     facilities, in the corresponding legislative facilities.
       (2) Evaluation and compliance.--
       (A) Administration.--Subject to paragraph (3), the Chief 
     Administrative Officer of the House of Representatives, the 
     head of the designated Senate entity, and the Librarian of 
     Congress, shall have the same authorities and duties--
       (i) with respect to the evaluation of, compliance of, and 
     cost reimbursement for child care facilities, and entities 
     sponsoring child care facilities, in the corresponding 
     legislative facilities as the Administrator has under 
     subsection (b)(4) with respect to the evaluation of, 
     compliance of, and cost reimbursement for such facilities and 
     entities sponsoring such facilities, in executive facilities; 
     and
       (ii) with respect to issuing regulations requiring the 
     entities sponsoring child care facilities in the 
     corresponding legislative facilities to provide notifications 
     of deficiencies and descriptions of corrective actions as the 
     Administration has under subsection (b)(5) with respect to 
     issuing regulations requiring the entities sponsoring child 
     care facilities in executive facilities to provide 
     notifications of deficiencies and descriptions of corrective 
     actions.
       (B) Enforcement.--Subject to paragraph (3), the Committee 
     on House Oversight of the House of Representatives and the 
     Committee on Rules and Administration of the Senate, as 
     appropriate, shall have the same authorities and duties with 
     respect to the compliance of and cost reimbursement for child 
     care facilities, and entities sponsoring child care 
     facilities, in the corresponding legislative facilities as 
     the head of an Executive agency has under subsection (b)(4) 
     with respect to the compliance of and cost reimbursement for 
     such facilities and entities sponsoring such facilities, in 
     executive facilities.
       (3) Interim status.--Until such time as the Committee on 
     Rules and Administration of the Senate establishes, or the 
     head of the designated Senate entity establishes, standards 
     described in paragraphs (1), (2), and (3) of subsection (b) 
     governing the operation of the Senate Employees' Child Care 
     Center, such facility shall maintain current accreditation 
     status.
       (d) Application.--Notwithstanding any other provision of 
     this section, if 8 or more child care facilities are 
     sponsored in facilities owned or leased by an Executive 
     agency, the Administrator shall delegate to the head of the 
     agency the evaluation and compliance responsibilities 
     assigned to the Administrator under subsection (b)(4)(A).
       (e) Technical Assistance, Studies, and Reviews.--The 
     Administrator may provide technical assistance, and conduct 
     and provide the results of studies and reviews, for Executive 
     agencies, and entities sponsoring child care facilities in 
     executive facilities, on a reimbursable basis, in order to 
     assist the entities in complying with this section. The Chief 
     Administrative Officer of the House of Representatives, the 
     Librarian of Congress, and the head of the designated Senate 
     entity described in subsection (c), may provide technical 
     assistance, and conduct and provide the results of studies 
     and reviews, or request that the Administrator provide 
     technical assistance, and conduct and provide the results of 
     studies and reviews, for the corresponding legislative 
     offices, and entities operating child care facilities in the 
     corresponding legislative facilities, on a reimbursable 
     basis, in order to assist the entities in complying with this 
     section.
       (f) Council.--The Administrator shall establish an 
     interagency council, comprised of representatives of all 
     Executive agencies described in subsection (d), a 
     representative of the Chief Administrative Officer of the 
     House of Representatives, a representative of the designated 
     Senate entity described in subsection (c), and a 
     representative of the Librarian of Congress, to facilitate 
     cooperation and sharing of best practices, and to develop and 
     coordinate policy, regarding the provision of child care, 
     including the provision of areas for nursing mothers and 
     other lactation support facilities and services, in the 
     Federal Government.
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $900,000 for 
     fiscal year 1999 and such sums as may be necessary for each 
     subsequent fiscal year.
       Sec. 703. Child Care Services for Federal Employees. (a) In 
     General.--An Executive agency that provides or proposes to 
     provide child care services for Federal employees may use 
     agency funds to provide the child care services, in a 
     facility that is owned or leased by an Executive agency, or 
     through a contractor, for civilian employees of such agency.
       (b) Affordability.--Funds so used with respect to any such 
     facility or contractor shall be applied to improve the 
     affordability of child care for lower income Federal 
     employees using or seeking to use the child care services 
     offered by such facility or contractor.
       (c) Regulations.--The Director of the Office of Personnel 
     Management shall, within 180 days after the date of enactment 
     of this Act, issue regulations necessary to carry out this 
     section.
       (d) Definition.--For purposes of this section, the term 
     ``Executive agency'' has the meaning given such term by 
     section 105 of title 5, United States Code, but does not 
     include the General Accounting Office.
       Sec. 704. Miscellaneous Provisions Relating to Child Care 
     Provided by Federal Agencies. (a) Availability of Federal 
     Child Care Centers for Onsite Contractors; Percentage Goal.--
     Section 616(a) of the Act of December 22, 1987 (40 U.S.C. 
     490b), is amended--
       (1) in subsection (a), by striking paragraphs (2) and (3) 
     and inserting the following:
       ``(2) such officer or agency determines that such space 
     will be used to provide child care and related services to--
       ``(A) children of Federal employees or onsite Federal 
     contractors; or
       ``(B) dependent children who live with Federal employees or 
     onsite Federal contractors; and
       ``(3) such officer or agency determines that such 
     individual or entity will give priority for available child 
     care and related services in such space to Federal employees 
     and onsite Federal contractors.''; and
       (2) by adding at the end the following:
       ``(e)(1)(A) The Administrator of General Services shall 
     confirm that at least 50 percent of aggregate enrollment in 
     Federal child care centers governmentwide are children of 
     Federal employees or onsite Federal contractors, or dependent 
     children who live with Federal employees or onsite Federal 
     contractors.
       ``(B) Each provider of child care services at an individual 
     Federal child care center shall maintain 50 percent of the 
     enrollment at the center of children described under 
     subparagraph (A) as a goal for enrollment at the center.
       ``(C) If enrollment at a center does not meet the 
     percentage goal under subparagraph (B), the provider shall 
     develop and implement a business plan with the sponsoring 
     Federal agency to achieve the goal within a reasonable 
     timeframe. Such plan shall be approved by the Administrator 
     of General Services based on--
       ``(i) compliance of the plan with standards established by 
     the Administrator; and
       ``(ii) the effect of the plan on achieving the aggregate 
     Federal enrollment percentage goal.
       ``(2) The Administrator of General Services Administration 
     may enter into public-private partnerships or contracts with 
     nongovernmental entities to increase the capacity, quality, 
     affordability, or range of child care and related services 
     and may, on a demonstration basis, waive subsection (a)(3) 
     and paragraph (1) of this subsection.''.
       (b) Payment of Costs of Training Programs.--Section 
     616(b)(3) of such Act (40 U.S.C. 490(b)(3)) is amended to 
     read as follows:
       ``(3) If an agency has a child care facility in its space, 
     or is a sponsoring agency for a child care facility in other 
     Federal or leased space, the agency or the General Services 
     Administration may pay accreditation fees, including renewal 
     fees, for that center to be accredited. Any agency, 
     department, or instrumentality of the United States that 
     provides or proposes to provide child care services for 
     children referred to in subsection (a)(2), may reimburse any 
     Federal employee or any person employed to provide such 
     services for the costs of training programs, conferences, and 
     meetings and related travel, transportation, and subsistence 
     expenses incurred in connection with those activities. Any 
     per diem allowance made under this section shall not exceed 
     the rate specified in regulations prescribed under section 
     5707 of title 5, United States Code.''.
       (c) Provision of Child Care by Private Entities.--Section 
     616(d) of such Act (40 U.S.C. 490b(d)) is amended to read as 
     follows:
       ``(d)(1) If a Federal agency has a child care facility in 
     its space, or is a sponsoring agency

[[Page S10036]]

     for a child care facility in other Federal or leased space, 
     the agency, the child care center board of directors, or the 
     General Services Administration may enter into an agreement 
     with 1 or more private entities under which such private 
     entities would assist in defraying the general operating 
     expenses of the child care providers including salaries and 
     tuition assistance programs at the facility.
       ``(2)(A) Notwithstanding any other provision of law, if a 
     Federal agency does not have a child care program, or if the 
     Administrator of General Services has identified a need for 
     child care for Federal employees at an agency providing child 
     care services that do not meet the requirements of subsection 
     (a), the agency or the Administrator may enter into an 
     agreement with a non-Federal, licensed, and accredited child 
     care facility, or a planned child care facility that will 
     become licensed and accredited, for the provision of child 
     care services for children of Federal employees.
       ``(B) Before entering into an agreement, the head of the 
     Federal agency shall determine that child care services to be 
     provided through the agreement are more cost effectively 
     provided through such arrangement than through establishment 
     of a Federal child care facility.
       ``(C) The agency may provide any of the services described 
     in subsection (b)(3) if, in exchange for such services, the 
     facility reserves child care spaces for children referred to 
     in subsection (a)(2), as agreed to by the parties. The cost 
     of any such services provided by an agency to a child care 
     facility on behalf of another agency shall be reimbursed by 
     the receiving agency.
       ``(3) This subsection does not apply to residential child 
     care programs.''.
       (d) Pilot Projects.--Section 616 of such Act (40 U.S.C. 
     490b) is further amended by adding at the end the following:
       ``(f)(1) Upon approval of the agency head, an agency may 
     conduct a pilot project not otherwise authorized by law for 
     no more than 2 years to test innovative approaches to 
     providing alternative forms of quality child care assistance 
     for Federal employees. An agency head may extend a pilot 
     project for an additional 2-year period. Before any pilot 
     project may be implemented, a determination shall be made by 
     the agency head that initiating the pilot project would be 
     more cost-effective than establishing a new child care 
     facility. Costs of any pilot project shall be borne solely by 
     the agency conducting the pilot project.
       ``(2) The Administrator of General Services shall serve as 
     an information clearinghouse for pilot projects initiated by 
     other agencies to disseminate information concerning the 
     pilot projects to the other agencies.
       ``(3) Within 6 months after completion of the initial 2-
     year pilot project period, an agency conducting a pilot 
     project under this subsection shall provide for an evaluation 
     of the impact of the project on the delivery of child care 
     services to Federal employees, and shall submit the results 
     of the evaluation to the Administrator of General Services. 
     The Administrator shall share the results with other Federal 
     agencies.''.
       (e) Background Check.--Section 616 of such Act (40 U.S.C. 
     490b) is further amended by adding at the end the following:
       ``(g) Each child care center located in a federally owned 
     or leased facility shall ensure that each employee of such 
     center (including any employee whose employment began before 
     the date of enactment of this subsection) shall undergo a 
     criminal history background check consistent with section 3 
     of the National Child Protection Act of 1993 (42 U.S.C. 
     5119a).''.
       Sec. 705. Requirement to Provide Lactation Support in New 
     Federal Child Care Facilities. (a) Definitions.--In this 
     section, the terms ``Federal agency'', ``executive 
     facility'', and ``legislative facility'' have the meanings 
     given the terms in section 702.
       (b) Lactation Support.--The head of each Federal agency 
     shall require that each child care facility in an executive 
     facility or a legislative facility that is first operated 
     after the 1-year period beginning on the date of enactment of 
     this Act by the Federal agency, or under a contract or 
     licensing agreement with the Federal agency, shall provide 
     reasonable accommodations for the needs of breast-fed infants 
     and their mothers, including providing a lactation area or a 
     room for nursing mothers in part of the operating plan for 
     the facility.

   TITLE VIII--OFFICE OF NATIONAL DRUG CONTROL POLICY REAUTHORIZATION

       Sec. 801. Short Title. This title may be cited as the 
     ``Office of National Drug Control Policy Reauthorization Act 
     of 1998''.
       Sec. 802. Definitions. In this title:
       (1) Demand reduction.--The term ``demand reduction'' means 
     any activity conducted by a National Drug Control Program 
     agency, other than an enforcement activity, that is intended 
     to reduce the use of drugs, including--
       (A) drug abuse education;
       (B) drug abuse prevention;
       (C) drug abuse treatment;
       (D) drug abuse research;
       (E) drug abuse rehabilitation;
       (F) drug-free workplace programs; and
       (G) drug testing.
       (2) Director.--The term ``Director'' means the Director of 
     National Drug Control Policy.
       (3) Drug.--The term ``drug'' has the meaning given the term 
     ``controlled substance'' in section 102(6) of the Controlled 
     Substances Act (21 U.S.C. 802(6)).
       (4) Drug control.--The term ``drug control'' means any 
     activity conducted by a National Drug Control Program agency 
     involving supply reduction or demand reduction, including any 
     activity to reduce the use of tobacco or alcoholic beverages 
     by underage individuals.
       (5) Fund.--The term ``Fund'' means the fund established 
     under section 803(d).
       (6) National drug control program.--The term ``National 
     Drug Control Program'' means programs, policies, and 
     activities undertaken by National Drug Control Program 
     agencies pursuant to the responsibilities of such agencies 
     under the National Drug Control Strategy.
       (7) National drug control program agency.--The term 
     ``National Drug Control Program agency'' means any department 
     or agency of the Federal Government and all dedicated units 
     thereof, with responsibilities under the National Drug 
     Control Strategy, as designated by the President, or jointly 
     by the Director and the head of the department or agency.
       (8) National drug control strategy.--The term ``National 
     Drug Control Strategy'' means the strategy developed and 
     submitted to Congress under section 806.
       (9) Office.--Unless the context clearly implicates 
     otherwise, the term ``Office'' means the Office of National 
     Drug Control Policy established under section 803(a).
       (10) State and local affairs.--The term ``State and local 
     affairs'' means domestic activities conducted by a National 
     Drug Control Program agency that are intended to reduce the 
     availability and use of drugs, including--
       (A) coordination and facilitation of Federal, State, and 
     local law enforcement drug control efforts;
       (B) promotion of coordination and cooperation among the 
     drug supply reduction and demand reduction agencies of the 
     various States, territories, and units of local government; 
     and
       (C) such other cooperative governmental activities which 
     promote a comprehensive approach to drug control at the 
     national, State, territory, and local levels.
       (11) Supply reduction.--The term ``supply reduction'' means 
     any activity of a program conducted by a National Drug 
     Control Program agency that is intended to reduce the 
     availability or use of drugs in the United States and abroad, 
     including--
       (A) international drug control;
       (B) foreign and domestic drug intelligence;
       (C) interdiction; and
       (D) domestic drug law enforcement, including law 
     enforcement directed at drug users.
       Sec. 803. Office of National Drug Control Policy. (a) 
     Establishment of Office.--There is established in the 
     Executive Office of the President an Office of National Drug 
     Control Policy, which shall--
       (1) develop national drug control policy;
       (2) coordinate and oversee the implementation of that 
     national drug control policy;
       (3) assess and certify the adequacy of national drug 
     control programs and the budget for those programs; and
       (4) evaluate the effectiveness of the national drug control 
     programs.
       (b) Director and Deputy Directors.--
       (1) Director.--There shall be at the head of the Office a 
     Director of National Drug Control Policy.
       (2) Deputy director of national drug control policy.--There 
     shall be in the Office a Deputy Director of National Drug 
     Control Policy, who shall assist the Director in carrying out 
     the responsibilities of the Director under this title.
       (3) Other deputy directors.--There shall be in the Office--
       (A) a Deputy Director for Demand Reduction, who shall be 
     responsible for the activities described in subparagraphs (A) 
     through (G) of section 802(1);
       (B) a Deputy Director for Supply Reduction, who shall be 
     responsible for the activities described in subparagraphs (A) 
     through (C) of section 802(11); and
       (C) a Deputy Director for State and Local Affairs, who 
     shall be responsible for the activities described in 
     subparagraphs (A) through (C) of section 802(10).
       (c) Access by Congress.--The location of the Office in the 
     Executive Office of the President shall not be construed as 
     affecting access by Congress, or any committee of the House 
     of Representatives or the Senate, to any--
       (1) information, document, or study in the possession of, 
     or conducted by or at the direction of the Director; or
       (2) personnel of the Office.
       (d) Office of National Drug Control Policy Gift Fund.--
       (1) Establishment.--There is established in the Treasury of 
     the United States a fund for the receipt of gifts, both real 
     and personal, for the purpose of aiding or facilitating the 
     work of the Office under section 804(c).
       (2) Contributions.--The Office may accept, hold, and 
     administer contributions to the Fund.
       (3) Use of amounts deposited.--Amounts deposited in the 
     Fund are authorized to be appropriated, to remain available 
     until expended for authorized purposes at the discretion of 
     the Director.
       Sec. 804. Appointment and Duties of Director and Deputy 
     Directors. (a) Appointment.--
       (1) In general.--The Director, the Deputy Director of 
     National Drug Control Policy, the Deputy Director for Demand 
     Reduction, the Deputy Director for Supply Reduction, and the 
     Deputy Director for State and Local Affairs, shall each be 
     appointed by the President, by and with the advice and 
     consent of the Senate, and shall serve at the pleasure of the 
     President. In appointing the Deputy Director for Demand 
     Reduction under this paragraph, the President shall take into 
     consideration the scientific, educational or professional 
     background of the individual, and whether the individual has 
     experience in the fields of substance abuse prevention, 
     education, or treatment.
       (2) Duties of deputy director of national drug control 
     policy.--The Deputy Director of National Drug Control Policy 
     shall--
       (A) carry out the duties and powers prescribed by the 
     Director; and
       (B) serve as the Director in the absence of the Director or 
     during any period in which the office of the Director is 
     vacant.

[[Page S10037]]

       (3) Designation of other officers.--In the absence of the 
     Deputy Director, or if the office of the Deputy Director is 
     vacant, the Director shall designate such other permanent 
     employee of the Office to serve as the Director, if the 
     Director is absent or unable to serve.
       (4) Prohibition.--No person shall serve as Director or a 
     Deputy Director while serving in any other position in the 
     Federal Government.
       (5) Prohibition on political campaigning.--Any officer or 
     employee of the Office who is appointed to that position by 
     the President, by and with the advice and consent of the 
     Senate, may not participate in Federal election campaign 
     activities, except that such official is not prohibited by 
     this paragraph from making contributions to individual 
     candidates.
       (b) Responsibilities.--The Director shall--
       (1) assist the President in the establishment of policies, 
     goals, objectives, and priorities for the National Drug 
     Control Program;
       (2) promulgate the National Drug Control Strategy and each 
     report under section 806(b) in accordance with section 806;
       (3) coordinate and oversee the implementation by the 
     National Drug Control Program agencies of the policies, 
     goals, objectives, and priorities established under paragraph 
     (1) and the fulfillment of the responsibilities of such 
     agencies under the National Drug Control Strategy;
       (4) make such recommendations to the President as the 
     Director determines are appropriate regarding changes in the 
     organization, management, and budgets of Federal departments 
     and agencies engaged in drug enforcement, and changes in the 
     allocation of personnel to and within those departments and 
     agencies, to implement the policies, goals, priorities, and 
     objectives established under paragraph (1) and the National 
     Drug Control Strategy;
       (5) consult with and assist State and local governments 
     with respect to the formulation and implementation of 
     National Drug Control Policy and their relations with the 
     National Drug Control Program agencies;
       (6) appear before duly constituted committees and 
     subcommittees of the House of Representatives and of the 
     Senate to represent the drug policies of the executive 
     branch;
       (7) notify any National Drug Control Program agency if its 
     policies are not in compliance with the responsibilities of 
     the agency under the National Drug Control Strategy, transmit 
     a copy of each such notification to the President, and 
     maintain a copy of each such notification;
       (8) provide, by July 1 of each year, budget 
     recommendations, including requests for specific initiatives 
     that are consistent with the priorities of the President 
     under the National Drug Control Strategy, to the heads of 
     departments and agencies with responsibilities under the 
     National Drug Control Program, which recommendations shall--
       (A) apply to next budget year scheduled for formulation 
     under the Budget and Accounting Act of 1921, and each of the 
     4 subsequent fiscal years; and
       (B) address funding priorities developed in the National 
     Drug Control Strategy;
       (9) serve as the representative of the President in 
     appearing before Congress on all issues relating to the 
     National Drug Control Program;
       (10) in any matter affecting national security interests, 
     work in conjunction with the Assistant to the President for 
     National Security Affairs; and
       (11) serve as primary spokesperson of the Administration on 
     drug issues.
       (c) National Drug Control Program Budget.--
       (1) Responsibilities of national drug control program 
     agencies.--
       (A) In general.--For each fiscal year, the head of each 
     department, agency, or program of the Federal Government with 
     responsibilities under the National Drug Control Program 
     Strategy shall transmit to the Director a copy of the 
     proposed drug control budget request of the department, 
     agency, or program at the same time as that budget request is 
     submitted to their superiors (and before submission to the 
     Office of Management and Budget) in the preparation of the 
     budget of the President submitted to Congress under section 
     1105(a) of title 31, United States Code.
       (B) Submission of drug control budget requests.--The head 
     of each National Drug Control Program agency shall ensure 
     timely development and submission to the Director of each 
     proposed drug control budget request transmitted pursuant to 
     this paragraph, in such format as may be designated by the 
     Director with the concurrence of the Director of the Office 
     of Management and Budget.
       (2) National drug control program budget proposal.--For 
     each fiscal year, following the transmission of proposed drug 
     control budget requests to the Director under paragraph (1), 
     the Director shall, in consultation with the head of each 
     National Drug Control Program agency--
       (A) develop a consolidated National Drug Control Program 
     budget proposal designed to implement the National Drug 
     Control Strategy;
       (B) submit the consolidated budget proposal to the 
     President; and
       (C) after submission under subparagraph (B), submit the 
     consolidated budget proposal to Congress.
       (3) Review and certification of budget requests and budget 
     submissions of national drug control program agencies.--
       (A) In general.--The Director shall review each drug 
     control budget request submitted to the Director under 
     paragraph (1).
       (B) Review of budget requests.--
       (i) Inadequate requests.--If the Director concludes that a 
     budget request submitted under paragraph (1) is inadequate, 
     in whole or in part, to implement the objectives of the 
     National Drug Control Strategy with respect to the 
     department, agency, or program at issue for the year for 
     which the request is submitted, the Director shall submit to 
     the head of the applicable National Drug Control Program 
     agency a written description of funding levels and specific 
     initiatives that would, in the determination of the Director, 
     make the request adequate to implement those objectives.
       (ii) Adequate requests.--If the Director concludes that a 
     budget request submitted under paragraph (1) is adequate to 
     implement the objectives of the National Drug Control 
     Strategy with respect to the department, agency, or program 
     at issue for the year for which the request is submitted, the 
     Director shall submit to the head of the applicable National 
     Drug Control Program agency a written statement confirming 
     the adequacy of the request.
       (iii) Record.--The Director shall maintain a record of each 
     description submitted under clause (i) and each statement 
     submitted under clause (ii).
       (C) Agency response.--
       (i) In general.--The head of a National Drug Control 
     Program agency that receives a description under subparagraph 
     (B)(i) shall include the funding levels and initiatives 
     described by the Director in the budget submission for that 
     agency to the Office of Management and Budget.
       (ii) Impact statement.--The head of a National Drug Control 
     Program agency that has altered its budget submission under 
     this subparagraph shall include as an appendix to the budget 
     submission for that agency to the Office of Management and 
     Budget an impact statement that summarizes--

       (I) the changes made to the budget under this subparagraph; 
     and
       (II) the impact of those changes on the ability of that 
     agency to perform its other responsibilities, including any 
     impact on specific missions or programs of the agency.

       (iii) Congressional notification.--The head of a National 
     Drug Control Program agency shall submit a copy of any impact 
     statement under clause (ii) to the Senate and the House of 
     Representatives at the time the budget for that agency is 
     submitted to Congress under section 1105(a) of title 31, 
     United States Code.
       (D) Certification of budget submissions.--
       (i) In general.--At the time a National Drug Control 
     Program agency submits its budget request to the Office of 
     Management and Budget, the head of the National Drug Control 
     Program agency shall submit a copy of the budget request to 
     the Director.
       (ii) Certification.--The Director--

       (I) shall review each budget submission submitted under 
     clause (i); and
       (II) based on the review under subclause (I), if the 
     Director concludes that the budget submission of a National 
     Drug Control Program agency does not include the funding 
     levels and initiatives described under subparagraph (B)--

       (aa) may issue a written decertification of that agency's 
     budget; and
       (bb) in the case of a decertification issued under item 
     (aa), shall submit to the Senate and the House of 
     Representatives a copy of the--
       (aaa) decertification issued under item (aa);
       (bbb) the description made under subparagraph (B); and
       (ccc) the budget recommendations made under subsection 
     (b)(8).
       (4) Reprogramming and transfer requests.--
       (A) In general.--No National Drug Control Program agency 
     shall submit to Congress a reprogramming or transfer request 
     with respect to any amount of appropriated funds in an amount 
     exceeding $5,000,000 that is included in the National Drug 
     Control Program budget unless the request has been approved 
     by the Director.
       (B) Appeal.--The head of any National Drug Control Program 
     agency may appeal to the President any disapproval by the 
     Director of a reprogramming or transfer request under this 
     paragraph.
       (d) Powers of the Director.--In carrying out subsection 
     (b), the Director may--
       (1) select, appoint, employ, and fix compensation of such 
     officers and employees of the Office as may be necessary to 
     carry out the functions of the Office under this title;
       (2) subject to subsection (e)(3), request the head of a 
     department or agency, or program of the Federal Government to 
     place department, agency, or program personnel who are 
     engaged in drug control activities on temporary detail to 
     another department, agency, or program in order to implement 
     the National Drug Control Strategy, and the head of the 
     department or agency shall comply with such a request;
       (3) use for administrative purposes, on a reimbursable 
     basis, the available services, equipment, personnel, and 
     facilities of Federal, State, and local agencies;
       (4) procure the services of experts and consultants in 
     accordance with section 3109 of title 5, United States Code, 
     relating to appointments in the Federal Service, at rates of 
     compensation for individuals not to exceed the daily 
     equivalent of the rate of pay payable under level IV of the 
     Executive Schedule under section 5311 of title 5, United 
     States Code;
       (5) accept and use gifts and donations of property from 
     Federal, State, and local government agencies, and from the 
     private sector, as authorized in section 803(d);
       (6) use the mails in the same manner as any other 
     department or agency of the executive branch;
       (7) monitor implementation of the National Drug Control 
     Program, including--
       (A) conducting program and performance audits and 
     evaluations;
       (B) requesting assistance from the Inspector General of the 
     relevant agency in such audits and evaluations; and
       (C) commissioning studies and reports by a National Drug 
     Control Program agency, with the concurrence of the head of 
     the affected agency;

[[Page S10038]]

       (8) transfer funds made available to a National Drug 
     Control Program agency for National Drug Control Strategy 
     programs and activities to another account within such agency 
     or to another National Drug Control Program agency for 
     National Drug Control Strategy programs and activities, 
     except that--
       (A) the authority under this paragraph may be limited in an 
     annual appropriations Act or other provision of Federal law;
       (B) the Director may exercise the authority under this 
     paragraph only with the concurrence of the head of each 
     affected agency;
       (C) in the case of an interagency transfer, the total 
     amount of transfers under this paragraph may not exceed 2 
     percent of the total amount of funds made available for 
     National Drug Control Strategy programs and activities to the 
     agency from which those funds are to be transferred;
       (D) funds transferred to an agency under this paragraph may 
     only be used to increase the funding for programs or 
     activities that--
       (i) have a higher priority than the programs or activities 
     from which funds are transferred; and
       (ii) have been authorized by Congress; and
       (E) the Director shall--
       (i) submit to Congress, including to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     and other applicable committees of jurisdiction, a 
     reprogramming or transfer request in advance of any transfer 
     under this paragraph in accordance with the regulations of 
     the affected agency or agencies; and
       (ii) annually submit to Congress a report describing the 
     effect of all transfers of funds made pursuant to this 
     paragraph or subsection (c)(4) during the 12-month period 
     preceding the date on which the report is submitted;
       (9) issue to the head of a National Drug Control Program 
     agency a fund control notice described in subsection (f) to 
     ensure compliance with the National Drug Control Program 
     Strategy; and
       (10) participate in the drug certification process pursuant 
     to section 490 of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2291j).
       (e) Personnel Detailed to Office.--
       (1) Evaluations.--Notwithstanding any provision of chapter 
     43 of title 5, United States Code, the Director shall perform 
     the evaluation of the performance of any employee detailed to 
     the Office for purposes of the applicable performance 
     appraisal system established under such chapter for any 
     rating period, or part thereof, that such employee is 
     detailed to such office.
       (2) Compensation.--
       (A) Bonus payments.--Notwithstanding any other provision of 
     law, the Director may provide periodic bonus payments to any 
     employee detailed to the Office.
       (B) Restrictions.--An amount paid under this paragraph to 
     an employee for any period--
       (i) shall not be greater than 20 percent of the basic pay 
     paid or payable to such employee for such period; and
       (ii) shall be in addition to the basic pay of such 
     employee.
       (C) Aggregate amount.--The aggregate amount paid during any 
     fiscal year to an employee detailed to the Office as basic 
     pay, awards, bonuses, and other compensation shall not exceed 
     the annual rate payable at the end of such fiscal year for 
     positions at level III of the Executive Schedule.
       (3) Maximum number of detailees.--The maximum number of 
     personnel who may be detailed to another department or agency 
     (including the Office) under subsection (d)(2) during any 
     fiscal year is--
       (A) for the Department of Defense, 50; and
       (B) for any other department or agency, 10.
       Sec. 805. Coordination with National Drug Control Program 
     Agencies in Demand Reduction, Supply Reduction, and State and 
     Local Affairs. (a) Access to Information.--
       (1) In general.--Upon the request of the Director, the head 
     of any National Drug Control Program agency shall cooperate 
     with and provide to the Director any statistics, studies, 
     reports, and other information prepared or collected by the 
     agency concerning the responsibilities of the agency under 
     the National Drug Control Strategy that relate to--
       (A) drug abuse control; or
       (B) the manner in which amounts made available to that 
     agency for drug control are being used by that agency.
       (2) Protection of intelligence information.--
       (A) In general.--The authorities conferred on the Office 
     and the Director by this title shall be exercised in a manner 
     consistent with provisions of the National Security Act of 
     1947 (50 U.S.C. 401 et seq.). The Director of Central 
     Intelligence shall prescribe such regulations as may be 
     necessary to protect information provided pursuant to this 
     title regarding intelligence sources and methods.
       (B) Duties of director.--The Director of Central 
     Intelligence shall, to the maximum extent practicable in 
     accordance with subparagraph (A), render full assistance and 
     support to the Office and the Director.
       (3) Illegal drug cultivation.--The Secretary of Agriculture 
     shall annually submit to the Director an assessment of the 
     acreage of illegal drug cultivation in the United States.
       (b) Certification of Policy Changes to Director.--
       (1) In general.--Subject to paragraph (2), the head of a 
     National Drug Control Program agency shall, unless exigent 
     circumstances require otherwise, notify the Director in 
     writing regarding any proposed change in policies relating to 
     the activities of that agency under the National Drug Control 
     Program prior to implementation of such change. The Director 
     shall promptly review such proposed change and certify to the 
     head of that agency in writing whether such change is 
     consistent with the National Drug Control Strategy.
       (2) Exception.--If prior notice of a proposed change under 
     paragraph (1) is not practicable--
       (A) the head of the National Drug Control Program agency 
     shall notify the Director of the proposed change as soon as 
     practicable; and
       (B) upon such notification, the Director shall review the 
     change and certify to the head of that agency in writing 
     whether the change is consistent with the National Drug 
     Control Program.
       (c) General Services Administration.--The Administrator of 
     General Services shall provide to the Director, in a 
     reimbursable basis, such administrative support services as 
     the Director may request.
       Sec. 806. Development, Submission, Implementation, and 
     Assessment of National Drug Control Strategy. (a) Timing, 
     Contents, and Process for Development and Submission of 
     National Drug Control Strategy.--
       (1) Timing.--Not later than February 1, 1998, the President 
     shall submit to Congress a National Drug Control Strategy, 
     which shall set forth a comprehensive plan, covering a period 
     of not more than 10 years, for reducing drug abuse and the 
     consequences of drug abuse in the United States, by limiting 
     the availability of and reducing the demand for illegal 
     drugs.
       (2) Contents.--
       (A) In general.--The National Drug Control Strategy 
     submitted under paragraph (1) shall include--
       (i) comprehensive, research-based, long-range, 
     quantifiable, goals for reducing drug abuse and the 
     consequences of drug abuse in the United States;
       (ii) annual, quantifiable, and measurable objectives to 
     accomplish long-term quantifiable goals that the Director 
     determines may be realistically achieved during each year of 
     the period beginning on the date on which the National Drug 
     Control Strategy is submitted;
       (iii) 5-year projections for program and budget priorities; 
     and
       (iv) a review of State, local, and private sector drug 
     control activities to ensure that the United States pursues 
     well-coordinated and effective drug control at all levels of 
     government.
       (B) Classified information.--Any contents of the National 
     Drug Control Strategy that involves information properly 
     classified under criteria established by an Executive order 
     shall be presented to Congress separately from the rest of 
     the National Drug Control Strategy.
       (3) Process for development and submission.--
       (A) Consultation.--In developing and effectively 
     implementing the National Drug Control Strategy, the 
     Director--
       (i) shall consult with--

       (I) the heads of the National Drug Control Program 
     agencies;
       (II) Congress;
       (III) State and local officials;
       (IV) private citizens and organizations with experience and 
     expertise in demand reduction; and
       (V) private citizens and organizations with experience and 
     expertise in supply reduction; and

       (ii) may require the National Drug Intelligence Center and 
     the El Paso Intelligence Center to undertake specific tasks 
     or projects to implement the National Drug Control Strategy.
       (B) Inclusion in strategy.--The National Drug Control 
     Strategy under this subsection, and each report submitted 
     under subsection (b), shall include a list of each entity 
     consulted under subparagraph (A)(i).
       (4) Modification and resubmittal.--Notwithstanding any 
     other provision of law, the President may modify a National 
     Drug Control Strategy submitted under paragraph (1) at any 
     time.
       (b) Annual Strategy Report.--
       (1) In general.--Not later than February 1, 1999, and on 
     February 1 of each year thereafter, the President shall 
     submit to Congress a report on the progress in implementing 
     the Strategy under subsection (a), which shall include--
       (A) an assessment of the Federal effectiveness in achieving 
     the National Drug Control Strategy goals and objectives using 
     the performance measurement system described in subsection 
     (c), including--
       (i) an assessment of drug use and availability in the 
     United States; and
       (ii) an estimate of the effectiveness of interdiction, 
     treatment, prevention, law enforcement, and international 
     programs under the National Drug Control Strategy in effect 
     during the preceding year, or in effect as of the date on 
     which the report is submitted;
       (B) any modifications of the National Drug Control Strategy 
     or the performance measurement system described in subsection 
     (c);
       (C) an assessment of the manner in which the budget 
     proposal submitted under section 804(c) is intended to 
     implement the National Drug Control Strategy and whether the 
     funding levels contained in such proposal are sufficient to 
     implement such Strategy;
       (D) beginning on February 1, 1999, and annually thereafter, 
     measurable data evaluating the success or failure in 
     achieving the annual measurable objectives described in 
     subsection (a)(2)(A)(ii);
       (E) an assessment of current drug use (including inhalants) 
     and availability, impact of drug use, and treatment 
     availability, which assessment shall include--
       (i) estimates of drug prevalence and frequency of use as 
     measured by national, State, and local surveys of illicit 
     drug use and by other special studies of--

       (I) casual and chronic drug use;
       (II) high-risk populations, including school dropouts, the 
     homeless and transient, arrestees, parolees, probationers, 
     and juvenile delinquents; and
       (III) drug use in the workplace and the productivity lost 
     by such use;

[[Page S10039]]

       (ii) an assessment of the reduction of drug availability 
     against an ascertained baseline, as measured by--

       (I) the quantities of cocaine, heroin, marijuana, 
     methamphetamine, and other drugs available for consumption in 
     the United States;
       (II) the amount of marijuana, cocaine, and heroin entering 
     the United States;
       (III) the number of hectares of marijuana, poppy, and coca 
     cultivated and destroyed;
       (IV) the number of metric tons of marijuana, heroin, and 
     cocaine seized;
       (V) the number of cocaine and methamphetamine processing 
     laboratories destroyed;
       (VI) changes in the price and purity of heroin and cocaine;
       (VII) the amount and type of controlled substances diverted 
     from legitimate retail and wholesale sources; and
       (VIII) the effectiveness of Federal technology programs at 
     improving drug detection capabilities in interdiction, and at 
     United States ports of entry;

       (iii) an assessment of the reduction of the consequences of 
     drug use and availability, which shall include estimation 
     of--

       (I) the burden drug users placed on hospital emergency 
     departments in the United States, such as the quantity of 
     drug-related services provided;
       (II) the annual national health care costs of drug use, 
     including costs associated with people becoming infected with 
     the human immunodeficiency virus and other infectious 
     diseases as a result of drug use;
       (III) the extent of drug-related crime and criminal 
     activity; and
       (IV) the contribution of drugs to the underground economy, 
     as measured by the retail value of drugs sold in the United 
     States;

       (iv) a determination of the status of drug treatment in the 
     United States, by assessing--

       (I) public and private treatment capacity within each 
     State, including information on the treatment capacity 
     available in relation to the capacity actually used;
       (II) the extent, within each State, to which treatment is 
     available;
       (III) the number of drug users the Director estimates could 
     benefit from treatment; and
       (IV) the specific factors that restrict the availability of 
     treatment services to those seeking it and proposed 
     administrative or legislative remedies to make treatment 
     available to those individuals; and

       (v) a review of the research agenda of the Counter-Drug 
     Technology Assessment Center to reduce the availability and 
     abuse of drugs; and
       (F) an assessment of private sector initiatives and 
     cooperative efforts between the Federal Government and State 
     and local governments for drug control.
       (2) Submission of revised strategy.--The President may 
     submit to Congress a revised National Drug Control Strategy 
     that meets the requirements of this section--
       (A) at any time, upon a determination by the President, in 
     consultation with the Director, that the National Drug 
     Control Strategy in effect is not sufficiently effective; and
       (B) if a new President or Director takes office.
       (c) Performance Measurement System.--
       (1) In general.--Not later than February 1, 1998, the 
     Director shall submit to Congress a description of the 
     national drug control performance measurement system, 
     designed in consultation with affected National Drug Control 
     Program agencies, that--
       (A) develops performance objectives, measures, and targets 
     for each National Drug Control Strategy goal and objective;
       (B) revises performance objectives, measures, and targets, 
     to conform with National Drug Control Program Agency budgets;
       (C) identifies major programs and activities of the 
     National Drug Control Program agencies that support the goals 
     and objectives of the National Drug Control Strategy;
       (D) evaluates implementation of major program activities 
     supporting the National Drug Control Strategy;
       (E) monitors consistency between the drug-related goals and 
     objectives of the National Drug Control Program agencies and 
     ensures that drug control agency goals and budgets support 
     and are fully consistent with the National Drug Control 
     Strategy; and
       (F) coordinates the development and implementation of 
     national drug control data collection and reporting systems 
     to support policy formulation and performance measurement, 
     including an assessment of--
       (i) the quality of current drug use measurement instruments 
     and techniques to measure supply reduction and demand 
     reduction activities;
       (ii) the adequacy of the coverage of existing national drug 
     use measurement instruments and techniques to measure the 
     casual drug user population and groups that are at risk for 
     drug use; and
       (iii) the actions the Director shall take to correct any 
     deficiencies and limitations identified pursuant to 
     subparagraphs (A) and (B) of subsection (b)(4).
       (2) Modifications.--
       (A) In general.--A description of any modifications made 
     during the preceding year to the national drug control 
     performance measurement system described in paragraph (1) 
     shall be included in each report submitted under subsection 
     (b).
       (B) Annual performance objectives, measures, and targets.--
     Not later than February 1, 1999, the Director shall submit to 
     Congress a modified performance measurement system that--
       (i) develops annual performance objectives, measures, and 
     targets for each National Drug Control Strategy goal and 
     objective; and
       (ii) revises the annual performance objectives, measures, 
     and targets to conform with the National Drug Control Program 
     agency budgets.
       Sec. 807. High Intensity Drug Trafficking Areas Program. 
     (a) Establishment.--There is established in the Office a 
     program to be known as the High Intensity Drug Trafficking 
     Areas Program.
       (b) Designation.--The Director, upon consultation with the 
     Attorney General, the Secretary of the Treasury, heads of the 
     National Drug Control Program agencies, and the Governor of 
     each State, may designate any specified area of the United 
     States as a high intensity drug trafficking area. After 
     making such a designation and in order to provide Federal 
     assistance to the area so designated, the Director may--
       (1) obligate such sums as appropriated for the High 
     Intensity Drug Trafficking Areas Program;
       (2) direct the temporary reassignment of Federal personnel 
     to such area, subject to the approval of the head of the 
     department or agency that employs such personnel;
       (3) take any other action authorized under section 804 to 
     provide increased Federal assistance to those areas;
       (4) coordinate activities under this subsection 
     (specifically administrative, recordkeeping, and funds 
     management activities) with State and local officials.
       (c) Factors for Consideration.--In considering whether to 
     designate an area under this section as a high intensity drug 
     trafficking area, the Director shall consider, in addition to 
     such other criteria as the Director considers to be 
     appropriate, the extent to which--
       (1) the area is a center of illegal drug production, 
     manufacturing, importation, or distribution;
       (2) State and local law enforcement agencies have committed 
     resources to respond to the drug trafficking problem in the 
     area, thereby indicating a determination to respond 
     aggressively to the problem;
       (3) drug-related activities in the area are having a 
     harmful impact in other areas of the country; and
       (4) a significant increase in allocation of Federal 
     resources is necessary to respond adequately to drug-related 
     activities in the area.
       Sec. 808. Counter-Drug Technology Assessment Center. (a) 
     Establishment.--There is established within the Office the 
     Counter-Drug Technology Assessment Center (referred to in 
     this section as the ``Center''). The Center shall operate 
     under the authority of the Director of National Drug Control 
     Policy and shall serve as the central counter-drug technology 
     research and development organization of the United States 
     Government.
       (b) Director of Technology.--There shall be at the head of 
     the Center the Director of Technology, who shall be appointed 
     by the Director of National Drug Control Policy from among 
     individuals qualified and distinguished in the area of 
     science, medicine, engineering, or technology.
       (c) Additional Responsibilities of the Director of National 
     Drug Control Policy.--
       (1) In general.--The Director, acting through the Director 
     of Technology shall--
       (A) identify and define the short-, medium-, and long-term 
     scientific and technological needs of Federal, State, and 
     local drug supply reduction agencies, including--
       (i) advanced surveillance, tracking, and radar imaging;
       (ii) electronic support measures;
       (iii) communications;
       (iv) data fusion, advanced computer systems, and artificial 
     intelligence; and
       (v) chemical, biological, radiological (including neutron, 
     electron, and graviton), and other means of detection;
       (B) identify demand reduction basic and applied research 
     needs and initiatives, in consultation with affected National 
     Drug Control Program agencies, including--
       (i) improving treatment through neuroscientific advances;
       (ii) improving the transfer of biomedical research to the 
     clinical setting; and
       (iii) in consultation with the National Institute on Drug 
     Abuse, and through interagency agreements or grants, 
     examining addiction and rehabilitation research and the 
     application of technology to expanding the effectiveness or 
     availability of drug treatment;
       (C) make a priority ranking of such needs identified in 
     subparagraphs (A) and (B) according to fiscal and 
     technological feasibility, as part of a National Counter-Drug 
     Enforcement Research and Development Program;
       (D) oversee and coordinate counter-drug technology 
     initiatives with related activities of other Federal civilian 
     and military departments;
       (E) provide support to the development and implementation 
     of the national drug control performance measurement system; 
     and
       (F) pursuant to the authority of the Director of National 
     Drug Control Policy under section 804, submit requests to 
     Congress for the reprogramming or transfer of funds 
     appropriated for counter-drug technology research and 
     development.
       (2) Limitation on authority.--The authority granted to the 
     Director under this subsection shall not extend to the award 
     of contracts, management of individual projects, or other 
     operational activities.
       (d) Assistance and Support to Office of National Drug 
     Control Policy.--The Secretary of Defense and the Secretary 
     of Health and Human Services shall, to the maximum extent 
     practicable, render assistance and support to the Office and 
     to the Director in the conduct of counter-drug technology 
     assessment.
       Sec. 809. President's Council on Counter-Narcotics. (a) 
     Establishment.--There is established a council to be known as 
     the President's Council on Counter-Narcotics (referred to in 
     this section as the ``Council'').
       (b) Membership.--
       (1) In general.--Subject to paragraph (2), the Council 
     shall be composed of 18 members, of whom--

[[Page S10040]]

       (A) 1 shall be the President, who shall serve as Chairman 
     of the Council;
       (B) 1 shall be the Vice President;
       (C) 1 shall be the Secretary of State;
       (D) 1 shall be the Secretary of the Treasury;
       (E) 1 shall be the Secretary of Defense;
       (F) 1 shall be the Attorney General;
       (G) 1 shall be the Secretary of Transportation;
       (H) 1 shall be the Secretary of Health and Human Services;
       (I) 1 shall be the Secretary of Education;
       (J) 1 shall be the Representative of the United States of 
     America to the United Nations;
       (K) 1 shall be the Director of the Office of Management and 
     Budget;
       (L) 1 shall be the Chief of Staff to the President;
       (M) 1 shall be the Director of the Office, who shall serve 
     as the Executive Director of the Council;
       (N) 1 shall be the Director of Central Intelligence;
       (O) 1 shall be the Assistant to the President for National 
     Security Affairs;
       (P) 1 shall be the Counsel to the President;
       (Q) 1 shall be the Chairman of the Joint Chiefs of Staff; 
     and
       (R) 1 shall be the National Security Adviser to the Vice 
     President.
       (2) Additional members.--The President may, in the 
     discretion of the President, appoint additional members to 
     the Council.
       (c) Functions.--The Council shall advise and assist the 
     President in--
       (1) providing direction and oversight for the national drug 
     control strategy, including relating drug control policy to 
     other national security interests and establishing 
     priorities; and
       (2) ensuring coordination among departments and agencies of 
     the Federal Government concerning implementation of the 
     National Drug Control Strategy.
       (d) Administration.--
       (1) In general.--The Council may utilize established or ad 
     hoc committees, task forces, or interagency groups chaired by 
     the Director (or a representative of the Director) in 
     carrying out the functions of the Council under this section.
       (2) Staff.--The staff of the Office, in coordination with 
     the staffs of the Vice President and the Assistant to the 
     President for National Security Affairs, shall act as staff 
     for the Council.
       (3) Cooperation from other agencies.--Each department and 
     agency of the executive branch shall--
       (A) cooperate with the Council in carrying out the 
     functions of the Council under this section; and
       (B) provide such assistance, information, and advice as the 
     Council may request, to the extent permitted by law.
       Sec. 810. Parents Advisory Council on Youth Drug Abuse. (a) 
     In General.--
       (1) Establishment.--There is established a Council to be 
     known as the Parents Advisory Council on Youth Drug Abuse 
     (referred to in this section as the ``Council'').
       (2) Membership.--
       (A) Composition.--The Council shall be composed of 16 
     members, of whom--
       (i) 4 shall be appointed by the President, each of whom 
     shall be a parent or guardian of a child who is not less than 
     6 and not more than 18 years of age as of the date on which 
     the appointment is made;
       (ii) 4 shall be appointed by the Majority Leader of the 
     Senate, 3 of whom shall be a parent or guardian of a child 
     who is not less than 6 and not more than 18 years of age as 
     of the date on which the appointment is made;
       (iii) 2 shall be appointed by the Minority Leader of the 
     Senate, each of whom shall be a parent or guardian of a child 
     who is not less than 6 and not more than 18 years of age as 
     of the date on which the appointment is made;
       (iv) 4 shall be appointed by the Speaker of the House of 
     Representatives, 3 of whom shall be a parent or guardian of a 
     child who is not less than 6 and not more than 18 years of 
     age as of the date on which the appointment is made; and
       (v) 2 shall be appointed by the Minority Leader of the 
     House of Representatives, each of whom shall be a parent or 
     guardian of a child who is not less than 6 and not more than 
     18 years of age as of the date on which the appointment is 
     made.
       (B) Requirements.--
       (i) In general.--Each member of the Council shall be an 
     individual from the private sector with a demonstrated 
     interest and expertise in research, education, treatment, or 
     prevention activities related to youth drug abuse.
       (ii) Representatives of nonprofit organizations.--Not less 
     than 1 member appointed under each of clauses (i) through (v) 
     of paragraph (1)(A) shall be a representative of a nonprofit 
     organization focused on involving parents in antidrug 
     education and prevention.
       (C) Date.--The appointments of the initial members of the 
     Council shall be made not later than 60 days after the date 
     of enactment of this section.
       (D) Director.--The Director may, in the discretion of the 
     Director, serve as an adviser to the Council and attend such 
     meetings and hearings of the Council as the Director 
     considers to be appropriate.
       (3) Period of appointment; vacancies.--
       (A) Period of appointment.--Each member of the Council 
     shall be appointed for a term of 3 years, except that, of the 
     initial members of the Council--
       (i) 1 member appointed under each of clauses (i) through 
     (v) of paragraph (1)(A) shall be appointed for a term of 1 
     year; and
       (ii) 1 member appointed under each of clauses (i) through 
     (v) of paragraph (1)(A) shall be appointed for a term of 2 
     years.
       (B) Vacancies.--Any vacancy in the Council shall not affect 
     its powers, provided that a quorum is present, but shall be 
     filled in the same manner as the original appointment. Any 
     member appointed to fill a vacancy occurring before the 
     expiration of the term for which the member's predecessor was 
     appointed shall be appointed only for the remainder of that 
     term.
       (C) Appointment of successor.--To the extent necessary to 
     prevent a vacancy in the membership of the Council, a member 
     of the Council may serve for not more than 6 months after the 
     expiration of the term of that member, if the successor of 
     that member has not been appointed.
       (4) Initial meeting.--Not later than 120 days after the 
     date on which all initial members of the Council have been 
     appointed, the Council shall hold its first meeting.
       (5) Meetings.--The Council shall meet at the call of the 
     Chairperson.
       (6) Quorum.--Nine members of the Council shall constitute a 
     quorum, but a lesser number of members may hold hearings.
       (7) Chairperson and vice chairperson.--
       (A) In general.--The members of the Council shall select a 
     Chairperson and Vice Chairperson from among the members of 
     the Council.
       (B) Duties of chairperson.--The Chairperson of the Council 
     shall--
       (i) serve as the executive director of the Council;
       (ii) direct the administration of the Council;
       (iii) assign officer and committee duties relating to the 
     Council; and
       (iv) issue the reports, policy positions, and statements of 
     the Council.
       (C) Duties of vice chairperson.--If the Chairperson of the 
     Council is unable to serve, the Vice Chairperson shall serve 
     as the Chairperson.
       (b) Duties of the Council.--
       (1) In general.--The Council--
       (A) shall advise the President and the Members of the 
     Cabinet, including the Director, on drug prevention, 
     education, and treatment; and
       (B) may issue reports and recommendations on drug 
     prevention, education, and treatment, in addition to the 
     annual report detailed in paragraph (2), as the Council 
     considers appropriate.
       (2) Submission to congress.--Any report or recommendation 
     issued by the Council shall be submitted to Congress.
       (3) Advice on the national drug control strategy.--Not 
     later than December 1, 1998, and on December 1 of each year 
     thereafter, the Council shall submit to the Director an 
     annual report containing drug control strategy 
     recommendations on drug prevention, education, and treatment. 
     Each report submitted to the Director under this paragraph 
     shall be included as an appendix to the report submitted by 
     the Director under section 806(b).
       (c) Powers of the Council.--
       (1) Hearings.--The Council may hold such hearings, sit and 
     act at such times and places, take such testimony, and 
     receive such evidence as the Council considers advisable to 
     carry out this section.
       (2) Information from federal agencies.--The Council may 
     secure directly from any department or agency of the Federal 
     Government such information as the Council considers to be 
     necessary to carry out this section. Upon request of the 
     Chairperson of the Council, the head of that department or 
     agency shall furnish such information to the Council, unless 
     the head of that department or agency determines that 
     furnishing the information to the Council would threaten the 
     national security of the United States, the health, safety, 
     or privacy of any individual, or the integrity of an ongoing 
     investigation.
       (3) Postal services.--The Council may use the United States 
     mails in the same manner and under the same conditions as 
     other departments and agencies of the Federal Government.
       (4) Gifts.--The Council may solicit, accept, use, and 
     dispose of gifts or donations of services or property in 
     connection with performing the duties of the Council under 
     this section.
       (d) Expenses.--The members of the Council shall be allowed 
     travel expenses, including per diem in lieu of subsistence, 
     at rates authorized for employees of agencies under 
     subchapter I of chapter 57 of title 5, United States Code, 
     while away from their homes or regular places of business in 
     the performance of services for the Council.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Council such sums as may be 
     necessary carry out this section.
       Sec. 811. Drug Interdiction. (a) Definition.--In this 
     section, the term ``Federal drug control agency'' means--
       (1) the Office of National Drug Control Policy;
       (2) the Department of Defense;
       (3) the Drug Enforcement Administration;
       (4) the Federal Bureau of Investigation;
       (5) the Immigration and Naturalization Service;
       (6) the United States Coast Guard;
       (7) the United States Customs Service; and
       (8) any other department or agency of the Federal 
     Government that the Director determines to be relevant.
       (b) Report.--In order to assist Congress in determining the 
     personnel, equipment, funding, and other resources that would 
     be required by Federal drug control agencies in order to 
     achieve a level of interdiction success at or above the 
     highest level achieved before the date of enactment of this 
     title, not later than 90 days after the date of enactment of 
     this Act, the Director shall submit to Congress and to each 
     Federal drug control program agency a report, which shall 
     include--
       (1) with respect to the southern and western border regions 
     of the United States (including the Pacific coast, the border 
     with Mexico, the Gulf of Mexico coast, and other ports of 
     entry) and in overall totals, data relating to--
       (A) the amount of marijuana, heroin, methamphetamine, and 
     cocaine--

[[Page S10041]]

       (i) seized during the year of highest recorded seizures for 
     each drug in each region and during the year of highest 
     recorded overall seizures; and
       (ii) disrupted during the year of highest recorded 
     disruptions for each drug in each region and during the year 
     of highest recorded overall seizures; and
       (B) the number of persons arrested for violations of 
     section 1010(a) of the Controlled Substances Import and 
     Export Act (21 U.S.C. 960(a)) and related offenses during the 
     year of the highest number of arrests on record for each 
     region and during the year of highest recorded overall 
     arrests;
       (2) the price of cocaine, heroin, methamphetamine, and 
     marijuana during the year of highest price on record during 
     the preceding 10-year period, adjusted for purity where 
     possible; and
       (3) a description of the personnel, equipment, funding, and 
     other resources of the Federal drug control agency devoted to 
     drug interdiction and securing the borders of the United 
     States against drug trafficking for each of the years 
     identified in paragraphs (1) and (2) for each Federal drug 
     control agency.
       (b) Budget Process.--
       (1) Information to director.--Based on the report submitted 
     under subsection (b), each Federal drug control agency shall 
     submit to the Director, as part of each annual drug control 
     budget request submitted by the Federal drug control agency 
     to the Director under section 804(c)(2), a description of the 
     specific personnel, equipment, funding, and other resources 
     that would be required for the Federal drug control agency to 
     meet or exceed the highest level of interdiction success for 
     that agency identified in the report submitted under 
     subsection (b).
       (2) Information to congress.--The Director shall include 
     each submission under paragraph (1) in each annual 
     consolidated National Drug Control Program budget proposal 
     submitted by the Director to Congress under section 804(c), 
     which submission shall be accompanied by a description of any 
     additional resources that would be required by the Federal 
     drug control agencies to meet the highest level of 
     interdiction success identified in the report submitted under 
     subsection (b).
       Sec. 812. Report on an Alliance Against Narcotics 
     Trafficking in the Western Hemisphere. (a) Sense of Congress 
     on Discussions for Alliance.--
       (1) Sense of congress.--It is the sense of Congress that 
     the President should discuss with the democratically elected 
     governments of the Western Hemisphere the prospect of forming 
     a multilateral alliance to address problems relating to 
     international drug trafficking in the Western Hemisphere.
       (2) Consultations.--In the consultations on the prospect of 
     forming an alliance described in paragraph (1), the President 
     should seek the input of such governments on the possibility 
     of forming 1 or more structures within the alliance--
       (A) to develop a regional, multilateral strategy to address 
     the threat posed to nations in the Western Hemisphere by drug 
     trafficking; and
       (B) to establish a new mechanism for improving multilateral 
     coordination of drug interdiction and drug-related law 
     enforcement activities in the Western Hemisphere.
       (b) Report.--
       (1) Requirement.--Not later than 60 days after the date of 
     enactment of this Act, the President shall submit to Congress 
     a report on the proposal discussed under subsection (a), 
     which shall include--
       (A) an analysis of the reactions of the governments 
     concerned to the proposal;
       (B) an assessment of the proposal, including an evaluation 
     of the feasibility and advisability of forming the alliance;
       (C) a determination in light of the analysis and assessment 
     whether or not the formation of the alliance is in the 
     national interests of the United States;
       (D) if the President determines that the formation of the 
     alliance is in the national interests of the United States, a 
     plan for encouraging and facilitating the formation of the 
     alliance; and
       (E) if the President determines that the formation of the 
     alliance is not in the national interests of the United 
     States, an alternative proposal to improve significantly 
     efforts against the threats posed by narcotics trafficking in 
     the Western Hemisphere, including an explanation of the 
     manner in which the alternative proposal will--
       (i) improve upon current cooperation and coordination of 
     counter-drug efforts among nations in the Western Hemisphere;
       (ii) provide for the allocation of the resources required 
     to make significant progress in disrupting and disbanding the 
     criminal organizations responsible for the trafficking of 
     illegal drugs in the Western Hemisphere; and
       (iii) differ from and improve upon past strategies adopted 
     by the United States Government which have failed to make 
     sufficient progress against the trafficking of illegal drugs 
     in the Western Hemisphere.
       (2) Unclassified form.--The report under paragraph (1) 
     shall be submitted in unclassified form, but may contain a 
     classified annex.
       Sec. 813. Establishment of Special Forfeiture Fund. Section 
     6073 of the Asset Forfeiture Amendments Act of 1988 (21 
     U.S.C. 1509) is amended--
       (1) in subsection (b)--
       (A) by striking ``section 524(c)(9)'' and inserting 
     ``section 524(c)(8)''; and
       (B) by striking ``section 9307(g)'' and inserting ``section 
     9703(g)''; and
       (2) in subsection (e), by striking ``strategy'' and 
     inserting ``Strategy''.
       Sec. 814. Technical and Conforming Amendments. (a) Title 5, 
     United States Code.--Chapter 53 of title 5, United States 
     Code, is amended--
       (1) in section 5312, by adding at the end the following:
       ``Director of National Drug Control Policy.'';
       (2) in section 5313, by adding at the end the following:
       ``Deputy Director of National Drug Control Policy.''; and
       (3) in section 5314, by adding at the end the following:
       ``Deputy Director for Demand Reduction, Office of National 
     Drug Control Policy.
       ``Deputy Director for Supply Reduction, Office of National 
     Drug Control Policy.
       ``Deputy Director for State and Local Affairs, Office of 
     National Drug Control Policy.''.
       (b) National Security Act of 1947.--Section 101 of the 
     National Security Act of 1947 (50 U.S.C. 402) is amended by 
     redesignating subsection (f) as subsection (g) and inserting 
     after subsection (e) the following:
       ``(f) The Director of National Drug Control Policy may, in 
     the role of the Director as principal adviser to the National 
     Security Council on national drug control policy, and subject 
     to the direction of the President, attend and participate in 
     meetings of the National Security Council.''.
       (c) Submission of National Drug Control Program Budget With 
     Annual Budget Request of President.--Section 1105(a) of title 
     31, United States Code, is amended by inserting after 
     paragraph (25) the following:
       ``(26) a separate statement of the amount of appropriations 
     requested for the Office of National Drug Control Policy and 
     each program of the National Drug Control Program.''.
       Sec. 815. Authorization of Appropriations. There are 
     authorized to be appropriated to carry out this title, to 
     remain available until expended, such sums as may be 
     necessary for each of fiscal years 1998 through 2002.
       Sec. 816. Termination of Office of National Drug Control 
     Policy. (a) In General.--Except as provided in subsection 
     (b), effective on September 30, 2002, this title and the 
     amendments made by this title are repealed.
       (b) Exception.--Subsection (a) does not apply to section 
     813 or the amendments made by that section.

       TITLE IX--HAITIAN REFUGEE IMMIGRATION FAIRNESS ACT OF 1998

       Sec. 901. Short Title. This title may be cited as the 
     ``Haitian Refugee Immigration Fairness Act of 1998''.
       Sec. 902. Adjustment of Status of Certain Haitian 
     Nationals. (a) Adjustment of Status.--
       (1) In general.--The status of any alien described in 
     subsection (b) shall be adjusted by the Attorney General to 
     that of an alien lawfully admitted for permanent residence, 
     if the alien--
       (A) applies for such adjustment before April 1, 2000; and
       (B) is otherwise admissible to the United States for 
     permanent residence, except that, in determining such 
     admissibility, the grounds for inadmissibility specified in 
     paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of section 
     212(a) of the Immigration and Nationality Act shall not 
     apply.
       (2) Relationship of application to certain orders.--An 
     alien present in the United States who has been ordered 
     excluded, deported, removed, or ordered to depart voluntarily 
     from the United States under any provision of the Immigration 
     and Nationality Act may, notwithstanding such order, apply 
     for adjustment of status under paragraph (1). Such an alien 
     may not be required, as a condition on submitting or granting 
     such application, to file a separate motion to reopen, 
     reconsider, or vacate such order. If the Attorney General 
     grants the application, the Attorney General shall cancel the 
     order. If the Attorney General makes a final decision to deny 
     the application, the order shall be effective and enforceable 
     to the same extent as if the application had not been made.
       (b) Aliens Eligible for Adjustment of Status.--The benefits 
     provided by subsection (a) shall apply to any alien who is a 
     national of Haiti who--
       (1) was present in the United States on December 31, 1995, 
     who--
       (A) filed for asylum before December 31, 1995,
       (B) was paroled into the United States prior to December 
     31, 1995, after having been identified as having a credible 
     fear of persecution, or paroled for emergent reasons or 
     reasons deemed strictly in the public interest, or
       (C) was a child (as defined in the text above subparagraph 
     (A) of section 101(b)(1) of the Immigration and Nationality 
     Act (8 U.S.C. 1101(b)(1)) at the time of arrival in the 
     United States and on December 31, 1995, and who--
       (i) arrived in the United States without parents in the 
     United States and has remained without parents in the United 
     States since such arrival,
       (ii) became orphaned subsequent to arrival in the United 
     States, or
       (iii) was abandoned by parents or guardians prior to April 
     1, 1998 and has remained abandoned since such abandonment; 
     and
       (2) has been physically present in the United States for a 
     continuous period beginning not later than December 31, 1995, 
     and ending not earlier than the date the application for such 
     adjustment is filed, except that an alien shall not be 
     considered to have failed to maintain continuous physical 
     presence by reason of an absence, or absences, from the 
     United States for any period or periods amounting in the 
     aggregate to not more than 180 days.
       (c) Stay of Removal.--
       (1) In general.--The Attorney General shall provide by 
     regulation for an alien who is subject to a final order of 
     deportation or removal or exclusion to seek a stay of such 
     order based on the filing of an application under subsection 
     (a).
       (2) During certain proceedings.--Notwithstanding any 
     provision of the Immigration and Nationality Act, the 
     Attorney General shall not order any alien to be removed from 
     the United

[[Page S10042]]

     States, if the alien is in exclusion, deportation, or removal 
     proceedings under any provision of such Act and has applied 
     for adjustment of status under subsection (a), except where 
     the Attorney General has made a final determination to deny 
     the application.
       (3) Work authorization.--The Attorney General may authorize 
     an alien who has applied for adjustment of status under 
     subsection (a) to engage in employment in the United States 
     during the pendency of such application and may provide the 
     alien with an ``employment authorized'' endorsement or other 
     appropriate document signifying authorization of employment, 
     except that if such application is pending for a period 
     exceeding 180 days, and has not been denied, the Attorney 
     General shall authorize such employment.
       (d) Adjustment of Status for Spouses and Children.--
       (1) In general.--The status of an alien shall be adjusted 
     by the Attorney General to that of an alien lawfully admitted 
     for permanent residence, if--
       (A) the alien is a national of Haiti;
       (B) the alien is the spouse, child, or unmarried son or 
     daughter, of an alien whose status is adjusted to that of an 
     alien lawfully admitted for permanent residence under 
     subsection (a), except that, in the case of such an unmarried 
     son or daughter, the son or daughter shall be required to 
     establish that he or she has been physically present in the 
     United States for a continuous period beginning not later 
     than December 31, 1995, and ending not earlier than the date 
     the application for such adjustment is filed;
       (C) the alien applies for such adjustment and is physically 
     present in the United States on the date the application is 
     filed; and
       (D) the alien is otherwise admissible to the United States 
     for permanent residence, except that, in determining such 
     admissibility, the grounds for inadmissibility specified in 
     paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of section 
     212(a) of the Immigration and Nationality Act shall not 
     apply.
       (2) Proof of continuous presence.--For purposes of 
     establishing the period of continuous physical presence 
     referred to in paragraph (1)(B), an alien shall not be 
     considered to have failed to maintain continuous physical 
     presence by reason of an absence, or absences, from the 
     United States for any period or periods amounting in the 
     aggregate to not more than 180 days.
       (e) Availability of Administrative Review.--The Attorney 
     General shall provide to applicants for adjustment of status 
     under subsection (a) the same right to, and procedures for, 
     administrative review as are provided to--
       (1) applicants for adjustment of status under section 245 
     of the Immigration and Nationality Act; or
       (2) aliens subject to removal proceedings under section 240 
     of such Act.
       (f) Limitation on Judicial Review.--A determination by the 
     Attorney General as to whether the status of any alien should 
     be adjusted under this section is final and shall not be 
     subject to review by any court.
       (g) No Offset in Number of Visas Available.--When an alien 
     is granted the status of having been lawfully admitted for 
     permanent resident pursuant to this section, the Secretary of 
     State shall not be required to reduce the number of immigrant 
     visas authorized to be issued under any provision of the 
     Immigration and Nationality Act.
       (h) Application of Immigration and Nationality Act 
     Provisions.--Except as otherwise specifically provided in 
     this title, the definitions contained in the Immigration and 
     Nationality Act shall apply in the administration of this 
     section. Nothing contained in this title shall be held to 
     repeal, amend, alter, modify, effect, or restrict the powers, 
     duties, functions, or authority of the Attorney General in 
     the administration and enforcement of such Act or any other 
     law relating to immigration, nationality, or naturalization. 
     The fact that an alien may be eligible to be granted the 
     status of having been lawfully admitted for permanent 
     residence under this section shall not preclude the alien 
     from seeking such status under any other provision of law for 
     which the alien may be eligible.
       (i) Adjustment of Status Has No Effect On Eligibility For 
     Welfare and Public Benefits.--No alien whose status has been 
     adjusted in accordance with this section and who was not a 
     qualified alien on the date of enactment of this Act may, 
     solely on the basis of such adjusted status, be considered to 
     be a qualified alien under section 431(b) of the Personal 
     Responsibility and Work Opportunity Reconciliation Act of 
     1996 (8 U.S.C. 1641(b)), as amended by section 5302 of the 
     Balanced Budget Act of 1997 (Public Law 105-33; 111 Stat. 
     598), for purposes of determining the alien's eligibility for 
     supplemental security income benefits under title XVI of the 
     Social Security Act (42 U.S.C. 1381 et seq.) or medical 
     assistance under title XIX of such Act (42 U.S.C. 1396 et 
     seq.).
       (j) Period of Applicability.--Subsection (i) shall not 
     apply after October 1, 2003.
       Sec. 903. Collection of Data on Detained Asylum Seekers. 
     (a) In general.--The Attorney General shall regularly collect 
     data on a nation-wide basis with respect to asylum seekers in 
     detention in the United States, including the following 
     information:
       (1) The number of detainees.
       (2) An identification of the countries of origin of the 
     detainees.
       (3) The percentage of each gender within the total number 
     of detainees.
       (4) The number of detainees listed by each year of age of 
     the detainees.
       (5) The location of each detainee by detention facility.
       (6) With respect to each facility where detainees are held, 
     whether the facility is also used to detain criminals and 
     whether any of the detainees are held in the same cells as 
     criminals.
       (7) The number and frequency of the transfers of detainees 
     between detention facilities.
       (8) The average length of detention and the number of 
     detainees by category of the length of detention.
       (9) The rate of release from detention of detainees for 
     each district of the Immigration and Naturalization Service.
       (10) A description of the disposition of cases.
       (b) Annual reports.--Beginning October 1, 1999, and not 
     later than October 1 of each year thereafter, the Attorney 
     General shall submit to the Committee on the Judiciary of 
     each House of Congress a report setting forth the data 
     collected under subsection (a) for the fiscal year ending 
     September 30 of that year.
       (c) Availability to Public.--Copies of the data collected 
     under subsection (a) shall be made available to members of 
     the public upon request pursuant to such regulations as the 
     Attorney General shall prescribe.
       Sec. 904. Collection of Data on Other Detained Aliens. (a) 
     In General.--The Attorney General shall regularly collect 
     data on a nationwide basis on aliens being detained in the 
     United States by the Immigration and Naturalization Service 
     other than the aliens described in section 903, including the 
     following information:
       (1) The number of detainees who are criminal aliens and the 
     number of detainees who are noncriminal aliens who are not 
     seeking asylum.
       (2) An identification of the ages, gender, and countries of 
     origin of detainees within each category described in 
     paragraph (1).
       (3) The types of facilities, whether facilities of the 
     Immigration and Naturalization Service or other Federal, 
     State, or local facilities, in which each of the categories 
     of detainees described in paragraph (1) are held.
       (b) Length of Detention, Transfers, and Dispositions.--With 
     respect to detainees who are criminal aliens and detainees 
     who are noncriminal aliens who are not seeking asylum, the 
     Attorney General shall also collect data concerning--
       (1) the number and frequency of transfers between detention 
     facilities for each category of detainee;
       (2) the average length of detention of each category of 
     detainee;
       (3) for each category of detainee, the number of detainees 
     who have been detained for the same length of time, in 3-
     month increments;
       (4) for each category of detainee, the rate of release from 
     detention for each district of the Immigration and 
     Naturalization Service; and
       (5) for each category of detainee, the disposition of 
     detention, including whether detention ended due to 
     deportation, release on parole, or any other release.
       (c) Criminal Aliens.--With respect to criminal aliens, the 
     Attorney General shall also collect data concerning--
       (1) the number of criminal aliens apprehended under the 
     immigration laws and not detained by the Attorney General; 
     and
       (2) a list of crimes committed by criminal aliens after the 
     decision was made not to detain them, to the extent this 
     information can be derived by cross-checking the list of 
     criminal aliens not detained with other databases accessible 
     to the Attorney General.
       (d) Annual Reports.--Beginning on October 1, 1999, and not 
     later than October 1 of each year thereafter, the Attorney 
     General shall submit to the Committee on the Judiciary of 
     each House of Congress a report setting forth the data 
     collected under subsections (a), (b), and (c) for the fiscal 
     year ending September 30 of that year.
       (e) Availability to Public.--Copies of the data collected 
     under subsections (a), (b), and (c) shall be made available 
     to members of the public upon request pursuant to such 
     regulations as the Attorney General shall prescribe.
       This Act may be cited as the ``Treasury and General 
     Government Appropriations Act, 1999''.

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